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7-8-507
Section 7-8-507 Duty of securities intermediary to comply with entitlement order. (a) A securities
intermediary shall comply with an entitlement order if the entitlement order is originated
by the appropriate person, the securities intermediary has had reasonable opportunity to assure
itself that the entitlement order is genuine and authorized, and the securities intermediary
has had reasonable opportunity to comply with the entitlement order. A securities intermediary
satisfies the duty if: (1) the securities intermediary acts with respect to the duty as agreed
upon by the entitlement holder and the securities intermediary; or (2) in the absence of agreement,
the securities intermediary exercises due care in accordance with reasonable commercial standards
to comply with the entitlement order. (b) If a securities intermediary transfers a financial
asset pursuant to an ineffective entitlement order, the securities intermediary shall reestablish
a security entitlement in favor of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-8-507.htm - 1K - Match Info - Similar pages
7-8-115
Section 7-8-115 Securities intermediary and others not liable to adverse claimant. A securities
intermediary that has transferred a financial asset pursuant to an effective entitlement order,
or a broker or other agent or bailee that has dealt with a financial asset at the direction
of its customer or principal, is not liable to a person having an adverse claim to the financial
asset, unless the securities intermediary, or broker or other agent or bailee: (1) took the
action after it had been served with an injunction, restraining order, or other legal process
enjoining it from doing so, issued by a court of competent jurisdiction, and had a reasonable
opportunity to act on the injunction, restraining order, or other legal process; or (2) acted
in collusion with the wrongdoer in violating the rights of the adverse claimant; or (3) in
the case of a security certificate that has been stolen, acted with notice of the adverse
claim. (Acts 1996, No. 96-742, p. 1241, ยง1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-8-115.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-8-102.htm - 6K - Match Info - Similar pages
35-12-77
Section 35-12-77 Payment or delivery of abandoned property. (a) Except for property held in
a safe deposit box or other safekeeping depository, upon filing the report required in Section
35-12-76, the holder of property presumed abandoned shall pay, deliver, or cause to be paid
or delivered to the Treasurer the property described in the report as unclaimed, but if the
property is an automatically renewable deposit, and a penalty or forfeiture in the payment
of interest would result, the time for compliance is extended until a penalty or forfeiture
would no longer result. (b) Tangible property held in a safe deposit box or other safekeeping
depository shall be delivered to the Treasurer within 120 days after filing the report required
in Section 35-12-76. (c) If the property reported to the Treasurer is a security or security
entitlement under Article 8 of Title 7, the Uniform Commercial Code, the Treasurer is an appropriate
person to make an indorsement, instruction, or entitlement...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-12-77.htm - 2K - Match Info - Similar pages
7-8-107
Section 7-8-107 Whether indorsement, instruction, or entitlement order is effective. (a) "Appropriate
person" means: (1) with respect to an indorsement, the person specified by a security
certificate or by an effective special indorsement to be entitled to the security; (2) with
respect to an instruction, the registered owner of an uncertificated security; (3) with respect
to an entitlement order, the entitlement holder; (4) if the person designated in paragraph
(1), (2), or (3) is deceased, the designated person's successor taking under other law or
the designated person's personal representative acting for the estate of the decedent; or
(5) if the person designated in paragraph (1), (2), or (3) lacks capacity, the designated
person's guardian, conservator, or other similar representative who has power under other
law to transfer the security or financial asset. (b) An indorsement, instruction, or entitlement
order is effective if: (1) it is made by the appropriate person; (2) it is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-8-107.htm - 2K - Match Info - Similar pages
16-6F-6
Section 16-6F-6 Authorization of establishment; Alabama Public Charter School Commission; registration
requirements; powers and duties of authorizers. (a) Eligible authorizing entities. (1) A public
charter school shall not be established in this state unless its establishment is authorized
by this section. No governmental entity or other entity, other than an entity expressly granted
chartering authority as set forth in this section, may assume any authorizing function or
duty in any form. The following entities shall be authorizers of public charter schools: a.
A local school board, for chartering of schools within the boundaries of the school system
under its jurisdiction, pursuant to state law. b. The Alabama Public Charter School Commission,
pursuant to this section. (2) A local school board that registers as an authorizer may approve
or deny an application to form a public charter school within the boundaries of the local
school system overseen by the local school board. (3) All...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-6F-6.htm - 21K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-8-106.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-208.htm - 4K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-8-404.htm - 2K - Match Info - Similar pages
27-10-53
Section 27-10-53 Defense of action or proceeding by insurer. (a) Before an unauthorized insurer
shall file, or cause to be filed, any pleading in any action or proceeding instituted against
it under Sections 27-10-51 and 27-10-52, such insurer shall: (1) Procure a certificate of
authority to transact insurance in this state; or (2) Deposit with the clerk of the court
in which such action or proceeding is pending cash or securities or file with such clerk a
bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed
by the court sufficient to secure the payment of any final judgment which may be entered in
such action. The court may, in its discretion, make an order dispensing with such deposit
or bond where the insurer makes a showing satisfactory to the court that it maintains in a
state of the United States funds or securities, in trust or otherwise, sufficient and available
to satisfy any final judgment which may be entered in such action or...
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