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7-5-113
Section 7-5-113 Transfer by operation of law. (a) A successor of a beneficiary may consent
to amendments, sign and present documents, and receive payment or other items of value in
the name of the beneficiary without disclosing its status as a successor. (b) A successor
of a beneficiary may consent to amendments, sign and present documents, and receive payment
or other items of value in its own name as the disclosed successor of the beneficiary. Except
as otherwise provided in subsection (e), an issuer shall recognize a disclosed successor of
a beneficiary as beneficiary in full substitution for its predecessor upon compliance with
the requirements for recognition by the issuer of a transfer of drawing rights by operation
of law under the standard practice referred to in Section 7-5-108(e) or, in the absence of
such a practice, compliance with other reasonable procedures sufficient to protect the issuer.
(c) An issuer is not obliged to determine whether a purported successor is a...
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40-10-164
Section 40-10-164 Recovery from municipalities, etc. In case of the payment of money under
mistake of law or fact upon any illegal tax assessment made under color of any law, special
or general, of the state, or by any of its political subdivisions, authorizing the assessment
or collection of taxes for any purpose whatever, whether for any municipality, for the payment
of the creditors of any municipality, for schools, or otherwise, except the laws relating
to taxes to be paid to the state or to the general funds of the counties, respectively, the
same shall be recoverable by appropriate proceedings against the proper parties or their successors,
with the usual rights of appeal, and that such payment was not made under compulsion or protest
shall be immaterial. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, ยง332.)...
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7-2A-303
Section 7-2A-303 Alienability of interests, transfer of rights, etc. (1) As used in this section,
"creation of a security interest" includes the sale of a lease contract that is
subject to Article 9A, Secured Transactions, by reason of Section 7-9A-109(a)(3). (2) Except
as provided in subsection (3) and Section 7-9A-407, a provision in a lease agreement which
(i) prohibits the voluntary or involuntary transfer, including a transfer by sale, sublease,
creation, or enforcement of a security interest, or attachment, levy, or other judicial process,
of an interest of a party under the lease contract or of the lessor's residual interest in
the goods, or (ii) makes such a transfer an event of default, gives rise to the rights and
remedies provided in subsection (4), but a transfer that is prohibited or is an event of default
under the lease agreement is otherwise effective. (3) A provision in a lease agreement which
(i) prohibits a transfer of a right to damages for default with respect to...
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7-5-102
Section 7-5-102 Definitions. (a) In this article: (1) "Adviser" means a person who,
at the request of the issuer, a confirmer, or another adviser, notifies, or requests another
adviser to notify, the beneficiary that a letter of credit has been issued, confirmed, or
amended. (2) "Applicant" means a person at whose request or for whose account a
letter of credit is issued. The term includes a person who requests an issuer to issue a letter
of credit on behalf of another if the person making the request undertakes an obligation to
reimburse the issuer. (3) "Beneficiary" means a person who under the terms of a
letter of credit is entitled to have its complying presentation honored. The term includes
a person to whom drawing rights have been transferred under a transferable letter of credit.
(4) "Confirmer" means a nominated person who undertakes, at the request or with
the consent of the issuer, to honor a presentation under a letter of credit issued by another.
(5) "Dishonor" of a letter...
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7-9A-309
Section 7-9A-309 Security interest perfected upon attachment. The following security interests
are perfected when they attach: (1) a purchase-money security interest in consumer goods,
except as otherwise provided in Section 7-9A-311(b) with respect to consumer goods that are
subject to a statute or treaty described in Section 7-9A-311(a); (2) an assignment of accounts
or payment intangibles which does not by itself or in conjunction with other assignments to
the same assignee transfer a significant part of the assignor's outstanding accounts or payment
intangibles; (3) a sale of a payment intangible; (4) a sale of a promissory note; (5) a security
interest created by the assignment of a health-care-insurance receivable to the provider of
the health-care goods or services; (6) a security interest arising under Section 7-2-401,
7-2-505, 7-2-711(3), or 7-2A-508(5), until the debtor obtains possession of the collateral;
(7) a security interest of a collecting bank arising under Section...
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7-9A-601
Section 7-9A-601 Rights after default; judicial enforcement; consignor or buyer of accounts,
chattel paper, payment intangibles, or promissory notes. (a) Rights of secured party after
default. After default, a secured party has the rights provided in this part and, except as
otherwise provided in Section 7-9A-602, those provided by agreement of the parties. A secured
party: (1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security
interest, or agricultural lien by any available judicial procedure; and (2) if the collateral
is documents, may proceed either as to the documents or as to the goods they cover. (b) Rights
and duties of secured party in possession or control. A secured party in possession of collateral
or control of collateral under Section 7-7-106, 7-9A-104, 7-9A-105, 7-9A-106, or 7-9A-107
has the rights and duties provided in Section 7-9A-207. (c) Rights cumulative; simultaneous
exercise. The rights under subsections (a) and (b) are cumulative...
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8-7A-2
Section 8-7A-2 Definitions. For purposes of this chapter, the following terms shall have the
following meanings: (1) AGENT or AUTHORIZED DELEGATE. Any person designated or employed by
a licensee under this chapter to provide monetary transmission services on behalf of the licensee.
(2) APPLICANT. Any person that files an application for a license under this chapter. (3)
BANK. An institution organized under federal or state law which meets any of the following
requirements: a. Accepts demand deposits or deposits that the depositor may use for payment
to third parties and engages in the business of making loans. b. Engages in credit card operations
and maintains only one office that accepts deposits, does not accept demand deposits or deposits
that a depositor may use for payments to third parties, does not accept a savings or time
deposit less than one hundred thousand dollars ($100,000), and does not engage in the business
of making commercial loans. c. Is a trust company subject to...
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10A-2-13.24
Section 10A-2-13.24 Share restriction. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94
EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Within 20 days
after making a formal payment demand, each shareholder demanding payment shall submit the
certificate or certificates representing his or her shares to the corporation for (1) notation
thereon by the corporation that the demand has been made and (2) return to the shareholder
by the corporation. (b) The failure to submit his or her shares for notation shall, at the
option of the corporation, terminate the shareholders' rights under this article unless a
court of competent jurisdiction, for good and sufficient cause, shall otherwise direct. (c)
If shares represented by a certificate on which notation has been made shall be transferred,
each new certificate issued therefor shall bear similar notation, together with the name of
the original dissenting holder of the shares. (d) A transferee of the shares shall...
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11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After a municipal
code lien has been recorded with the office of the probate judge of the county in which the
real property lies, the Class 2 municipality may identify those properties on which to commence
a judicial in rem foreclosure in accordance with this article, except that those properties
the Class 2 municipality identifies as owner occupied shall not be subject to judicial in
rem foreclosure under this article. The Class 2 municipality shall not file a petition for
judicial in rem foreclosure in accordance with this article for a period of six months following
the date upon which the municipal code lien is recorded in the office of the probate judge.
A petition for judicial in rem foreclosure may include any other municipal code lien that
has been filed prior to the date the petition is filed. After enforcement proceedings have
commenced in accordance with this article, the enforcement proceedings...
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11-91A-6
Section 11-91A-6 Property rights and contractual obligations of board; costs of software and
property; assignment of contracts. (a) Except as otherwise provided in this chapter, the SEIB
shall provide for the administration of the program as provided in Chapter 29 of Title 36,
until the transfer of the governance and administration of the program takes place as provided
herein. Effective at 12:01 a.m. on January 1, 2015, all property rights and contractual obligations
of the SEIB related to the administration and governance of the program shall be transferred
to the board. The SEIB and its employees shall fully cooperate with the board in the transfer
of the governance and administration of the program both prior to and after January 1, 2015,
including, but not limited to, providing the board with all the software necessary to properly
administer the program beginning on January 1, 2015. Additionally, in order to affect an orderly
transfer, the administrator of the SEIB shall serve as...
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