For the purposes of this article, the term: “Adverse claim” means a claim that a claimant has a property interest in a financial asset and that it is a violation of the rights of the claimant for another person to hold, transfer, or deal with the financial asset. “Bearer form,” as applied to a certificated security, means a form in which the security is payable to the bearer of the security certificate according to its terms but not by reason of an indorsement. “Broker” means a person defined as a broker or dealer under the federal securities laws, but without excluding a bank acting in that capacity. “Certificated security” means a security that is represented by a certificate. “Clearing corporation” means: A person that is registered as a “clearing agency” under the federal securities laws; A federal reserve bank; or Any other person that provides clearance or settlement services with respect to financial assets that would require it to register as a clearing agency under the federal securities laws but for an exclusion or exemption from the registration requirement, if its activities as a clearing corporation, including promulgation of rules, are subject to regulation by a federal or state governmental authority. “Communicate” means to: Send a signed writing; or Transmit information by any mechanism agreed upon by the persons transmitting and receiving the information. “Entitlement holder” means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of § 28:8-501(b)(2) or (3), that person is the entitlement holder. “Entitlement order” means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement. “Financial asset,” except as otherwise provided in § 28:8-103 , means: A security; An obligation of a person or a share, participation, or other interest in a person or in property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment; or Any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this article. As context requires, the term “financial asset” means either the interest itself or the means by which a person’s claim to it is evidenced, including a certificated or uncertificated security, a security certificate, or a security entitlement. Repealed. “Indorsement” means a signature that alone or accompanied by other words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring, or redeeming the security or granting a power to assign, transfer, or redeem it. “Instruction” means a notification communicated to the issuer of an uncertificated security which directs that the transfer of the security be registered or that the security be redeemed. “Registered form,” as applied to a certificated security, means a form in which: The security certificate specifies a person entitled to the security; and A transfer of the security may be registered upon books maintained for that purpose by or on behalf of the issuer, or the security certificate so states. “Securities intermediary” means: A clearing corporation; or A person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity. “Security,” except as otherwise provided in § 28:8-103 , means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer which: Is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer; Is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations; and Is, or is of a type, dealt in or traded on securities exchanges or securities markets; or Is a medium for investment and by its terms expressly provides that it is a security governed by this article. “Security certificate” means a certificate representing a security. “Security entitlement” means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5. “Uncertificated security” means a security that is not represented by a certificate. Other definitions applying to this article and the sections in which they appear are: “Appropriate person”. § 28:8-107 . “Control”. § 28:8-106 . “Delivery”. § 28:8-301 . “Investment company security”. § 28:8-103 . “Issuer”. § 28:8-201 . “Overissue”. § 28:8-210 . “Protected purchaser”. § 28:8-303 . “Securities account”. § 28:8-501 . In addition, Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article. The characterization of a person, business, or transaction for purposes of this article does not determine the characterization of the person, business, or transaction for purposes of any other law, regulation, or rule.
‹ Prev All District Of Columbia sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.