(a) General rule.— With respect to an obligation on or a defense to a security, an "issuer" includes a person that:
- (1) places or authorizes the placing of its name on a security certificate, other than as authenticating trustee, registrar, transfer agent or the like, to evidence a share, participation or other interest in its property or in an enterprise, or to evidence its duty to perform an obligation represented by the certificate;
- (2) creates a share, participation or other interest in its property or in an enterprise or undertakes an obligation, that is an uncertificated security;
- (3) directly or indirectly creates a fractional interest in its rights or property, if the fractional interest is represented by a security certificate; or
- (4) becomes responsible for or in place of another person described as an issuer in this section.
- (b) Guarantor.— With respect to an obligation on or defense to a security, a guarantor is an issuer to the extent of its guaranty, whether or not its obligation is noted on a security certificate.
- (c) Person for whom transfer books maintained.— With respect to a registration of a transfer, issuer means a person on whose behalf transfer books are maintained.
Cross References. Section 8201 is referred to in sections 8102, 9102 of this title.