Code Section

Commercial Code - COM

DIVISION 8. INVESTMENT SECURITIES [8101 - 8603]

  ( Division 8 repealed and added by Stats. 1996, Ch. 497, Sec. 9. )
  

CHAPTER 2. Issue and Issuer [8201 - 8210]
  ( Chapter 2 added by Stats. 1996, Ch. 497, Sec. 9. )

  
8201.  

(a) With respect to an obligation on or a defense to a security, an “issuer” includes a person that does any of the following:

(1) 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.

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

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

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

(b) 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.

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

(Repealed and added by Stats. 1996, Ch. 497, Sec. 9. Effective January 1, 1997.)