2009 Kentucky Revised Statutes
Article 8 Investment Securities
355.8.103 Rules for determining whether certain obligations and interests are securities or financial assets.
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 article, 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 article and not by Article 3 of this chapter, even though it also meets the requirements of that article. However,
a negotiable instrument governed by Article 3 of this chapter 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 KRS 355.9-102(1)(o), is not a security or a financial asset. Effective: July 1, 2001
History: Amended 2000 Ky. Acts ch. 408, sec. 169, effective July 1, 2001. -- Repealed and reenacted 1996 Ky. Acts ch. 130, sec. 116, effective January 1, 1997. --
Amended 1986 Ky. Acts ch. 118, sec. 11, effective July 1, 1987. -- Created 1958 Ky.
Acts ch. 77, sec. 8-103, effective July 1, 1960.
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