7-8-406
Section 7-8-406 Obligation to notify issuer of lost, destroyed, or wrongfully taken security
certificate. If a security certificate has been lost, apparently destroyed, or wrongfully
taken, and the owner fails to notify the issuer of that fact within a reasonable time after
the owner has notice of it and the issuer registers a transfer of the security before receiving
notification, the owner may not assert against the issuer a claim for registering the transfer
under Section 7-8-404 or a claim to a new security certificate under Section 7-8-405. (Acts
1996, No. 96-742, p. 1241, §1.)...
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7-8-405
Section 7-8-405 Replacement of lost, destroyed, or wrongfully taken security certificate. (a)
If an owner of a certificated security, whether in registered or bearer form, claims that
the certificate has been lost, destroyed, or wrongfully taken, the issuer shall issue a new
certificate if the owner: (1) so requests before the issuer has notice that the certificate
has been acquired by a protected purchaser; (2) files with the issuer a sufficient indemnity
bond; and (3) satisfies other reasonable requirements imposed by the issuer. (b) If, after
the issue of a new security certificate, a protected purchaser of the original certificate
presents it for registration of transfer, the issuer shall register the transfer unless an
overissue would result. In that case, the issuer's liability is governed by Section 7-8-210.
In addition to any rights on the indemnity bond, an issuer may recover the new certificate
from a person to whom it was issued or any person taking under that person, except...
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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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7-8-403
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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7-8-204
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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7-8-404
Section 7-8-404 Wrongful registration. (a) Except as otherwise provided in Section 7-8-406,
an issuer is liable for wrongful registration of transfer if the issuer has registered a transfer
of a security to a person not entitled to it, and the transfer was registered: (1) pursuant
to an ineffective indorsement or instruction; (2) after a demand that the issuer not register
transfer became effective under Section 7-8-403(a) and the issuer did not comply with Section
7-8-403(b); (3) after the issuer had been served with an injunction, restraining order, or
other legal process enjoining it from registering the transfer, issued by a court of competent
jurisdiction, and the issuer had a reasonable opportunity to act on the injunction, restraining
order, or other legal process; or (4) by an issuer acting in collusion with the wrongdoer.
(b) An issuer that is liable for wrongful registration of transfer under subsection (a) on
demand shall provide the person entitled to the security with a...
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8-6-142
Section 8-6-142 Registration - Authorization. A security may be registered in beneficiary form
if the form is authorized by this or a similar statute of the state of organization of the
issuer or registering entity, the location of the registering entity's principal office, the
office of its transfer agent or its office making the registration, or by this or a similar
statute of the law of the state listed as the owner's address at the time of registration.
A registration governed by the law of a jurisdiction in which this or similar legislation
is not in force or was not in force when a registration in beneficiary form was made is nevertheless
presumed to be valid and authorized as a matter of contract law. (Acts 1997, No. 97-703, p.
1451, §3.)...
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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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7-8-108
Section 7-8-108 Warranties in direct holding. (a) A person who transfers a certificated security
to a purchaser for value warrants to the purchaser, and an indorser, if the transfer is by
indorsement, warrants to any subsequent purchaser, that: (1) the certificate is genuine and
has not been materially altered; (2) the transferor or indorser does not know of any fact
that might impair the validity of the security; (3) there is no adverse claim to the security;
(4) the transfer does not violate any restriction on transfer; (5) if the transfer is by indorsement,
the indorsement is made by an appropriate person, or if the indorsement is by an agent, the
agent has actual authority to act on behalf of the appropriate person; and (6) the transfer
is otherwise effective and rightful. (b) A person who originates an instruction for registration
of transfer of an uncertificated security to a purchaser for value warrants to the purchaser
that: (1) the instruction is made by an appropriate person,...
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7-8-106
Section 7-8-106 Control. (a) A purchaser has "control" of a certificated security
in bearer form if the certificated security is delivered to the purchaser. (b) A purchaser
has "control" of a certificated security in registered form if the certificated
security is delivered to the purchaser, and: (1) the certificate is indorsed to the purchaser
or in blank by an effective indorsement; or (2) the certificate is registered in the name
of the purchaser, upon original issue or registration of transfer by the issuer. (c) A purchaser
has "control" of an uncertificated security if: (1) the uncertificated security
is delivered to the purchaser; or (2) the issuer has agreed that it will comply with instructions
originated by the purchaser without further consent by the registered owner. (d) A purchaser
has "control" of a security entitlement if: (1) the purchaser becomes the entitlement
holder; (2) the securities intermediary has agreed that it will comply with entitlement orders
originated by...
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