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WV Code § 46-7-701 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-701. Applicability

§46-7-701. Applicability.This article applies to a document of title that is issued or a bailment that arises on or after the effective date of this article. This article does not apply to a document of title that is issued or a bailment that arises before the effective date of this article even if the document of title or bailment would be subject to this article if the document of title had been issued or bailment had arisen on or after the effective date of this article. This article does not apply to a right of action that has accrued before the effective date of this article.
WV Code § 46-7-702 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-702. Savings Clause

A document of title issued or a bailment that arises before the effective date of this article and the rights, obligations, and interests flowing from that document or bailment are governed by any statute or other rule amended or repealed by this article as if amendment or repeal had not occurred and may be terminated, completed, consummated, or enforced under that statute or other rule.
WV Code § 46-8-101 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 8. Investment Securities|§46-8-101. Short Title

§46-8-101. Short title.This article may be cited as uniform commercial code--investment securities.
WV Code § 46-8-103 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 8. Investment Securities|§46-8-103. 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 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.
WV Code § 46-8-104 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 8. Investment Securities|§46-8-104. Acquisition of Security or Financial Asset or Interest Therein

(a) A person acquires a security or an interest therein, under this article, if:(1) The person is a purchaser to whom a security is delivered pursuant to section 8-301; or(2) The person acquires a security entitlement to the security pursuant to section 8-501.(b) A person acquires a financial asset, other than a security, or an interest therein, under this article, if the person acquires a security entitlement to the financial asset.(c) A person who acquires a security entitlement to a security or other financial asset has the rights specified in Part 5, but is a purchaser of any security, security entitlement, or other financial asset held by the securities intermediary only to the extent provided in section 8-503.(d) Unless the context shows that a different meaning is intended, a person who is required by other law, regulation, rule or agreement to transfer, deliver, present, surrender, exchange or otherwise put in the possession of another person a security or financial asset satisfies that requirement by causing the other person to acquire an interest in the security or financial asset pursuant to subsection (a) or (b) of this section.
WV Code § 46-8-105 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 8. Investment Securities|§46-8-105. Notice of Adverse Claim

(a) A person has notice of an adverse claim if:(1) The person knows of the adverse claim;(2) The person is aware of facts sufficient to indicate that there is a significant probability that the adverse claim exists and deliberately avoids information that would establish the existence of the adverse claim; or(3) The person has a duty, imposed by statute or regulation, to investigate whether an adverse claim exists, and the investigation so required would establish the existence of the adverse claim.(b) Having knowledge that a financial asset or interest therein is or has been transferred by a representative imposes no duty of inquiry into the rightfulness of a transaction and is not notice of an adverse claim. However, a person who knows that a representative has transferred a financial asset or interest therein in a transaction that is, or whose proceeds are being used, for the individual benefit of the representative or otherwise in breach of duty has notice of an adverse claim.(c) An act or event that creates a right to immediate performance of the principal obligation represented by a security certificate or sets a date on or after which the certificate is to be presented or surrendered for redemption or exchange does not itself constitute notice of an adverse claim except in the case of a transfer more than:(1) One year after a date set for presentment or surrender for redemption or exchange; or(2) Six months after a date set for payment of money against presentation or surrender of the certificate, if money was available for payment on that date.(d) A purchaser of a certificated security has notice of an adverse claim if the security certificate:(1) Whether in bearer or registered form, has been indorsed "for collection" or "for surrender" or for some other purpose not involving transfer; or(2) Is in bearer form and has on it an unambiguous statement that it is the property of a person other than the transferor, but the mere writing of a name on the certificate is not such a statement.(e) Filing of a financing statement under article nine is not notice of an adverse claim to a financial asset.
WV Code § 46-8-106 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 8. Investment Securities|§46-8-106. Control

(a) A purchaser has "control" of a certificated security in bearer form if the certificated security is delivered to the purchaser.(b) A purchaser has "control" of a certificated security in registered form if the certificated security is delivered to the purchaser and:(1) The certificate is indorsed to the purchaser or in blank by an effective indorsement;(2) The certificate is registered in the name of the purchaser, upon original issue or registration of transfer by the issuer; or(3) Another person has control of the security entitlement on behalf of the purchaser or, having previously acquired control of the security entitlement, acknowledges that it has control on behalf of the purchaser.(c) A purchaser has "control" of an uncertificated security if:(1) The uncertificated security is delivered to the purchaser; or(2) The issuer has agreed that it will comply with instructions originated by the purchaser without further consent by the registered owner.(d) A purchaser has "control" of a security entitlement if:(1) The purchaser becomes the entitlement holder; or(2) The securities intermediary has agreed that it will comply with entitlement orders originated by the purchaser without further consent by the entitlement holder.(e) If an interest in a security entitlement is granted by the entitlement holder to the entitlement holder's own securities intermediary, the securities intermediary has control.(f) A purchaser who has satisfied the requirements of subdivision (2), subsection (c) of this section or subdivision (2), subsection (d) of this section has control even if the registered owner in the case of subdivision (2), subsection (c) of this section, subsection (c) of this section or the entitlement holder in the case of subdivision (2), subsection (d) of this section retains the right to make substitutions for the uncertificated security or security entitlement, to originate instructions or entitlement orders to the issuer or securities intermediary, or otherwise to deal with the uncertificated security or security entitlement.(g) An issuer or a securities intermediary may not enter into an agreement of the kind described in subdivision (2), subsection (c) of this section or subdivision (2), subsection (d) of this section without the consent of the registered owner or entitlement holder, but an issuer or a securities intermediary is not required to enter into such an agreement even though the registered owner or entitlement holder so directs. An issuer or securities intermediary that has entered into such an agreement is not required to confirm the existence of the agreement to another party unless requested to do so by the registered owner or entitlement holder.
WV Code § 46-8-107 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 8. Investment Securities|§46-8-107. Whether Indorsement, Instruction or Entitlement Order Is Effective

(a) "Appropriate person" means:(1) With respect to an indorsement, the person specified by a security certificate or by an effective special indorsement to be entitled to the security;(2) With respect to an instruction, the registered owner of an uncertificated security;(3) With respect to an entitlement order, the entitlement holder;(4) If the person designated in subdivision (1), (2) or (3) of this subsection is deceased, the designated person's successor taking under other law or the designated person's personal representative acting for the estate of the decedent; or(5) If the person designated in subdivision (1), (2) or (3) of this subsection lacks capacity, the designated person's guardian, conservator or other similar representative who has power under other law to transfer the security or financial asset.(b) An indorsement, instruction or entitlement order is effective if:(1) It is made by the appropriate person;(2) It is made by a person who has power under the law of agency to transfer the security or financial asset on behalf of the appropriate person, including, in the case of an instruction or entitlement order, a person who has control under section 8-106(c)(2) or (d)(2); or(3) The appropriate person has ratified it or is otherwise precluded from asserting its ineffectiveness.(c) An indorsement, instruction or entitlement order made by a representative is effective even if:(1) The representative has failed to comply with a controlling instrument or with the law of the state having jurisdiction of the representative relationship, including any law requiring the representative to obtain court approval of the transaction; or(2) The representative's action in making the indorsement, instruction or entitlement order or using the proceeds of the transaction is otherwise a breach of duty.(d) If a security is registered in the name of or specially indorsed to a person described as a representative, or if a securities account is maintained in the name of a person described as a representative, an indorsement, instruction or entitlement order made by the person is effective even though the person is no longer serving in the described capacity.(e) Effectiveness of an indorsement, instruction or entitlement order is determined as of the date the indorsement, instruction or entitlement order is made, and an indorsement, instruction or entitlement order does not become ineffective by reason of any later change of circumstances.
WV Code § 46-8-109 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 8. Investment Securities|§46-8-109. Warranties in Indirect Holding

(a) A person who originates an entitlement order to a securities intermediary warrants to the securities intermediary that:(1) The entitlement order is made by an appropriate person, or if the entitlement order is by an agent, the agent has actual authority to act on behalf of the appropriate person; and(2) There is no adverse claim to the security entitlement.(b) A person who delivers a security certificate to a securities intermediary for credit to a securities account or originates an instruction with respect to an uncertificated security directing that the uncertificated security be credited to a securities account makes to the securities intermediary the warranties specified in section 8-108(a) or (b).(c) If a securities intermediary delivers a security certificate to its entitlement holder or causes its entitlement holder to be registered as the owner of an uncertificated security, the securities intermediary makes to the entitlement holder the warranties specified in section 8-108(a) or (b).
WV Code § 46-8-111 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 8. Investment Securities|§46-8-111. Clearing Corporation Rules

A rule adopted by a clearing corporation governing rights and obligations among the clearing corporation and its participants in the clearing corporation is effective even if the rule conflicts with this and affects another party who does not consent to the rule.
WV Code § 46-8-112 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 8. Investment Securities|§46-8-112. Creditor's Legal Process

(a) The interest of a debtor in a certificated security may be reached by a creditor only by actual seizure of the security certificate by the officer making the attachment or levy, except as otherwise provided in subsection (d) of this section. However, a certificated security for which the certificate has been surrendered to the issuer may be reached by a creditor by legal process upon the issuer.(b) The interest of a debtor in an uncertificated security may be reached by a creditor only by legal process upon the issuer at its chief executive office in the United States, except as otherwise provided in subsection (d) of this section.(c) The interest of a debtor in a security entitlement may be reached by a creditor only by legal process upon the securities intermediary with whom the debtor's securities account is maintained, except as otherwise provided in subsection (d) of this section.(d) The interest of a debtor in a certificated security for which the certificate is in the possession of a secured party, or in an uncertificated security registered in the name of a secured party, or a security entitlement maintained in the name of a secured party, may be reached by a creditor by legal process upon the secured party.(e) A creditor whose debtor is the owner of a certificated security, uncertificated security or security entitlement is entitled to aid from a court of competent jurisdiction, by injunction or otherwise, in reaching the certificated security, uncertificated security or security entitlement or in satisfying the claim by means allowed at law or in equity in regard to property that cannot readily be reached by other legal process.
WV Code § 46-8-113 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 8. Investment Securities|§46-8-113. Statute of Frauds Inapplicable

A contract or modification of a contract for the sale or purchase of a security is enforceable whether or not there is a writing signed or record authenticated by a party against whom enforcement is sought, even if the contract or modification is not capable of performance within one year of its making.
WV Code § 46-8-114 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 8. Investment Securities|§46-8-114. Evidentiary Rules Concerning Certificated Securities

The following rules apply in an action on a certificated security against the issuer:(1) Unless specifically denied in the pleadings, each signature on a security certificate or in a necessary indorsement is admitted.(2) If the effectiveness of a signature is put in issue, the burden of establishing effectiveness is on the party claiming under the signature, but the signature is presumed to be genuine or authorized.(3) If signatures on a security certificate are admitted or established, production of the certificate entitles a holder to recover on it unless the defendant establishes a defense or a defect going to the validity of the security.(4) If it is shown that a defense or defect exists, the plaintiff has the burden of establishing that the plaintiff or some person under whom the plaintiff claims is a person against whom the defense or defect cannot be asserted.
WV Code § 46-8-115 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 8. Investment Securities|§46-8-115. Securities Intermediary and Others Not Liable to Adverse Claimant

A securities intermediary that has transferred a financial asset pursuant to an effective entitlement order, or a broker or other agent or bailee that has dealt with a financial asset at the direction of its customer or principal, is not liable to a person having an adverse claim to the financial asset, unless the securities intermediary or broker or other agent or bailee:(1) Took the action after it had been served with an injunction, restraining order or other legal process enjoining it from doing so, issued by a court of competent jurisdiction, and had a reasonable opportunity to act on the injunction, restraining order or other legal process; or(2) Acted in collusion with the wrongdoer in violating the rights of the adverse claimant; or(3) In the case of a security certificate that has been stolen, acted with notice of the adverse claim.
WV Code § 46-8-116 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 8. Investment Securities|§46-8-116. Securities Intermediary as Purchaser for Value

A securities intermediary that receives a financial asset and establishes a security entitlement to the financial asset in favor of an entitlement holder is a purchaser for value of the financial asset. A securities intermediary that acquires a security entitlement to a financial asset from another securities intermediary acquires the security entitlement for value if the securities intermediary acquiring the security entitlement establishes a security entitlement to the financial asset in favor of an entitlement holder.
WV Code § 46-8-201 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 8. Investment Securities|§46-8-201. Issuer

§46-8-201. Issuer.(a) With respect to an obligation on or a defense to a security, an "issuer" includes a person that:(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; or(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.
WV Code § 46-8-202 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 8. Investment Securities|§46-8-202. Issuer's Responsibility and Defenses; Notice of Defect or Defense

(a) Even against a purchaser for value and without notice, the terms of a certificated security include terms stated on the certificate and terms made part of the security by reference on the certificate to another instrument, indenture, or document or to a Constitution, statute, ordinance, rule, regulation, order or the like, to the extent the terms referred to do not conflict with terms stated on the certificate. A reference under this subsection does not of itself charge a purchaser for value with notice of a defect going to the validity of the security, even if the certificate expressly states that a person accepting it admits notice. The terms of an uncertificated security include those stated in any instrument, indenture, or document or in a Constitution, statute, ordinance, rule, regulation, order or the like, pursuant to which the security is issued.(b) The following rules apply if an issuer asserts that a security is not valid:(1) A security other than one issued by a government or governmental subdivision, agency or instrumentality, even though issued with a defect going to its validity, is valid in the hands of a purchaser for value and without notice of the particular defect unless the defect involves a violation of a Constitutional provision. In that case, the security is valid in the hands of a purchaser for value and without notice of the defect, other than one who takes by original issue.(2) Subdivision (1) of this subsection applies to an issuer that is a government or governmental subdivision, agency, or instrumentality only if there has been substantial compliance with the legal requirements governing the issue or the issuer has received a substantial consideration for the issue as a whole or for the particular security and a stated purpose of the issue is one for which the issuer has power to borrow money or issue the security.(c) Except as otherwise provided in section 8-205, lack of genuineness of a certificated security is a complete defense, even against a purchaser for value and without notice.(d) All other defenses of the issuer of a security, including nondelivery and conditional delivery of a certificated security, are ineffective against a purchaser for value who has taken the certificated security without notice of the particular defense.(e) This section does not affect the right of a party to cancel a contract for a security "when, as and if issued" or "when distributed" in the event of a material change in the character of the security that is the subject of the contract or in the plan or arrangement pursuant to which the security is to be issued or distributed.(f) If a security is held by a securities intermediary against whom an entitlement holder has a security entitlement with respect to the security, the issuer may not assert any defense that the issuer could not assert if the entitlement holder held the security directly.