# W. Va. Code § 46-8-103: Rules for determining whether certain obligations and interests are securities or financial assets

> West Virginia · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WV_C46_A8_S103

## Section

- **Citation:** W. Va. Code § 46-8-103
- **Heading:** Rules for determining whether certain obligations and interests are securities or financial assets
- **Jurisdiction:** West Virginia
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** WV Code / Chapter 46 / Article 8 / Section 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 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.

(d) A writing that is a security certificate is governed by this article and not by article three of this chapter, even though it also meets the requirements of that article. However, a negotiable instrument governed by article three 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 9-102(a)(15), is not a security or a financial asset.

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

## Nearby sections

- [W. Va. Code § 46-8-101 §46-8-101. Short title.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46_A8_S101.md)
- [W. Va. Code § 46-8-102 §46-8–102. Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46_A8_S102.md)
- [W. Va. Code § 46-8-103 §46-8-103. Rules for determining whether certain obligations and interests are securities or financial assets.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46_A8_S103.md)
- [W. Va. Code § 46-8-104 §46-8-104. Acquisition of security or financial asset or interest therein.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46_A8_S104.md)
- [W. Va. Code § 46-8-105 §46-8-105. Notice of adverse claim.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46_A8_S105.md)
- [W. Va. Code § 46-8-106 §46-8-106. Control.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46_A8_S106.md)
- [W. Va. Code § 46-8-107 §46-8-107. Whether indorsement, instruction or entitlement order is effective.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46_A8_S107.md)
- [W. Va. Code § 46-8-108 §46-8-108. Warranties in direct holding.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46_A8_S108.md)
- [W. Va. Code § 46-8-109 §46-8-109. Warranties in indirect holding.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46_A8_S109.md)
- [W. Va. Code § 46-8-110 §46-8-110. Applicability; choice of law.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46_A8_S110.md)
- [W. Va. Code § 46-8-111 §46-8-111. Clearing corporation rules.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46_A8_S111.md)
- [W. Va. Code § 46-8-112 §46-8-112. Creditor's legal process.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46_A8_S112.md)
- [W. Va. Code § 46-8-113 §46-8-113. Statute of frauds inapplicable.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46_A8_S113.md)
- [W. Va. Code § 46-8-114 §46-8-114. Evidentiary rules concerning certificated securities.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46_A8_S114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WV_C46_A8_S103. Check the current official text before relying on it. Not legal advice.