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HomeCommercial CodeDiv. 8Ch. 1§ 8113 Security Contract Enforceability

§ 8113 Security Contract Enforceability

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 8113 Security Contract Enforceability

Key Takeaways

  • •You can buy or sell stocks or investments with just a spoken agreement—no need for a signed paper.
  • •Even if the deal takes more than a year to finish, it’s still valid.
  • •The rule applies even if someone tries to back out later.

Example

You agree over the phone to buy 10 shares of a company from your friend, but you don’t sign anything.

The deal is still real, even without a signed paper, and your friend can’t say it doesn’t count just because you didn’t write it down.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 8113 Security Contract Enforceability

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. (Added by Stats. 1996, Ch. 497, Sec. 9. Effective January 1, 1997.)

Last verified: January 23, 2026

Key Terms

contractmodificationsale or purchase of a securityenforceablewriting signedrecord authenticated

Related Statutes

  • § 10106 Consumer Lease Forum Selection
  • § 2106 Definitions Sale Goods Contract
  • § 9109 Applicability Of Division
  • § 10101 Uniform Commercial Code Leases
  • § 10102 Hybrid Lease Application

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 8113.
View Official Source