8-2-9
Section 8-2-9 Setoff against principal's claim by person having claim against agent before
notice of agency. One who deals with an agent without knowing or having reason to believe
that the agent acts as such in the transaction may set off against any claim of the principal
arising out of the same all claims which he might have set off against the agent before notice
of the agency. (Code 1923, §9540; Code 1940, T. 9, §74.)...
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27-7-37
Section 27-7-37 Complaints against licensees; notice, hearing, and orders thereon. (a) The
department shall institute a proceeding against a licensee for the imposition of licensee
penalties by filing and serving a complaint as to the licensee, giving notice thereof to the
licensee and all insurers the licensee is licensed or appointed to represent. (b)(1) Any person
having an interest and feeling aggrieved may file a complaint with the commissioner against
any licensee seeking the imposition of licensee penalties against the licensee. The third-party
complaint shall be in writing and shall specify in reasonable detail the charge or charges
made, the truth of which shall be sworn to by the complainant or some other person who has
knowledge of the facts averred. (2) If, upon reviewing a third-party complaint, the commissioner
finds that the charges made therein constitute grounds for the imposition of licensee penalties
against the licensee, the commissioner shall forthwith notify the...
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10A-5A-1.03
Section 10A-5A-1.03 Knowledge; notice. (a) A person knows a fact when the person: (1) has actual
knowledge of it; or (2) is deemed to know it under law other than this chapter. (b) A person
has notice of a fact when the person: (1) knows of it; (2) receives notification of it; (3)
has reason to know the fact from all of the facts known to the person at the time in question;
or (4) is deemed to have notice of the fact under subsection (d). (c) A person notifies another
of a fact by taking steps reasonably required to inform the other person in ordinary course,
whether or not the other person knows the fact. (d) A person is deemed to have notice of a
limited liability company's: (1) matters included in the certificate of formation under Sections
10A-5A-2.01(a)(1), (a)(2), (a)(3), (a)(4) and, if applicable, (a)(5) upon filing; (2) dissolution,
90 days after a statement of dissolution under Section 10A-5A-7.02(b)(1) becomes effective;
(3) merger or conversion, 90 days after a statement of...
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10A-9A-6.07
Section 10A-9A-6.07 Liability to other persons of person dissociated as general partner. (a)
A person's dissociation as a general partner does not of itself discharge the person's liability
as a general partner for a debt, obligation, or liability of the limited partnership incurred
before dissociation. Except as otherwise provided in subsections (b) and (c), the person is
not liable for a limited partnership's debts, obligations, or liabilities incurred after dissociation.
(b) A person whose dissociation as a general partner resulted in a dissolution and winding
up of the limited partnership's activities and affairs is liable to the same extent as a general
partner under Section 10A-9A-4.04 on an obligation incurred by the limited partnership under
Section 10A-9A-8.04. (c) A person that has dissociated as a general partner but whose dissociation
did not result in a dissolution and winding up of the limited partnership's activities and
affairs is liable on a transaction entered into by...
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27-42-11
Section 27-42-11 Settlement and payment of claims; recovery. (a) Any person recovering under
this chapter shall be deemed to have assigned his or her rights under the policy to the association
to the extent of his or her recovery from the association. Every insured or claimant seeking
the protection of this chapter shall cooperate with the association to the same extent as
such person would have been required to cooperate with the insolvent insurer. The association
shall have no cause of action against the insured of the insolvent insurer for any sums it
has paid out except for those causes of action the insolvent insurer would have had if such
sums had been paid by the insolvent insurer and except as provided in subsections (d), (e),
(f), (g), and (h) below. In the case of an insolvent insurer operating on a plan with assessment
liability, payments of claims of the association may not operate to reduce the liability of
insureds to the receiver, liquidator, or statutory successor for...
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17-5-5
Section 17-5-5 Statement of organization; notice of termination or dissolution. (a) The treasurer
or designated filing agent of each political action committee which anticipates either receiving
contributions or making expenditures during the calendar year in an aggregate amount exceeding
one thousand dollars ($1,000) shall file with the Secretary of State or the judge of probate
as herein provided in Section 17-5-9, a statement of organization, within 10 days after its
organization or, if later within 10 days after the date on which it has information which
causes the committee to anticipate it will receive contributions or make expenditures in an
aggregate amount in excess of one thousand dollars ($1,000). (b) The statement of organization
shall include: (1) The name and complete address of the committee. (2) The identification
of affiliated or connected organizations, if any. (3) The purposes of the committee. (4) The
identification of the chair and treasurer. (5) The identification...
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7-3-305
Section 7-3-305 Defenses and claims in recoupment. (a) Except as stated in subsection (b),
the right to enforce the obligation of a party to pay an instrument is subject to the following:
(1) A defense of the obligor based on (i) infancy of the obligor to the extent it is a defense
to a simple contract, (ii) duress, lack of legal capacity, or illegality of the transaction
which, under other law, nullifies the obligation of the obligor, (iii) fraud that induced
the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn
of its character or its essential terms, or (iv) discharge of the obligor in insolvency proceedings;
(2) A defense of the obligor stated in another section of this article or a defense of the
obligor that would be available if the person entitled to enforce the instrument were enforcing
a right to payment under a simple contract; and (3) A claim in recoupment of the obligor against
the original payee of the instrument if the claim arose...
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10A-8A-6.02
Section 10A-8A-6.02 Partner's power to dissociate; wrongful dissociation. (a) A person has
the power to dissociate as a partner at any time, rightfully or wrongfully, by express will
pursuant to Section 10A-8A-6.01(1). (b) A person's dissociation is wrongful only if: (1) it
is in breach of an express provision of the partnership agreement; or (2) in the case of a
partnership for a definite term or particular undertaking, before the expiration of the term
or the completion of the undertaking if any of the following apply: (A) the person dissociates
as a partner by express will, unless the dissociation follows not later than 90 days after
another person's dissociation by death or otherwise under Section 10A-8A-6.01(6) through (10)
or wrongful dissociation under this subsection; (B) the person is expelled as a partner by
judicial order under Section 10A-8A-6.01(5); (C) the person is dissociated under Section 10A-8A-6.01(7);
or (D) in the case of a person that is not a trust other than a...
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40-29-22
Section 40-29-22 Lien for taxes - Validity and priority against certain persons. (a) Purchasers,
holders of security interests, mechanic's lienors, and judgment lien creditors. The lien imposed
by Section 40-29-20 shall not be valid as against any purchaser, holder of a security interest,
mechanic's lienor, or judgment lien creditor until notice thereof which meets the requirements
of subsection (f) has been filed by the Commissioner of Revenue or his delegate, and shall
not be perfected as against any purchaser, holder of a security interest, mechanic's lienor,
or judgment lien creditor until the date such notice is filed. (b) Protection for certain
interest even though notice filed. Even though notice of a lien imposed by Section 40-29-20
has been filed, such lien shall not be valid: (1) SECURITIES. With respect to a security (as
defined in subsection (g)(4)): a. As against a purchaser of such security who at the time
of purchase did not have actual notice or knowledge of the...
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8-6-77
Section 8-6-77 (Repealed effective January 1, 1997) Adverse claims. (a) A person asserting
a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment
by a fiduciary may give the corporation or transfer agent written notice of the claim. The
corporation or transfer agent is not put on notice unless the written notice identifies the
claimant, the registered owner, and the issue of which the security is a part, provides an
address for communications directed to the claimant, and is received before the transfer.
Nothing in this article relieves the corporation or transfer agent of any liability for making
or refusing to make the transfer after it is so put on notice, unless it proceeds in the manner
authorized in subsection (b) of this section. (b) As soon as practicable after the presentation
of a security for transfer pursuant to an assignment by a fiduciary, a corporation or transfer
agent which has received notice of a claim of beneficial interest...
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