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7-8-204
Section 7-8-204 Effect of issuer's restriction on transfer. A restriction on transfer of a
security imposed by the issuer, even if otherwise lawful, is ineffective against a person
without knowledge of the restriction unless: (1) the security is certificated and the restriction
is noted conspicuously on the security certificate; or (2) the security is uncertificated
and the registered owner has been notified of the restriction. (Acts 1965, No. 549, p. 811;
repealed by Acts 1996, No. 96-742, p. 1241, §1; added by Acts 1996, No. 96-742, p. 1241,
§1.)...
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7-8-203
Section 7-8-203 Staleness as notice of defect or defense. After an act or event, other than
a call that has been revoked, creating a right to immediate performance of the principal obligation
represented by a certificated security or setting a date on or after which the security is
to be presented or surrendered for redemption or exchange, a purchaser is charged with notice
of any defect in its issue or defense of the issuer, if the act or event: (1) requires the
payment of money, the delivery of a certificated security, the registration of transfer of
an uncertificated security, or any of them on presentation or surrender of the security certificate,
the money or security is available on the date set for payment or exchange, and the purchaser
takes the security more than one year after that date; or (2) is not covered by paragraph
(1) and the purchaser takes the security more than two years after the date set for surrender
or presentation or the date on which performance became due....
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8-6-140
Section 8-6-140 Definitions. For the purposes of this article, the following words have the
following meanings unless the context otherwise requires: (1) BENEFICIARY FORM. A registration
of a security which indicates the present owner of the security and the intention of the owner
regarding the person who will become the owner of the security upon the death of the owner.
(2) DEVISEE. Any person designated in a will to receive a disposition of real or personal
property. (3) HEIRS. Those persons, including the surviving spouse, who are entitled under
the statutes of intestate succession to the property of a decedent. (4) PERSON. An individual,
a corporation, an organization, or other legal entity. (5) PERSONAL REPRESENTATIVE. Includes
executor, administrator, successor personal representative, special administrator, and persons
who perform substantially the same function under the law governing their status. (6) PROPERTY.
Includes both real and personal property or any interest therein...
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7-8-109
Section 7-8-109 Warranties in indirect holding. (a) A person who originates an entitlement
order to a securities intermediary warrants to the securities intermediary that: (1) the entitlement
order is made by an appropriate person, or if the entitlement order is by an agent, the agent
has actual authority to act on behalf of the appropriate person; and (2) there is no adverse
claim to the security entitlement. (b) A person who delivers a security certificate to a securities
intermediary for credit to a securities account or originates an instruction with respect
to an uncertificated security directing that the uncertificated security be credited to a
securities account makes to the securities intermediary the warranties specified in Section
7-8-108(a) or (b). (c) If a securities intermediary delivers a security certificate to its
entitlement holder or causes its entitlement holder to be registered as the owner of an uncertificated
security, the securities intermediary makes to the...
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7-9A-203
Section 7-9A-203 Attachment and enforceability of security interest; proceeds; supporting obligations;
formal requisites. (a) Attachment. A security interest attaches to collateral when it becomes
enforceable against the debtor with respect to the collateral, unless an agreement expressly
postpones the time of attachment. (b) Enforceability. Except as otherwise provided in subsections
(c) through (i), a security interest is enforceable against the debtor and third parties with
respect to the collateral only if: (1) value has been given; (2) the debtor has rights in
the collateral or the power to transfer rights in the collateral to a secured party; and (3)
one of the following conditions is met: (A) the debtor has authenticated a security agreement
that provides a description of the collateral and, if the security interest covers timber
to be cut, a description of the land concerned; (B) the collateral is not a certificated security
and is in the possession of the secured party under...
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32-8-87
Section 32-8-87 Dismantling, destroying, changing identity of vehicle; certificate requirements;
insurance claims; "total loss"; removal of identification numbers, plates, etc.;
transfer of salvage vehicles; inspections; "component parts"; rebuilt vehicles;
flood vehicles; online verifications. (a) Each owner of a motor vehicle and each person mentioned
as owner in the last certificate of title who scraps, dismantles, destroys, or changes the
motor vehicle in such a manner that it is not the same motor vehicle described in the certificate
of origin or certificate of title shall as soon as practicable cause the certificate of origin
or certificate of title, if any, and any other documents or information required by the department
to be mailed or delivered to the department for processing. The department shall, with the
consent of any holder of liens noted on the surrendered certificate, enter a cancellation
upon its records. Upon cancellation of a certificate of origin or certificate of...
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7-8-402
Section 7-8-402 Assurance that indorsement or instruction is effective. (a) An issuer may require
the following assurance that each necessary indorsement or each instruction is genuine and
authorized: (1) in all cases, a guaranty of the signature of the person making an indorsement
or originating an instruction including, in the case of an instruction, reasonable assurance
of identity; (2) if the indorsement is made or the instruction is originated by an agent,
appropriate assurance of actual authority to sign; (3) if the indorsement is made or the instruction
is originated by a fiduciary pursuant to Section 7-8-107(a)(4) or (a)(5), appropriate evidence
of appointment or incumbency; (4) if there is more than one fiduciary, reasonable assurance
that all who are required to sign have done so; and (5) if the indorsement is made or the
instruction is originated by a person not covered by another provision of this subsection,
assurance appropriate to the case corresponding as nearly as may...
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7-9A-316
Section 7-9A-316 Effect of change in governing law. (a) General rule: Effect on perfection
of change in governing law. A security interest perfected pursuant to the law of the jurisdiction
designated in Section 7-9A-301(1) or 7-9A-305(c) remains perfected until the earliest of:
(1) the time perfection would have ceased under the law of that jurisdiction; (2) the expiration
of four months after a change of the debtor's location to another jurisdiction; or (3) the
expiration of one year after a transfer of collateral to a person that thereby becomes a debtor
and is located in another jurisdiction. (b) Security interest perfected or unperfected under
law of new jurisdiction. If a security interest described in subsection (a) becomes perfected
under the law of the other jurisdiction before the earliest time or event described in that
subsection, it remains perfected thereafter. If the security interest does not become perfected
under the law of the other jurisdiction before the earliest...
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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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35-5A-10
Section 35-5A-10 Manner of creating custodial property and effecting transfer; form of transfer;
control of custodial property. (a) Custodial property is created and a transfer is made whenever:
(1) An uncertificated security or a certificated security in registered form is either: a.
Registered in the name of the transferor, an adult other than the transferor, or a trust company,
followed in substance by the words: "as custodian for _____ (name of minor) under the
Alabama Uniform Transfers to Minors Act"; or b. Delivered if in certificated form, or
any document necessary for the transfer of an uncertificated security is delivered, together
with any necessary endorsement to an adult other than the transferor or to a trust company
as custodian, accompanied by an instrument in substantially the form set forth in subsection
(b); (2) Money is paid or delivered to a broker or financial institution for credit to an
account in the name of the transferor, an adult other than the transferor, or...
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