Maine Code § 11-8-1103

Rules for determining whether certain obligations and interests are securities or
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financial assets
(1). A share or similar equity interest issued by a corporation, business trust, joint stock company
or similar entity is a security.
[PL 1997, c. 429, Pt. B, §2 (NEW).]
(2). 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.
[PL 1997, c. 429, Pt. B, §2 (NEW).]
(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 Article or it is an investment company security. An interest in a partnership or limited
liability company is a financial asset if it is held in a securities account.
[PL 1997, c. 429, Pt. B, §2 (NEW).]
(4). A writing that is a security certificate is governed by this Article and not by Article 3-A, even
though it also meets the requirements of that Article. A negotiable instrument governed by Article 3-A
is a financial asset if it is held in a securities account.
[PL 1997, c. 429, Pt. B, §2 (NEW).]
(5). An option or similar obligation issued by a clearing corporation to its participants is not a
security, but is a financial asset.
[PL 1997, c. 429, Pt. B, §2 (NEW).]
(6). A commodity contract, as defined in section 9-1102, subsection (15), is not a security or a
financial asset.
[PL 1999, c. 699, Pt. B, §20 (AMD); PL 1999, c. 699, Pt. B, §28 (AFF).]
(7). A document of title is not a financial asset unless section 8-1102, subsection (1), paragraph
(i), subparagraph (iii) applies.
[PL 2009, c. 324, Pt. B, §26 (NEW); PL 2009, c. 324, Pt. B, §48 (AFF).]
(8). A controllable account, controllable electronic record or controllable payment intangible is
not a financial asset unless section 8-1102, subsection (1), paragraph (i), subparagraph (iii) applies.
[PL 2023, c. 669, Pt. A, §59 (NEW); PL 2023, c. 669, Pt. E, §1 (AFF).]

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