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7-5-116
Section 7-5-116 Choice of law and forum. (a) The liability of an issuer, nominated person,
or adviser for action or omission is governed by the law of the jurisdiction chosen by an
agreement in the form of a record signed or otherwise authenticated by the affected parties
in the manner provided in Section 7-5-104 or by a provision in the person's letter of credit,
confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear any
relation to the transaction. (b) Unless subsection (a) applies, the liability of an issuer,
nominated person, or adviser for action or omission is governed by the law of the jurisdiction
in which the person is located. The person is considered to be located at the address indicated
in the person's undertaking. If more than one address is indicated, the person is considered
to be located at the address from which the person's undertaking was issued. For the purpose
of jurisdiction, choice of law, and recognition of interbranch letters of...
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7-9A-312
Section 7-9A-312 Perfection of certain security interests by filing; temporary perfection.
(a) Perfection by filing permitted. A security interest in chattel paper, negotiable documents,
instruments, or investment property may be perfected by filing. (b) Control or possession
of certain collateral. Except as otherwise provided in Section 7-9A-315(c) and (d) for proceeds:
(1) a security interest in a deposit account may be perfected only by control under Section
7-9A-314; (2) and except as otherwise provided in Section 7-9A-308(d), a security interest
in a letter-of-credit right may be perfected only by control under Section 7-9A-314; and (3)
a security interest in money may be perfected only by the secured party's taking possession
under Section 7-9A-313. (c) Goods covered by negotiable document. While goods are in the possession
of a bailee that has issued a negotiable document covering the goods: (1) a security interest
in the goods may be perfected by perfecting a security interest...
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45-37-123.106
Section 45-37-123.106 Minimum distribution requirements. (a) General rules. (1) EFFECTIVE DATE.
Except as otherwise provided herein, the provisions of this section shall apply for purposes
of determining required minimum distributions for calendar years beginning on and after January
1, 1987. (2) REQUIREMENTS OF TREASURY REGULATIONS INCORPORATED. All distributions required
under this section shall be determined and made in accordance with § 401(a)(9), Internal
Revenue Code, including the incidental death benefit requirement in § 401(a)(9)(G), and the
regulations thereunder. (3) PRECEDENCE. Subject to the joint and survivor annuity requirements
of the plan, the requirements of this section shall take precedence over any inconsistent
provisions of the plan. (b) Time and manner of distribution. (1) REQUIRED BEGINNING DATE.
The member's entire interest shall be distributed, or begin to be distributed, to the member
no later than the member's required beginning date. (2) DEATH OF MEMBER...
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19-3B-508
Section 19-3B-508 Qualified trusts under the Internal Revenue Code. (a) As used in this section:
(1) ASSIGNMENT or ALIENATION, and any conjugation thereof, includes any anticipation, assignment
at law or in equity, alienation, attachment, garnishment, levy, execution, or other legal
or equitable process. The term includes: (i) any arrangement providing for the payment to
the employer or other sponsor of such plan of benefits that otherwise would be due the participant
under the plan; (ii) any direct or indirect arrangement, whether revocable or irrevocable,
whereby any person acquires from a participant or beneficiary of such plan a right or interest
enforceable against the plan in, or to, all or any part of a plan benefit which is, or may
become, payable to the participant or beneficiary; (iii) any attachment, execution, seizure,
or the like, or under any form of legal process whatsoever; and (iv) the operation of any
bankruptcy or insolvency laws under 11 U.S.C. § 522(b) as from...
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6-11-51
Section 6-11-51 Definitions. As used in this article the following words and terms shall have
the following meanings: (1) ANNUITY ISSUER. An insurer that has issued a contract to fund
periodic payments under a structured settlement. (2) DEPENDENTS. A payee's spouse and minor
children and all other persons for whom the payee is legally obligated to provide support,
including alimony. (3) DISCOUNTED PRESENT VALUE. The present value of future payments determined
by discounting the payments to the present using the most recently published applicable federal
rate for determining the present value of an annuity, as issued by the United States Internal
Revenue Service. (4) GROSS ADVANCE AMOUNT. The sum payable to the payee or for the payee's
account as consideration for a transfer of structured settlement payment rights before any
reductions for transfer expenses or other deductions to be made from the consideration. (5)
INDEPENDENT PROFESSIONAL ADVICE. Advice of an attorney, certified public...
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7-4A-303
Section 7-4A-303 Erroneous execution of payment order. (a) A receiving bank that (i) executes
the payment order of the sender by issuing a payment order in an amount greater than the amount
of the sender's order, or (ii) issues a payment order in execution of the sender's order and
then issues a duplicate order, is entitled to payment of the amount of the sender's order
under Section 7-4A-402(c) if that subsection is otherwise satisfied. The bank is entitled
to recover from the beneficiary of the erroneous order the excess payment received to the
extent allowed by the law governing mistake and restitution. (b) A receiving bank that executes
the payment order of the sender by issuing a payment order in an amount less than the amount
of the sender's order is entitled to payment of the amount of the sender's order under Section
7-4A-402(c) if (i) that subsection is otherwise satisfied and (ii) the bank corrects its mistake
by issuing an additional payment order for the benefit of the...
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7-9A-208
Section 7-9A-208 Additional duties of secured party having control of collateral. (a) Applicability
of section. This section applies to cases in which there is no outstanding secured obligation
and the secured party is not committed to make advances, incur obligations, or otherwise give
value. (b) Duties of secured party after receiving demand from debtor. Within 10 days after
receiving an authenticated demand by the debtor: (1) a secured party having control of a deposit
account under Section 7-9A-104(a)(2) shall send to the bank with which the deposit account
is maintained an authenticated statement that releases the bank from any further obligation
to comply with instructions originated by the secured party; (2) a secured party having control
of a deposit account under Section 7-9A-104(a)(3) shall: (A) pay the debtor the balance on
deposit in the deposit account; or (B) transfer the balance on deposit into a deposit account
in the debtor's name; (3) a secured party, other than a...
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12-19-290
Section 12-19-290 Created; purposes; payments. (a) The Advanced Technology and Data Exchange
Fund is created in the State Treasury. (b) The fund shall consist of all monies paid into
the State Treasury to the credit of the fund pursuant to Section 12-19-181 or by legislative
appropriations, grant, gift, or otherwise. (c) Monies contained in the Advanced Technology
and Data Exchange Fund may be expended to provide for any activities involving the administration
of justice including, but not limited to, the following purposes: (1) Expand methods and means
for collection and disbursement of court-ordered monies through the use of credit cards, electronic
fund transfers, or other means and provide for electronic transfer of records and storage.
(2) Enhance coordination and sharing of data with local, state, and federal agencies, members
of the bar, and the public. (3) Provide equipment for electronically filing cases. (4) Improve
accountability for case filings and dispositions. (5) Train...
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27-14-21
Section 27-14-21 Assignment of policies. (a) A policy may be assignable or not assignable,
as provided by its terms. Subject to its terms relating to assignability, any life or disability
policy, whether heretofore or hereafter issued, under the terms of which the beneficiary may
be changed upon the sole request of the owner, may be assigned either by pledge or transfer
of title by an assignment executed by the owner alone and delivered to the insurer, whether
or not the pledgee or assignee is the insurer. Any such assignment shall entitle the insurer
to deal with the assignee as the owner or pledgee of the policy in accordance with the terms
of the assignment until the insurer has received at its home office written notice of termination
of the assignment or pledge or written notice by, or on behalf of, some other person claiming
some interest in the policy in conflict with the assignment. No such written assignment is
required in the case of a policy loan made by the insurer under...
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40-9F-4
Section 40-9F-4 Tax credits calculated, claimed, reserved, granted; transfer or assignment
of tax credits. (a) The state portion of any tax credit against the tax imposed by Chapters
16 and 18, for the taxable year in which the certified rehabilitation is placed in service,
shall be equal to 25 percent of the qualified rehabilitation expenditures for certified historic
structures, and shall be 10 percent of the qualified rehabilitation expenditures for qualified
pre-1936 non-historic structures. No tax credit claimed for any certified rehabilitation may
exceed five million dollars ($5,000,000) for all allowable property types except a certified
historic residential structure, and fifty thousand dollars ($50,000) for a certified historic
residential structure. (b) The entire tax credit may be claimed by the taxpayer in the taxable
year in which the certified rehabilitation is placed in service. Where the taxes owed by the
taxpayer are less than the tax credit, the taxpayer shall not be...
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