7-9A-404
claim reduces amount owed to assignee. Subject to subsection (c) and except as otherwise provided
in subsection (d), the claim of an account debtor against an assignor may be asserted against
an assignee under subsection (a) only to reduce the amount the account debtor owes. (c) Rule
for individual under other law. This section is subject to law other than this article which
establishes a different rule for an account debtor who is an individual and who incurred the
obligation primarily for personal, family, or household purposes. (d) Omission of required
statement in consumer transaction. In a consumer transaction, if a record evidences the account
debtor's obligation, if law other than this article requires that the record include a statement
to the effect that the account debtor's recovery against an assignee with respect to claims
and defenses against the assignor may not exceed amounts paid by the account debtor under
the record, and if the record does not include such a...
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10A-8A-8.07
Section 10A-8A-8.07 Other claims against dissolved partnership. Notwithstanding Sections 10A-1-9.01
and 10A-1-9.22: (a) A dissolved partnership may publish notice of its dissolution and request
that persons with claims against the dissolved partnership present them in accordance with
the notice. (b) The notice authorized by subsection (a) must: (1) be published at least one
time in a newspaper of general circulation in the county in which the dissolved partnership's
principal office in this state is located, and if none, was last located; (2) describe the
information that must be included in a claim and provide a mailing address to which the claim
is to be sent; (3) state that if not sooner barred, a claim against the dissolved partnership
will be barred unless a proceeding to enforce the claim is commenced within two years after
the publication of the notice; and (4) unless the partnership has been throughout its existence
a limited liability partnership, state that the barring of a...
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13A-9-12
Section 13A-9-12 Offering false instrument for recording; nullifaction or expungement from
record. (a) A person commits the crime of offering a false instrument for recording if, knowing
that a written instrument relating to or affecting real or personal property, or an
interest therein, or directly affecting contractual relationships contains a material false
statement or material false information, and with intent to defraud, he presents or offers
it to a public office or a public employee, with the knowledge that it will be registered,
filed or recorded or become a part of the records of that public office or public employee.
(b) Offering a false instrument for recording is a Class A misdemeanor. (c) A person commits
the crime of offering a false instrument for recording against a public servant if the person
offers, for recording, a written instrument which relates to or affects the real or personal
property, or an interest therein, or a contractual relationship of a public...
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10A-1-6.22
enterprise may indemnify a governing person, former governing person, or delegate against a
judgment, penalty, settlement, or fine, including an excise or similar tax or an excise tax
assessed against the person regarding an employee benefit plan, and against reasonable expenses
actually incurred by the person in connection with a proceeding. (b) Indemnification under
this chapter of a person who is found liable to the enterprise or is found liable because
the person improperly received a personal benefit: (1) is limited to reasonable expenses
actually incurred by the person in connection with the proceeding; and (2) may not be made
in relation to a proceeding in which the person has been found liable for: (A) willful or
intentional misconduct in the performance of the person's duty to the enterprise; (B) breach
of the person's duty of loyalty owed to the enterprise; or (C) an act or omission not committed
in good faith that constitutes a breach of a duty owed by the person to the...
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12-19-272
Section 12-19-272 Court to award fees and costs against attorney or party who brought action
without substantial justification; voluntary dismissal. (a) Except as otherwise provided in
this article, in any civil action commenced or appealed in any court of record in this state,
the court shall award, as part of its judgment and in addition to any other costs otherwise
assessed, reasonable attorneys' fees and costs against any attorney or party, or both, who
has brought a civil action, or asserted a claim therein, or interposed a defense, that a court
determines to be without substantial justification, either in whole or part; (b) When a court
determines reasonable attorneys' fees or costs should be assessed it shall assess the payment
thereof against the offending attorneys or parties, or both, and in its discretion may allocate
among them, as it determines most just, and may assess the full amount or any portion thereof
to any offending attorney or party; (c) The court shall assess...
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13A-7-6
Section 13A-7-6 Burglary in the second degree. (a) A person commits the crime of burglary in
the second degree if he or she knowingly enters or remains unlawfully in a building with intent
to commit theft or a felony therein and, if in effecting entry or while in the building or
in immediate flight therefrom, the person or another participant in the crime: (1) Is armed
with explosives; or (2) Causes physical injury to any person who is not a participant
in the crime; or (3) In effecting entry, is armed with a deadly weapon or dangerous instrument
or, while in the building or in immediate flight from the building, uses or threatens the
immediate use of a deadly weapon or dangerous instrument against another person. The use of
or threatened use of a deadly weapon or dangerous instrument does not include the mere acquisition
of a deadly weapon or dangerous instrument during the burglary. (b) In the alternative to
subsection (a) of this section, a person commits the crime of burglary in...
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26-10C-1
Section 26-10C-1 Registration of putative fathers; notice of intent to claim paternity; release
of information. (a) The Department of Human Resources shall establish a putative father registry
which shall record the names, Social Security number, date of birth, and addresses of the
following: (1) Any person adjudicated by a court of this state to be the father of a child
born out of wedlock. (2) Any person who has filed with the registry before or after the birth
of a child born out of wedlock, a notice of intent to claim paternity of the child, which
includes the information required in subsection (c) below. (3) Any person adjudicated by a
court of another state or territory of the United States to be the father of a child born
out of wedlock, where a certified copy of the court order has been filed with the registry
by the person or any other person. (4) Any person who has filed with the registry an instrument
acknowledging paternity pursuant to Sections 26-11-1 to 26-11-3,...
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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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8-6-71
Section 8-6-71 (Repealed effective January 1, 1997) Definitions. For the purposes of this article,
unless the context otherwise requires, the following terms shall have the meanings respectively
ascribed to them by this section: Assignment. Such term includes any written stock power,
bond power, bill of sale, deed, declaration of trust, or other instrument of transfer. Claim
of beneficial interest. Such term includes a claim of any interest by a decedent's legatee,
distributee, heir or creditor, a beneficiary under a trust, a ward, a beneficial owner of
a security registered in the name of a nominee or a minor owner of a security registered in
the name of a custodian, or a claim of any similar interest whether the claim is asserted
by the claimant, a fiduciary, or by any other authorized person on his behalf and includes
a claim that the transfer would be in breach of fiduciary duties. Corporation. A private or
public corporation, association, or trust issuing a security. Fiduciary. An...
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12-19-271
Section 12-19-271 Definitions. The following words and phrases as used in this article, have
the meaning ascribed to them in this section, unless the context clearly requires otherwise:
(1) WITHOUT SUBSTANTIAL JUSTIFICATION. The phrase "without substantial justification",
when used with reference to any action, claim, defense or appeal, including without limitation
any motion, means that such action, claim, defense or appeal (including any motion) is frivolous,
groundless in fact or in law, or vexatious, or interposed for any improper purpose, including
without limitation, to cause unnecessary delay or needless increase in the cost of litigation,
as determined by the court. (2) PERSON. Any individual, corporation, company, association,
firm, partnership, society, joint stock company, or any other entity, including any governmental
entity or unincorporated association of persons. (3) ACTION. Any suit, counterclaim, crossclaim
or third party claim filed at law or in equity, including any...
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