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8-21A-2
Section 8-21A-2 Definitions. As used in this chapter, the following terms shall have the ascribed
meanings unless the context indicates a different meaning: (1) CONTINUING COMMERCIAL RELATIONSHIP.
Any relationship in which the equipment dealer has been granted the right to sell and/or service
equipment manufactured by the supplier. (2) COST or NET COST. The actual price paid by the
dealer to the manufacturer, distributor, or wholesaler, plus freight costs paid by or charged
to the dealer. (3) CURRENT NET PRICE. The dealer's price as listed in the supplier's effective
price list and/or catalog. (4) DEALER CONTRACT, DEALER AGREEMENT, or FRANCHISE. An agreement
or contract, expressed or implied, oral or written, by and between a supplier and a dealer
by which the dealer is granted the right to purchase, sell, distribute, and/or service the
supplier's equipment, and in which there is a community of interest in the marketing of farm
tractors, lawn and garden equipment, light industrial...
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10A-8A-1.10
Section 10A-8A-1.10 Partnership agreement; Effect on third parties and relationship to writings
effective on behalf of partnership. (a) If a partnership agreement provides for the manner
in which it may be amended, including by requiring the approval of a person who is not a party
to the partnership agreement or the satisfaction of conditions, it may be amended only in
that manner or as otherwise permitted by law, except that the approval of any person may be
waived by that person and any conditions may be waived by all persons for whose benefit those
conditions were intended. (b) A partnership agreement may provide rights to any person, including
a person who is not a party to the partnership agreement, to the extent set forth in the partnership
agreement. (c) The obligations of a partnership and its partners to a person in the person's
capacity as a transferee or dissociated partner are governed by the partnership agreement.
A transferee and a dissociated partner are bound by the...
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8-21B-3
Section 8-21B-3 Definitions. The following words shall have the following meanings: (1) DEALER.
A person, corporation, partnership, or other business entity primarily engaged in the business
of retail sales or leasing of heavy equipment and heavy equipment parts and who has an established
place of business in this state. If a dealer's retail sales volume of heavy equipment and
heavy equipment parts purchased from a single supplier is greater than 70 percent of such
dealer's total retail sales volume of heavy equipment and heavy equipment parts during the
12-month period immediately prior to May 22, 2009, or the term of any dealer agreement entered
into between the supplier and such dealer after May 22, 2009, then the dealer and such supplier
shall not be subject to this chapter with respect to the dealer agreement and transactions
between them, but the dealer shall otherwise be subject to this chapter with respect to dealer
agreements and transactions with other suppliers. (2) DEALER...
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10A-9A-1.10
Section 10A-9A-1.10 Partnership agreement; effect on third parties and relationship to writings
effective on behalf of limited partnership. (a) If a partnership agreement provides for the
manner in which it may be amended, including by requiring the approval of a person who is
not a party to the partnership agreement or the satisfaction of conditions, it may be amended
only in that manner or as otherwise permitted by law, except that the approval of any person
may be waived by that person and any conditions may be waived by all persons for whose benefit
those conditions were intended. (b) A partnership agreement may provide rights to any person,
including a person who is not a party to the partnership agreement, to the extent set forth
in the partnership agreement. (c) The obligations of a limited partnership and its partners
to a person in the person's capacity as a transferee or dissociated partner are governed by
the partnership agreement. A transferee and a dissociated partner are...
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10A-8A-8.02
Section 10A-8A-8.02 Effect of dissolution. Notwithstanding Section 10A-1-9.12: (a) A dissolved
partnership continues its existence as a partnership but may not carry on any business or
not for profit activity except as is appropriate to wind up and liquidate its business or
not for profit activity, including: (1) collecting its assets; (2) disposing of its properties
that will not be distributed in kind to persons owning transferable interests; (3) discharging
or making provisions for discharging its liabilities; (4) distributing its remaining property
in accordance with Section 10A-8A-8.09; and (5) doing every other act necessary to wind up
and liquidate its business or not for profit activity. (b) In winding up its business or not
for profit activity, a partnership may: (1) deliver to the Secretary of State for filing a
statement of dissolution setting forth: (A) The name of the partnership; (B) If the partnership
has filed a statement of partnership, a statement of not for profit...
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11-49-1
Section 11-49-1 Consent to use public streets, etc., for construction or operation of public
utility or private enterprise; fees. (a) No person, firm, association, or corporation shall
be authorized to use the streets, avenues, alleys, and other public places of cities or towns
for the construction or operation of any public utility or private enterprise without first
obtaining the consent of the proper authorities of the city or town. (b) No electric supplier,
as defined in Section 37-14-31(1), which has an assigned service territory established by
general law enacted by the Legislature and which is subject to payment of a privilege or license
tax or other tax or fee established by general law enacted by the Legislature to a city or
town which authorizes a levy not to exceed three percent of the gross receipts of the business
done by the electric supplier in the municipality during the preceding year, and which authorizes
a levy not to exceed one and one-half percent of the gross...
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35-8A-402
Section 35-8A-402 Liability for offering statement requirements. (a) Except as provided in
subsection (b), a declarant, prior to the offering of any interest in a unit to the public,
shall prepare an offering statement conforming to the requirements of Sections 35-8A-403 through
35-8A-406. (b) A declarant may transfer responsibility for preparation of all or a part of
the offering statement to a successor declarant specified in Section 35-8A-304 or to a person
in the business of selling real estate who intends to offer units in the condominium for the
offeror's own account. In the event of any such transfer, the transferor shall provide the
transferee with any information necessary to enable the transferee to fulfill the requirements
of subsection (a). (c) Any declarant or other person in the business of selling real estate
who offers to a purchaser a unit for the offeror's own account to whom such responsibility
for preparation and delivery of an offering statement has been...
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7-7-504
Section 7-7-504 Rights acquired in absence of due negotiation; effect of diversion; stoppage
of delivery. (a) A transferee of a document of title, whether negotiable or nonnegotiable,
to which the document has been delivered but not duly negotiated, acquires the title and rights
that its transferor had or had actual authority to convey. (b) In the case of a transfer of
a nonnegotiable document of title, until but not after the bailee receives notice of the transfer,
the rights of the transferee may be defeated: (1) By those creditors of the transferor which
could treat the transfer as void under Section 7-2-402 or 7-2A-308; (2) By a buyer from the
transferor in ordinary course of business if the bailee has delivered the goods to the buyer
or received notification of the buyer's rights; (3) By a lessee from the transferor in ordinary
course of business if the bailee has delivered the goods to the lessee or received notification
of the lessee's rights; or (4) As against the bailee, by...
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10A-2-14.05
Section 10A-2-14.05 Effect of dissolution. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94
EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) A dissolved corporation
continues its corporate existence but may not carry on any business except that appropriate
to wind up and liquidate its business and affairs, including: (1) Collecting its assets; (2)
Disposing of its properties that will not be distributed in kind to its shareholders; (3)
Discharging or making provision for discharging its liabilities; (4) Distributing its remaining
property among its shareholders according to their interests; and (5) Doing every other act
necessary to wind up and liquidate its business and affairs. (b) Dissolution of a corporation
does not: (1) Alter the limited liability status of its subscribers and shareholders under
Section 10A-2-6.22, except as provided in Section 10A-1-9.22(d)(2) with respect to assets
distributed to a shareholder in liquidation; (2) Transfer title to...
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10A-2-7.32
Section 10A-2-7.32 Shareholder agreements. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94
EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) An agreement among
the shareholders of a corporation that complies with this section is effective among the shareholders
and the corporation even though it is inconsistent with one or more provisions of this chapter
in that it: (1) Eliminates the authority of the board of directors or restricts the discretion
or powers of the board of directors; (2) Governs the authorization or making of distributions
whether or not in proportion to ownership of shares, subject to the limitations in Section
10A-2-6.40; (3) Establishes who shall be directors or officers of the corporation, or their
terms of office or manner of selection or removal; (4) Governs, in general or in regard to
specific matters, the exercise or division of voting power by or between the shareholders
and directors or by or among any of them, including use of...
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