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1-1-1
Section 1-1-1 Meaning of certain words and terms. The following words, whenever they appear
in this Code, shall have the signification attached to them in this section unless otherwise
apparent from the context: (1) PERSON. The word "person" includes a corporation
as well as a natural person. (2) WRITING. The word "writing" includes typewriting
and printing on paper. (3) OATH. The word "oath" includes affirmation. (4) SIGNATURE
or SUBSCRIPTION. The words "signature" or "subscription" include a mark
when the person cannot write, if his name is written near the mark, and witnessed by a person
who writes his own name as a witness, and include with respect to corporate securities facsimile
signature placed upon any instrument or writing with intent to execute or authenticate such
instrument or writing. (5) LUNATIC, INSANE or NON COMPOS MENTIS. The words "lunatic"
or "insane" or the term "non compos mentis" include all persons of unsound
mind. (6) PROPERTY. The word "property" includes both...
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10A-30-1.05
Section 10A-30-1.05 Certificate of formation; name of association; dissolution; applicable
to professional associations formed prior to January 1, 1984. Prior to January 1, 1984, person
or persons may form a professional association by executing and recording the certificate
of formation in the office of the judge of probate of the county in which the principal office
of the association is located, and must be by the judge recorded in a book kept for that purpose.
After recording the certificate of formation, the judge of probate shall endorse thereon a
certificate of registration, showing the book and page where recorded, and for services for
recording the certificate shall receive fifteen cents ($.15) for each 100 words of the certificate
of formation and two dollars fifty cents ($2.50) for examining the certificate of formation.
The person or persons forming the association shall adopt such name for the association as
they in their discretion may determine, provided that the name...
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10A-5-3.03
Section 10A-5-3.03 Agency power of members and managers; duties. REPEALED IN THE 2014 REGULAR
SESSION BY ACT 2014-144 EFFECTIVE JANUARY 1, 2017. (a) Except as provided in subsection (b),
every member is an agent of the limited liability company for the purpose of its business
or affairs, and the act of any member, including, but not limited to, the execution in the
name of the limited liability company of any instrument, for apparently carrying on in the
usual way the business or affairs of the limited liability company binds the limited liability
company, unless the member so acting has, in fact, no authority to act for the limited liability
company in the particular matter and the person with whom the member is dealing has knowledge
of the fact that the member has no such authority. (b) If the certificate of formation provides
that management of the limited liability company is vested in a manager or managers, both
of the following conditions apply: (1) No member, acting solely in...
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13A-12-3.3
Section 13A-12-3.3 Delivery prerequisites. (a) No person, other than a delivery service, shall
mail, ship, or otherwise cause to be delivered a shipping package in connection with a delivery
sale unless the following occur: (1) The person, prior to the first delivery sale to the prospective
consumer, obtains from the prospective consumer a written certification which includes a statement
signed by the prospective consumer that certifies the prospective consumer's current address
and that the consumer is at least the legal minimum age. (2) The person informs, in writing,
the prospective consumer all of the following: a. The signing of another person's name to
the certification described in this section is illegal. b. Sales of cigarettes to individuals
under the legal minimum age are illegal. c. The purchase of cigarettes by individuals under
the legal minimum age is illegal. (3) The person makes a good faith effort to verify the date
of birth of the consumer provided pursuant to this...
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31-8-18
Section 31-8-18 Proceedings as to persons placed on pension roll through fraud, etc. When it
shall be reported to the State Department of Human Resources or it shall come to their knowledge
that any person whose name is on the pension roll is not entitled to a pension or through
fraud or misrepresentation has been placed on the pension roll, and has been receiving a pension
from the state, the State Department of Human Resources shall make inquiry into such charges
and if they are satisfied as to the probable correctness thereof, reference of the same shall
be made to the county department of human resources of the county where the pensioner resides,
which shall make full investigation and report the result thereof to the State Department
of Human Resources. If the charges are established, the name of such pensioner shall be stricken
from the pension roll and the State Department of Human Resources shall ascertain and make
demand upon the pensioner to immediately refund the same. The...
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40-5-34
Section 40-5-34 Assessment and collection of escaped taxes - Procedure. It is the duty of the
collector, when engaged in the collection of taxes for any year, if he discovers that any
person or property within his county has not been assessed with the tax or taxes lawfully
chargeable to such person or property for that year, or any preceding year, not more than
five years before that time, forthwith to assess and collect the taxes due on the same and
in writing to notify the assessor of the fact so discovered, in order that proper assessment
of unassessed taxes may be made, and the collector has the same authority to administer oaths
and propound questions as the assessor has, and any party failing or refusing to answer such
questions or to give in his property shall be liable to the same penalties as provided in
cases where parties fail or refuse to return their property to the assessor or answer the
questions required to be propounded by the assessor. In such assessments of escaped...
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43-8-132
Section 43-8-132 Self-proved will - Form and execution; how attested will made self-proved;
effect. (a) Any will may be simultaneously executed, attested, and made self-proved, by acknowledgment
thereof by the testator and affidavits of the witnesses, each made before an officer authorized
to administer oaths under the laws of the state where execution occurs and evidenced by the
officer's certificate, under official seal, in substantially the following form: "I,
_____, the testator, sign my name to this instrument this ______ day of _____, 19__, and being
first duly sworn, do hereby declare to the undersigned authority that I sign and execute this
instrument as my last will and that I sign it willingly (or willingly direct another to sign
for me), that I execute it as my free and voluntary act for the purposes therein expressed,
and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence."
___ Testator "We, _____, the witnesses, sign...
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45-28-150.06
Section 45-28-150.06 Bingo games - Legislative intent; prize limits; deductions for actual
expenses; consulting fees. (a) It is the intention of the Legislature that only qualified
organizations which are properly issued permits or licenses, pursuant to subdivision (6) of
Section 45-28-150.01, shall be allowed to operate bingo games. A qualified organization shall
not lend its name or allow its identity to be used by any other person in operating or promoting
a bingo game in which the other person is substantially financially interested. (b) All bingo
cards or paper sheets shall be clearly marked with the name of the organization using the
cards or paper sheets and it shall be unlawful for one qualified organization to use cards
or paper sheets owned by another. (c) It shall be unlawful for two or more qualified organizations
to pyramid the valuation of prizes in such a manner as to exceed the limits in cash or gifts
of equivalent value as provided in Section 45-28-150.09. The term...
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6-5-771
Section 6-5-771 Definitions. For the purposes of this article, the following terms shall have
the following meanings unless the context clearly indicates otherwise: (1) INDICIA OF IDENTITY.
Include those attributes of a person that serve to identify that person to an ordinary, reasonable
viewer or listener, including, but not limited to, name, signature, photograph, image, likeness,
voice, or a substantially similar imitation of one or more of those attributes. (2) PERSON.
A natural person or a deceased natural person who at any time resided in this state or died
while in this state or whose estate is, or was, probated in any county in this state. (3)
RIGHT OF PUBLICITY. There is a right of publicity in any indicia of identity, both singular
and plural, of every person, whether or not famous, which right endures for the life of the
person and for 55 years after his or her death, whether or not the person commercially exploits
the right during his or her lifetime. The right is freely...
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7-3-503
Section 7-3-503 Notice of dishonor. (a) The obligation of an indorser stated in Section 7-3-415(a)
and the obligation of a drawer stated in Section 7-3-414(d) may not be enforced unless (i)
the indorser or drawer is given notice of dishonor of the instrument complying with this section
or (ii) notice of dishonor is excused under Section 7-3-504(b). (b) Notice of dishonor may
be given by any person; may be given by any commercially reasonable means, including an oral,
written, or electronic communication; and is sufficient if it reasonably identifies the instrument
and indicates that the instrument has been dishonored or has not been paid or accepted. Return
of an instrument given to a bank for collection is sufficient notice of dishonor. (c) Subject
to Section 7-3-504(c), with respect to an instrument taken for collection by a collecting
bank, notice of dishonor must be given (i) by the bank before midnight of the next banking
day following the banking day on which the bank receives...
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