Also known as:intangible assets · intangibles · intangible property
Written by attorneys · grounded in primary & secondary sources — see below
An item of property lacking physical form that nonetheless holds economic value and is capable of ownership or transfer.
Sources & Authorities
How it applies
Common Examples
6
Board Issues Shares for Services
Infinity Bank’s board authorizes issuance of shares to Ian Iverson in exchange for his commitment to provide promotional services and a client list. The board determines the intangible benefits constitute adequate consideration. Iverson receives fully paid shares once the services begin.
Filing Perfects Interest in Receivables
Ivy Investments obtains a security interest in India Inoue’s commission receivables classified as payment intangibles. Ivy files a financing statement describing the collateral. The filing perfects the interest against third parties.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Dictionaries
Ideal Solutions takes a security interest in Idris Ives’s deposit account. Ideal obtains control by entering a control agreement with the bank. The interest is perfected by control under the statute.
Perfection Ends When Control Lapses
Integrity Partners holds a security interest in Ismael Ibrahim’s letter-of-credit rights. Integrity obtains control through an agreement with the issuer. When the agreement terminates and control ends, the security interest becomes unperfected.
Confidentiality Right Treated as Property
A newspaper employee discloses prepublication information belonging to the employer. The employer claims the information constitutes an intangible property interest. The court recognizes the interest as property for purposes of the fraud statute.
Carpenter v. United States484 U.S. 19 (1987)
Tax on Intangible Receipts Upheld
A state imposes a tax measured by receipts from intangible assets used in interstate commerce. The taxpayer challenges the levy as an undue burden. The court sustains the tax because it fairly apportions the intangible value to the taxing state.
Complete Auto Transit, Inc. v. Brady430 U.S. 274 (1977)
Common questions
Frequently Asked
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Can intangible assets serve as consideration for the issuance of corporate shares?+
Yes. The board may authorize shares in exchange for any intangible property or benefit to the corporation, including services performed or contracts for future services.
Supporting sources
How is a security interest in payment intangibles perfected?+
A security interest in payment intangibles may be perfected by filing a financing statement that reasonably identifies the collateral.
Supporting sources
When is a security interest in a deposit account perfected by control?+
The interest is perfected when the secured party obtains control and remains perfected only while control continues.
Supporting sources
Are loyalty points and stock options capable of serving as trust property?+
Yes. Any transferable or ownable interest, whether present or future, constitutes property that can fund a trust.
Supporting sources
433 U.S. 186 (1977)Conflict of Laws
…within its borders, regardless of the residence or presence of the owner. That jurisdiction extends alike to tangible and to intangible property. Indebtedness due from a resident to a non-resident—of which bank deposits are an example—is property within the State. Chicago, Rock Island & Pacific Ry. Co. v. Sturm , 174 U. S. 710.…