Arkansas Code of 1987 (2024)
Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105)
Subtitle 1 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-11-106)
Chapter 8 - INVESTMENT SECURITIES (§§ 4-8-101 — 4-8-603)
Part 1 - SHORT TITLE AND GENERAL MATTERS (§§ 4-8-101 — 4-8-116)
Section 4-8-103 - Rules for determining whether certain obligations and interests are securities or financial assets

• (a) A share or similar equity interest issued by a corporation, business 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 chapter, 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 chapter and not by Chapter 3, even though it also meets the requirements of that chapter. However, a negotiable instrument governed by Chapter 3 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 § 4-9-102(a)(15), is not a security or a financial asset.

• (g) A document of title is not a financial asset unless § 4-8-102(a)(9)(iii) applies.

Acts 1995, No. 425, § 1; 2001, No. 1439, § 16; 2007, No. 342, § 25.