Kentucky Revised Statutes

Ky. Rev. Stat. § 355.8-104 (2026)

Acquisition of security or financial asset or interest therein

✓ current as of May 2026
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(1) A person acquires a security or an interest therein, under this article, if:

(a) The person is a purchaser to whom a security is delivered pursuant to KRS 355.8-301; or

(b) The person acquires a security entitlement to the security pursuant to KRS 355.8-501.

(2) 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.

(3) A person who acquires a security entitlement to a security or other financial asset has the rights specified in Part 5 of this article, but is a purchaser of any security, security entitlement, or other financial asset held by the securities intermediary only to the extent provided in KRS 355.8-503.

(4) 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 (1) or (2) of this section. Effective: January 1, 1997 History: Repealed and reenacted 1996 Ky. Acts ch. 130, sec. 117, effective January 1, 1997. -- Amended 1986 Ky. Acts ch. 118, sec. 12, effective July 1, 1987. -- Created 1958 Ky. Acts ch. 77, sec. 8-104, effective July 1, 1960.

Notes of Decisions
Cited in 1 case, 2002–2002 · leading case: Intercargo Ins. Co. v. B.W. Farrell, Inc., 89 S.W.3d 422 (Ky. Ct. App. 2002).
Intercargo Ins. Co. v. B.W. Farrell, Inc., 89 S.W.3d 422 (Ky. Ct. App. 2002). “” KRS 355.8-104(1). The legislature crafted the statute in order to protect persons or entities who guarantee the extension of credit to third parties in those situations where the instrument of credit (the guaranty) may not be a negotiable instrument per se but shares features…”
— Ky. Rev. Stat. § 355.8-104(1) — 1 case
Intercargo Ins. Co. v. B.W. Farrell, Inc., 89 S.W.3d 422 (Ky. Ct. App. 2002). “” KRS 355.8-104(1). The legislature crafted the statute in order to protect persons or entities who guarantee the extension of credit to third parties in those situations where the instrument of credit (the guaranty) may not be a negotiable instrument per se but shares features…”
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