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13A-9-3.1
Section 13A-9-3.1 Forgery in the third degree. (a) A person commits the crime of forgery in
the third degree if, with intent to defraud, he or she falsely makes, completes, or alters
a written instrument which is or purports to be, or which is calculated to become or to represent
if completed, an assignment or a check, draft, note, or other commercial instrument which
does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest,
obligation, or status. (b) Forgery in the third degree is a Class D felony. (Act 2015-185,
§6.)...
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13A-9-3
Section 13A-9-3 Forgery in the second degree. (a) A person commits the crime of forgery in
the second degree if, with intent to defraud, he or she falsely makes, completes or alters
a written instrument which is or purports to be, or which is calculated to become or to represent
if completed: (1) A deed, will, codicil, or contract which does or may evidence, create, transfer,
terminate or otherwise affect a legal right, interest, obligation or status; or (2) A public
record, or an instrument filed or required or authorized by law to be filed in a public office
or with a public employee; or (3) A written instrument officially issued or created by a public
office, public employees or government agency. (b) Forgery in the second degree is a Class
C felony. (Acts 1977, No. 607, p. 812, §4006; Acts 1979, No. 79-471, p. 862, §1; Act 2015-185,
§2.)...
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19-3A-102
chapter, the following terms are defined as follows: (1) ACCOUNTING PERIOD. A calendar year
unless another 12-month period is selected by a fiduciary. The term includes a portion of
a calendar year or other 12-month period that begins when an income interest begins or ends
when an income interest ends. (2) BENEFICIARY. Includes, in the case of a decedent's estate,
an heir, legatee, and devisee and, in the case of a trust, an income beneficiary and a remainder
beneficiary. (3) FIDUCIARY. A personal representative or a trustee. The term includes
an executor, administrator, successor personal representative, special administrator,
and a person performing substantially the same function. (4) INCOME. Money or property that
a fiduciary receives as current return from a principal asset. The term also includes a portion
of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided
in Article 4. (5) INCOME BENEFICIARY. A person to whom net income of a trust is...
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26-1A-119
Section 26-1A-119 Acceptance of and reliance upon acknowledged power of attorney. (a) For purposes
of this section and Section 26-1A-120, "acknowledged" means purportedly verified
before a notary public or other individual authorized to take acknowledgments and "reasonable
time" shall not be deemed to be less than seven business days. (b) A person that effects
a transaction in reliance upon an acknowledged power of attorney without actual knowledge
that the signature is not genuine may rely upon the presumption under Section 26-1A-105 that
the signature is genuine. (c) A person that effects a transaction in reliance upon an acknowledged
power of attorney without actual knowledge that the power of attorney is void, invalid, or
terminated, that the purported agent's authority is void, invalid, or terminated, or that
the agent is exceeding or improperly exercising the agent's authority is fully exonerated
from any liability for effecting the transaction in reliance upon the power of...
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26-1A-120
Section 26-1A-120 Liability for refusal to accept acknowledged power of attorney. (a) Except
as otherwise provided in subsection (b): (1) a person shall either effect a requested transaction
in reliance upon an acknowledged power of attorney or request a certification, a translation,
or an opinion of counsel under Section 26-1A-119(d) within a reasonable time after presentation
of the power of attorney and a request to effect the transaction; (2) if a person requests
a certification, a translation, or an opinion of counsel under Section 26-1A-119(d), the person
shall effect the transaction in reliance upon the power of attorney within a reasonable time
after receipt of the certification, translation, or opinion of counsel; and (3) a person may
not require an additional or different form of power of attorney for authority granted in
the power of attorney presented. (b) A person is not required to effect a transaction in reliance
upon an acknowledged power of attorney: (1) if the person...
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19-3D-2
Section 19-3D-2 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. DEFINITIONS. In this
chapter the following terms have the following meanings: (1) APPOINTIVE PROPERTY. The property
or property interest subject to a power of appointment. (2) ASCERTAINABLE STANDARD. A standard
relating to an individual's health, education, support, or maintenance within the meaning
of 26 U.S.C. Section 2041(b)(1)(A), as amended, or 26 U.S.C. Section 2514(c)(1), as amended,
and any applicable regulations. (3) AUTHORIZED FIDUCIARY. (A) A trustee or other fiduciary,
other than a settlor, that has the discretion to distribute or direct a trustee to distribute
part or all of the principal of the first trust to one or more current beneficiaries; (B)
a special fiduciary appointed under Section 19-3D-9; or (C) a special-needs fiduciary under
Section 19-3D-13. (4) BENEFICIARY. A person that: (A) has a present or...
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35-8A-319
Section 35-8A-319 Association as trustee. With respect to a third person dealing with the association
in the association's capacity as a trustee, the existence of trust powers and their proper
exercise by the association may be assumed without inquiry. A third person is not bound to
inquire whether the association has power to act as trustee or is properly exercising trust
powers. A third person, without actual knowledge that the association is exceeding or improperly
exercising its powers, is fully protected in dealing with the association as if it possessed
and properly exercised the powers it purports to exercise. A third person is not bound to
assure the proper application of trust assets paid or delivered to the association in its
capacity as trustee. (Acts 1990, No. 90-551, p. 858, §3-119.)...
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7-3-202
Section 7-3-202 Negotiation subject to rescission. (a) Negotiation is effective even if obtained
(i) from an infant, a corporation exceeding its powers, or a person without capacity, (ii)
by fraud, duress, or mistake, or (iii) in breach of duty or as part of an illegal transaction.
(b) To the extent permitted by other law, negotiation may be rescinded or may be subject to
other remedies, but those remedies may not be asserted against a subsequent holder in due
course or a person paying the instrument in good faith and without knowledge of facts that
are a basis for rescission or other remedy. (Acts 1995, No. 95-668, p. 1381, §1.)...
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7-3-416
Section 7-3-416 Transfer warranties. (a) A person who transfers an instrument for consideration
warrants to the transferee and, if the transfer is by indorsement, to any subsequent transferee
that: (1) The warrantor is a person entitled to enforce the instrument; (2) All signatures
on the instrument are authentic and authorized; (3) The instrument has not been altered; (4)
The instrument is not subject to a defense or claim in recoupment of any party which can be
asserted against the warrantor; and (5) The warrantor has no knowledge of any insolvency proceeding
commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the
drawer. (b) A person to whom the warranties under subsection (a) are made and who took the
instrument in good faith may recover from the warrantor as damages for breach of warranty
an amount equal to the loss suffered as a result of the breach, but not more than the amount
of the instrument plus expenses and loss of interest incurred as a...
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10A-1-4.01
Section 10A-1-4.01 Filing instrument requirements. (a) A filing instrument must: (1) be typewritten,
printed, or electronically transmitted. If a filing instrument is electronically transmitted,
the filing instrument shall be in a format that can be retrieved or reproduced in typewritten
or printed form. (2) be in the English language. A name may be in a language other than English
if written in English letters or Arabic or Roman numerals. A filing instrument not in English
shall be accompanied by an English translation reasonably authenticated to the satisfaction
of the filing officer. If a filing instrument is not in English but is accompanied by an English
translation authenticated to the satisfaction of the filing officer, then the filing instrument
and the English translation shall collectively be considered one filing instrument, however,
for all purposes of the laws of this state, the English translation shall govern. (3) be signed
by the person or persons required by this title...
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