TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 8

INVESTMENT SECURITIES

PART 2.

ISSUE AND ISSUER

28-8-201.  Issuer. (1) With respect to an obligation on or a defense to a security, an "issuer" includes a person that:

(a)  Places or authorizes the placing of its name on a security certificate, other than as authenticating trustee, registrar, transfer agent, or the like, to evidence a share, participation or other interest in its property or in an enterprise, or to evidence its duty to perform an obligation represented by the certificate;

(b)  Creates a share, participation or other interest in its property or in an enterprise, or undertakes an obligation, that is an uncertificated security;

(c)  Directly or indirectly creates a fractional interest in its rights or property, if the fractional interest is represented by a security certificate; or

(d)  Becomes responsible for, or in place of, another person described as an issuer in this section.

(2)  With respect to an obligation on or defense to a security, a guarantor is an issuer to the extent of its guaranty, whether or not its obligation is noted on a security certificate.

(3)  With respect to a registration of a transfer, issuer means a person on whose behalf transfer books are maintained.

History:

[28-8-201, added 1995, ch. 272, sec. 2, p. 885.]