# S.C. Code Ann. § 36-8-103: SECTION 36-8-103. Rules for determining whether certain obligations and interests are securities or financial assets

> South Carolina · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_SC_T36_C8_S36-8-103

## Section

- **Citation:** S.C. Code Ann. § 36-8-103
- **Heading:** SECTION 36-8-103. Rules for determining whether certain obligations and interests are securities or financial assets
- **Jurisdiction:** South Carolina
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** SC Code / Title 36 / Chapter 8 / Section 36-8-103

## Text

(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 Section 36-9-102(a)(15), is not a security or a financial asset. (g) A document of title is not a financial asset unless Section 36-8-102(a)(9)(iii) applies. Editor's Note 2014 Act No. 213, SECTION 51, provides as follows: "SECTION 51. This act becomes effective on October 1, 2014. It applies to transactions entered into and events occurring after that date." Effect of Amendment 2014 Act No. 213, SECTION 32, added subsection (g).

## Nearby sections

- [S.C. Code Ann. § 36-8-101 SECTION 36-8-101. Short title.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T36_C8_S36-8-101.md)
- [S.C. Code Ann. § 36-8-102 SECTION 36-8-102. Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T36_C8_S36-8-102.md)
- [S.C. Code Ann. § 36-8-103 SECTION 36-8-103. Rules for determining whether certain obligations and interests are securities or financial assets.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T36_C8_S36-8-103.md)
- [S.C. Code Ann. § 36-8-104 SECTION 36-8-104. Acquisition of security or financial asset or interest therein.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T36_C8_S36-8-104.md)
- [S.C. Code Ann. § 36-8-105 SECTION 36-8-105. Notice of adverse claim.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T36_C8_S36-8-105.md)
- [S.C. Code Ann. § 36-8-106 SECTION 36-8-106. Control.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T36_C8_S36-8-106.md)
- [S.C. Code Ann. § 36-8-107 SECTION 36-8-107. Whether indorsement, instruction, or entitlement order is effective.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T36_C8_S36-8-107.md)
- [S.C. Code Ann. § 36-8-108 SECTION 36-8-108. Warranties in direct holding.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T36_C8_S36-8-108.md)
- [S.C. Code Ann. § 36-8-109 SECTION 36-8-109. Warranties in indirect holding.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T36_C8_S36-8-109.md)
- [S.C. Code Ann. § 36-8-110 SECTION 36-8-110. Applicability; choice of law.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T36_C8_S36-8-110.md)
- [S.C. Code Ann. § 36-8-111 SECTION 36-8-111. Clearing corporation rules.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T36_C8_S36-8-111.md)
- [S.C. Code Ann. § 36-8-112 SECTION 36-8-112. Creditor's legal process.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T36_C8_S36-8-112.md)
- [S.C. Code Ann. § 36-8-113 SECTION 36-8-113. Statute of frauds inapplicable.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T36_C8_S36-8-113.md)
- [S.C. Code Ann. § 36-8-114 SECTION 36-8-114. Evidentiary rules concerning certificated securities.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T36_C8_S36-8-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_SC_T36_C8_S36-8-103. Check the current official text before relying on it. Not legal advice.