7-8-305
Section 7-8-305 Instruction. (a) If an instruction has been originated by an appropriate person
but is incomplete in any other respect, any person may complete it as authorized and the issuer
may rely on it as completed, even though it has been completed incorrectly. (b) Unless otherwise
agreed, a person initiating an instruction assumes only the obligations imposed by Section
7-8-108 and not an obligation that the security will be honored by the issuer. (Acts 1996,
No. 96-742, p. 1241, §1.)...
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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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7-3-103
Section 7-3-103 Definitions. (a) In this article: (1) "Acceptor" means a drawee who
has accepted a draft. (2) "Drawee" means a person ordered in a draft to make payment.
(3) "Drawer" means a person who signs or is identified in a draft as a person ordering
payment. (4) "Good faith" means honesty in fact in the conduct or transaction concerned.
(5) "Maker" means a person who signs or is identified in a note as a person undertaking
to pay. (6) "Order" means a written instruction to pay money signed by the person
giving the instruction. The instruction may be addressed to any person, including the person
giving the instruction, or to one or more persons jointly or in the alternative but not in
succession. An authorization to pay is not an order unless the person authorized to pay is
also instructed to pay. (7) "Ordinary care" in the case of a person engaged in business
means observance of reasonable commercial standards, prevailing in the area in which the person
is located, with respect...
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7-8-102
Section 7-8-102 Definitions. (a) In this article: (1) "Adverse claim" means a claim
that a claimant has a property interest in a financial asset and that it is a violation of
the rights of the claimant for another person to hold, transfer, or deal with the financial
asset. (2) "Bearer form," as applied to a certificated security, means a form in
which the security is payable to the bearer of the security certificate according to its terms
but not by reason of an indorsement. (3) "Broker" means a person defined as a broker
or dealer under the federal securities laws, but without excluding a bank acting in that capacity.
(4) "Certificated security" means a security that is represented by a certificate.
(5) "Clearing corporation" means: (i) a person that is registered as a "clearing
agency" under the federal securities laws; (ii) a federal reserve bank; or (iii) any
other person that provides clearance or settlement services with respect to financial assets
that would require it to...
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45-49-252.05
Section 45-49-252.05 Solid waste management permits. Permits required under Section 45-49-252.03
shall be issued in the following manner: (1) Any person desiring to obtain a permit shall
file an application for a permit with the director on application forms provided by the director
and shall accompany such application with: a. Name and address of the applicant, showing its
legal identity (individual, partnership, corporation, etc.). b. The business address of the
applicant. c. An inventory of all motorized equipment or other equipment to be used in such
collection, transportation, or disposal. d. The methods of storage, transport, and processing
to be used. e. The location and type of processing or disposal, or both, contemplated. f.
The types and amounts of wastes to be covered by permit, including a description of the project
or process generating wastes. g. The route or routes to be used in transporting and schedules
used. h. Issuance of county permits shall not relieve applicants...
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7-8-403
Section 7-8-403 Demand that issuer not register transfer. (a) A person who is an appropriate
person to make an indorsement or originate an instruction may demand that the issuer not register
transfer of a security by communicating to the issuer a notification that identifies the registered
owner and the issue of which the security is a part and provides an address for communications
directed to the person making the demand. The demand is effective only if it is received by
the issuer at a time and in a manner affording the issuer reasonable opportunity to act on
it. (b) If a certificated security in registered form is presented to an issuer with a request
to register transfer or an instruction is presented to an issuer with a request to register
transfer of an uncertificated security after a demand that the issuer not register transfer
has become effective, the issuer shall promptly communicate to (i) the person who initiated
the demand at the address provided in the demand and (ii)...
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7-8-306
Section 7-8-306 Effect of guaranteeing signature, indorsement, or instruction. (a) A person
who guarantees a signature of an indorser of a security certificate warrants that at the time
of signing: (1) the signature was genuine; (2) the signer was an appropriate person to indorse,
or if the signature is by an agent, the agent had actual authority to act on behalf of the
appropriate person; and (3) the signer had legal capacity to sign. (b) A person who guarantees
a signature of the originator of an instruction warrants that at the time of signing: (1)
the signature was genuine; (2) the signer was an appropriate person to originate the instruction,
or if the signature is by an agent, the agent had actual authority to act on behalf of the
appropriate person, if the person specified in the instruction as the registered owner was,
in fact, the registered owner, as to which fact the signature guarantor does not make a warranty;
and (3) the signer had legal capacity to sign. (c) A person who...
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7-3-412
Section 7-3-412 Obligation of issuer of note or cashier's check. The issuer of a note or cashier's
check or other draft drawn on the drawer is obliged to pay the instrument (i) according to
its terms at the time it was issued or, if not issued, at the time it first came into possession
of a holder, or (ii) if the issuer signed an incomplete instrument, according to its terms
when completed, to the extent stated in Sections 7-3-115 and 7-3-407. The obligation is owed
to a person entitled to enforce the instrument or to an indorser who paid the instrument under
Section 7-3-415. (Acts 1995, No. 95-668, p. 1381, §1.)...
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7-8-206
Section 7-8-206 Completion or alteration of security certificate. (a) If a security certificate
contains the signatures necessary to its issue or transfer but is incomplete in any other
respect: (1) any person may complete it by filling in the blanks as authorized; and (2) even
if the blanks are incorrectly filled in, the security certificate as completed is enforceable
by a purchaser who took it for value and without notice of the incorrectness. (b) A complete
security certificate that has been improperly altered, even if fraudulently, remains enforceable,
but only according to its original terms. (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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7-8-401
Section 7-8-401 Duty of issuer to register transfer. (a) If a certificated security in registered
form is presented to an issuer with a request to register transfer or an instruction is presented
to an issuer with a request to register transfer of an uncertificated security, the issuer
shall register the transfer as requested if: (1) under the terms of the security the person
seeking registration of transfer is eligible to have the security registered in its name;
(2) the indorsement or instruction is made by the appropriate person or by an agent who has
actual authority to act on behalf of the appropriate person; (3) reasonable assurance is given
that the indorsement or instruction is genuine and authorized (Section 7-8-402); (4) any applicable
law relating to the collection of taxes has been complied with; (5) the transfer does not
violate any restriction on transfer imposed by the issuer in accordance with Section 7-8-204;
(6) a demand that the issuer not register transfer has not...
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