Md. Code Ann., Com. Law § 8-103
Security, defined
Effective Jun 1, 2010Added by Acts 1996, c. 92, § 2, eff. Oct. 1, 1996. Amended by Acts 1999, c. 282, § 2, eff. July 1, 2001; Acts 2004, c. 95, § 2, eff. Oct. 1, 2004; Acts 2010, c. 611, § 2, eff. June 1, 2010.State of Maryland
- (a) A share or similar equity interest issued by a corporation, business trust, statutory trust, joint stock company, or similar entity is a security.
- (b) An “investment company security” is a security. “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.
- (c) 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 title, 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.
- (d) A writing that is a security certificate is governed by this title and not by Title 3 of this article, even though it also meets the requirements of that title. However, a negotiable instrument governed by Title 3 of this article is a financial asset if it is held in a securities account.
- (e) An option or similar obligation issued by a clearing corporation to its participants is not a security, but is a financial asset.
- (f) A commodity contract, as defined in § 9-102(a)(15) of this article, is not a security or a financial asset.
- (g) A document of title is not a financial asset unless § 8-102(a)(9)(iii) applies.
Added by Acts 1996, c. 92, § 2, eff. Oct. 1, 1996. Amended by Acts 1999, c. 282, § 2, eff. July 1, 2001; Acts 2004, c. 95, § 2, eff. Oct. 1, 2004; Acts 2010, c. 611, § 2, eff. June 1, 2010.