Current through Acts 2023-2024, ch. 272
Section 408.103 - Rules for determining whether certain obligations and interests are securities or financial assets(1) A share or similar equity interest issued by a corporation, business trust, joint stock company or similar entity is a security.(2) An "investment company security" is a security. In this chapter, "investment company security" means a share or similar equity interest issued by an entity that is registered as an investment company under the federal investment company laws, an interest in a unit investment trust that is so registered, or a face-amount certificate issued by a face-amount certificate company that is so registered. "Investment company security" does not include an insurance policy or endowment policy or annuity contract issued by an insurance company.(3) An interest in a partnership or limited liability company is not a security unless it is dealt in or traded on securities exchanges or in securities markets, its terms expressly provide that it is a security governed by this chapter or it is an investment company security. However, an interest in a partnership or limited liability company is a financial asset if it is held in a securities account.(4) A writing that is a security certificate is governed by this chapter and not by ch. 403, even though it also meets the requirements of that chapter. However, a negotiable instrument governed by ch. 403 is a financial asset if it is held in a securities account.(5) An option or similar obligation issued by a clearing corporation to its participants is not a security, but is a financial asset.(6) A commodity contract, as defined in s. 409.102(1) (dm) , is not a security or a financial asset.(7) A document of title, as defined in s. 401.201(2) (i) , is not a financial asset unless s. 408.102(1) (i) 1 c. applies.1997 a. 297; 2001 a. 10; 2009 a. 322; 2011 a. 257.