NH Rev Stat § 382-A:8-102 (2021)
2021 New Hampshire Revised Statutes|Title XXXIV-A - Uniform Commercial Code|Title 382-A - Uniform Commercial Code|Section 382-A:8-102 - Definitions.

    382-A:8-102 Definitions. –||(a) In this Article:||(1) "Adverse claim" means a claim that a claimant has a property interest in a financial asset and that it is a violation of the rights of the claimant for another person to hold, transfer, or deal with the financial asset.||(2) "Bearer form," as applied to a certificated security, means a form in which the security is payable to the bearer of the security certificate according to its terms but not by reason of an indorsement.||(3) "Broker" means a person defined as a broker or dealer under the federal securities laws, but without excluding a bank acting in that capacity.||(4) "Certificated security" means a security that is represented by a certificate.||(5) "Clearing corporation" means:||(i) a person that is registered as a "clearing agency" under the federal securities laws;||(ii) a federal reserve bank; or||(iii) any other person that provides clearance or settlement services with respect to financial assets that would require it to register as a clearing agency under the federal securities laws but for an exclusion or exemption from the registration requirement, if its activities as a clearing corporation, including promulgation of rules, are subject to regulation by a federal or state governmental authority.||(6) "Communicate" means to:||(i) send a signed writing; or||(ii) transmit information by any mechanism agreed upon by the persons transmitting and receiving the information.||(7) "Entitlement holder" means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of Section 8-501(b)(2) or (3), that person is the entitlement holder.||(8) "Entitlement order" means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement.||(9) "Financial asset," except as otherwise provided in Section 8-103, means:||(i) a security;||(ii) an obligation of a person or a share, participation, or other interest in a person or in property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment; or||(iii) any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this Article.||As context requires, the term means either the interest itself or the means by which a person's claim to it is evidenced, including a certificated or uncertificated security, a security certificate, or a security entitlement.||(10) [Repealed.]||(11) "Indorsement" means a signature that alone or accompanied by other words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring, or redeeming the security or granting a power to assign, transfer, or redeem it.||(12) "Instruction" means a notification communicated to the issuer of an uncertificated security which directs that the transfer of the security be registered or that the security be redeemed.||(13) "Registered form," as applied to a certificated security, means a form in which:||(i) the security certificate specifies a person entitled to the security; and||(ii) a transfer of the security may be registered upon books maintained for that purpose by or on behalf of the issuer, or the security certificate so states.||(14) "Securities intermediary" means:||(i) a clearing corporation; or||(ii) a person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity.||(15) "Security," except as otherwise provided in Section 8-103, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer:||(i) which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer;||(ii) which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations; and||(iii) which:||(A) is, or is of a type, dealt in or traded on securities exchanges or securities markets; or||(B) is a medium for investment and by its terms expressly provides that it is a security governed by this Article.||(16) "Security certificate" means a certificate representing a security.||(17) "Security entitlement" means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5.||(18) "Uncertificated security" means a security that is not represented by a certificate.||(b) Other definitions applying to this Article and the sections in which they appear are:||Appropriate person Section 8-107|Control Section 8-106|Delivery Section 8-301|Investment company security Section 8-103|Issuer Section 8-201|Overissue Section 8-210|Protected purchaser Section 8-303|Securities account Section 8-501| |||(c) In addition, Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.||(d) The characterization of a person, business, or transaction for purposes of this Article does not determine the characterization of the person, business, or transaction for purposes of any other law, regulation, or rule.|||Source. 1998, 326:1, eff. Jan. 1, 1999. 2006, 169:16, VI, eff. Jan. 1, 2007.|