7-3-404
Section 7-3-404 Impostors; fictitious payees. (a) If an impostor, by use of the mails or otherwise,
induces the issuer of an instrument to issue the instrument to the impostor, or to a person
acting in concert with the impostor, by impersonating the payee of the instrument or a person
authorized to act for the payee, an indorsement of the instrument by any person in the name
of the payee is effective as the indorsement of the payee in favor of a person who, in good
faith, pays the instrument or takes it for value or for collection. (b) If (i) a person whose
intent determines to whom an instrument is payable (Section 7-3-110(a) or (b)) does not intend
the person identified as payee to have any interest in the instrument, or (ii) the person
identified as payee of an instrument is a fictitious person, the following rules apply until
the instrument is negotiated by special indorsement: (1) Any person in possession of the instrument
is its holder. (2) An indorsement by any person in the...
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7-4A-207
Section 7-4A-207 Misdescription of beneficiary. (a) Subject to subsection (b), if, in a payment
order received by the beneficiary's bank, the name, bank account number, or other identification
of the beneficiary refers to a nonexistent or unidentifiable person or account, no person
has rights as a beneficiary of the order and acceptance of the order cannot occur. (b) If
a payment order received by the beneficiary's bank identifies the beneficiary both by name
and by an identifying or bank account number and the name and number identify different persons,
the following rules apply: (1) Except as otherwise provided in subsection (c), if the beneficiary's
bank does not know that the name and number refer to different persons, it may rely on the
number as the proper identification of the beneficiary of the order. The beneficiary's bank
need not determine whether the name and number refer to the same person. (2) If the beneficiary's
bank pays the person identified by name or knows that the...
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11-94-6
Section 11-94-6 Certificate of incorporation - Amendment procedure; recordation of amendment
as conclusive evidence. The certificate of incorporation may at any time and from time to
time be amended so as to make any changes therein and add any provisions thereto which might
have been included in the certificate of incorporation in the first instance. Such an amendment
shall be effected in the following manner: The board of the authority shall file with the
governing body of each authorizing subdivision a resolution seeking permission to amend the
certificate of incorporation, specifying in such resolution the amendment proposed to be made.
The governing body of each authorizing subdivision shall consider such resolution and, if
each of them shall by appropriate resolution duly find and determine that it is wise, expedient,
necessary, or advisable that the proposed amendment be made and shall authorize the same to
be made and shall approve the form of the proposed amendment, then the...
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5-5A-11
Section 5-5A-11 Permit to transact business - Examination; issuance and recordation of permit.
The superintendent shall, before issuing his permit to any bank to commence business under
the application provided for in Section 5-5A-1, examine or cause an examination to be made
in order to ascertain whether the requisite capital of such bank has been paid in cash. If
the superintendent shall find that the requisite capital has been paid in cash, that the certificate
of incorporation has been approved and recorded and that all other requirements for the issuance
of the permit have been met, he shall issue his permit authorizing such bank to commence business
at the place, time and under the name as stated in the application for the permit and to transact
business in this state as a bank, which permit shall be recorded in the office of the superintendent
in a book to be kept by him for that purpose, and a certified copy thereof shall be filed
and recorded at the expense of the bank in the...
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7-4-104
Section 7-4-104 Definitions and index of definitions. (a) In this article, unless the context
otherwise requires: (1) "Account" means any deposit or credit account with a bank,
including a demand, time, savings, passbook, share draft, or like account, other than an account
evidenced by a certificate of deposit; (2) "Afternoon" means the period of a day
between noon and midnight; (3) "Banking day" means the part of a day on which a
bank is open to the public for carrying on substantially all of its banking functions; (4)
"Clearing house" means an association of banks or other payors regularly clearing
items; (5) "Customer" means a person having an account with a bank or for whom a
bank has agreed to collect items, including a bank that maintains an account at another bank;
(6) "Documentary draft" means a draft to be presented for acceptance or payment
if specified documents, certificated securities (Section 7-8-102) or instructions for uncertificated
securities (Section 7-8-308), or...
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10A-2A-1.20
Section 10A-2A-1.20 Requirements for filing instruments; extrinsic facts. (a) Whenever any
filing instrument is to be filed with the Secretary of State or in accordance with this chapter,
such instrument shall be executed as follows: (1) Except as provided in subsection (a)(3),
the certificate of incorporation, and any other instrument to be filed before the election
of the initial board of directors if the initial directors were not named in the certificate
of incorporation, shall be signed by the incorporator or incorporators or the successors and
assigns of the incorporator or incorporators. If any incorporator is not available then any
other instrument may be signed, with the same effect as if the incorporator had signed it,
by any person for whom or on whose behalf the incorporator, in executing the certificate of
incorporation, was acting directly or indirectly as employee or agent, provided that the other
instrument shall state that the incorporator is not available and the...
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4-6-11
Section 4-6-11 Appeals from action of administrative agency or governing body. (a) Any person
aggrieved by any decision of an administrative agency made in its administration of airport
zoning regulations adopted under this chapter or any governing body of a political subdivision
which is of the opinion that a decision of such an administrative agency is an improper application
of airport zoning regulations of concern to such governing body or board may appeal to the
circuit court of the county where such airport is located. (b) All appeals taken under this
section must be taken within 10 days by filing with the agency from which the appeal is taken
a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken
shall forthwith transmit to the court all the papers constituting the record upon which the
action appealed from was taken. (c) An appeal shall stay all proceedings in furtherance of
the action appealed from, unless the agency from which the appeal...
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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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12-21-97
Section 12-21-97 Pre-1879 documents or certified copies executed by Governor as evidence of
sale or transfer of state lands. (a) All documents executed prior to February 12, 1879, by
the Governor, in person or in his name by his secretary, purporting to convey any of the state's
lands which are ineffective as patents or conveyances because of not being executed as provided
by law or for any other reason and which recite either the payment of the purchase money for
the lands attempted to be conveyed thereby or the deposit of a receipt or certificate of the
officer authorized to receive the money acknowledging that such payment has been made shall
be admissible in evidence in any case affecting the title to such lands and shall be prima
facie evidence of any sale or transfer of said lands there recited and of the payment of the
purchase money thereof. (b) A duly certified copy of the record of any such document which
has been recorded for as much as 10 years in the office of the probate...
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22-19-182
Section 22-19-182 Facilitation of anatomical gift from decedent whose body is under jurisdiction
of coroner or medical examiner. (a) Upon request of a procurement organization, a coroner
or medical examiner shall release to the procurement organization the name, contact information,
and available medical and social history of a decedent whose body is under the jurisdiction
of the coroner or medical examiner. Specific operational details regarding visitation, referral
methods, recovery logistics, and efforts to minimize interruptions to the operations of the
coroner and/or medical examiner will be established in the protocols referenced in Section
22-19-181 (d). Section 164.512 of the Health Information Portability and Protection Act, enacted
1996, specifies that a covered entity may use or disclose protected health information to
organ procurement organizations or other entities engaged in the procurement, banking, or
transplantation of cadaveric organs, eyes, or tissues for the...
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