8-1A-16
Section 8-1A-16 Transferable records. (a) In this section, "transferable
record" means an electronic record that meets the following criteria: (1) Would be a
note under Article 3 of the Uniform Commercial Code or a document under Article 7 of the Uniform
Commercial Code if the electronic record were in writing. (2) The issuer of the electronic
record expressly has agreed is a transferable record. (b) A person has control of a transferable
record if a system employed for evidencing the transfer of interests in the transferable record
reliably establishes that person as the person to which the transferable record was issued
or transferred. (c) A system satisfies subsection (b), and a person is deemed to have control
of a transferable record, if the transferable record is created, stored, and assigned in such
a manner that all of the following occur: (1) A single authoritative copy of the transferable
record exists which is unique, identifiable, and, except as otherwise provided in...
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18-1A-22
Section 18-1A-22 Offer to purchase at full appraised value; amount of compensation;
written statement and summary; waiver valuation. (a)(1) Before commencing a condemnation action,
the condemnor shall establish an amount based on an appraisal, except as otherwise provided
in subsection (e), which it believes to be just compensation therefor and promptly shall submit
to the owner an offer to acquire the property for the full amount so established. (2) The
amount may not be less than the condemnor's established amount of just compensation for the
property. (b) In a total taking, the condemnor shall disregard any decrease or increase in
the fair market value of the property caused by the project for which the property is to be
acquired or by the reasonable likelihood that the property will be acquired for that project,
other than normal depreciation. (c)(1) The amount of compensation to which the owners and
other parties interested therein are entitled may not be reduced or diminished...
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7-2A-528
Section 7-2A-528 Lessor's damages for nonacceptance, failure to pay, repudiation, or
other default. (1) Except as otherwise provided with respect to damages liquidated in the
lease agreement (Section 7-2A-504) or otherwise determined pursuant to agreement of
the parties (Sections 7-1-302 and 7-2A-503), if a lessor elects to retain the goods or a lessor
elects to dispose of the goods and the disposition is by lease agreement that for any reason
does not qualify for treatment under Section 7-2A-527(2), or is by sale or otherwise,
the lessor may recover from the lessee as damages for a default of the type described in Section
7-2A-523(1) or 7-2A-523(3)(a), or, if agreed, for other default of the lessee, (i) accrued
and unpaid rent as of the date of default if the lessee has never taken possession of the
goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses
the goods or an earlier date on which the lessee makes a tender of the goods to the...
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7-3-104
Section 7-3-104 Negotiable instrument. (a) Except as provided in subsections (c) and
(d), "negotiable instrument" means an unconditional promise or order to pay a fixed
amount of money, with or without interest or other charges described in the promise or order,
if it: (1) Is payable to bearer or to order at the time it is issued or first comes into possession
of a holder; (2) Is payable on demand or at a definite time; and (3) Does not state any other
undertaking or instruction by the person promising or ordering payment to do any act in addition
to the payment of money, but the promise or order may contain (i) an undertaking or power
to give, maintain, or protect collateral to secure payment, (ii) an authorization or power
to the holder to confess judgment or realize on or dispose of collateral, or (iii) a waiver
of the benefit of any law intended for the advantage or protection of an obligor. (b) "Instrument"
means a negotiable instrument. (c) An order that meets all of the...
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7-9A-403
Section 7-9A-403 Agreement not to assert defenses against assignee. (a) "Value."
In this section, "value" has the meaning provided in Section 7-3-303(a).
(b) Agreement not to assert claim or defense. Except as otherwise provided in this section,
an agreement between an account debtor and an assignor not to assert against an assignee any
claim or defense that the account debtor may have against the assignor is enforceable by an
assignee that takes an assignment: (1) for value; (2) in good faith; (3) without notice of
a claim of a property or possessory right to the property assigned; and (4) without notice
of a defense or claim in recoupment of the type that may be asserted against a person entitled
to enforce a negotiable instrument under Section 7-3-305(a). (c) When subsection (b)
not applicable. Subsection (b) does not apply to defenses of a type that may be asserted against
a holder in due course of a negotiable instrument under Section 7-3-305(b). (d) Omission
of required statement...
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7-9A-615
Section 7-9A-615 Application of proceeds of disposition; liability for deficiency and
right to surplus. (a) Application of proceeds. A secured party shall apply or pay over for
application the cash proceeds of disposition under Section 7-9A-610 in the following
order to: (1) the reasonable expenses of retaking, holding, preparing for disposition, processing,
and disposing, and, to the extent provided for by agreement and not prohibited by law, reasonable
attorney's fees and legal expenses incurred by the secured party; (2) the satisfaction of
obligations secured by the security interest or agricultural lien under which the disposition
is made; (3) the satisfaction of obligations secured by any subordinate security interest
in or other subordinate lien on the collateral if: (A) the secured party receives from the
holder of the subordinate security interest or other lien an authenticated demand for proceeds
before distribution of the proceeds is completed; and (B) in a case in which a...
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10A-8A-5.03
Section 10A-8A-5.03 Rights of creditor of partner or transferee. (a) On application
to a court of competent jurisdiction by any judgment creditor of a partner or transferee,
the court may charge the transferable interest of the judgment debtor with payment of the
unsatisfied amount of the judgment with interest. To the extent so charged and after the partnership
has been served with the charging order, the judgment creditor has only the right to receive
any distribution or distributions to which the judgment debtor would otherwise be entitled
in respect of the transferable interest. (b) The partnership, after being served with a charging
order and its terms, shall be entitled to pay or deposit any distribution or distributions
to which the judgment debtor would otherwise be entitled in respect of the charged transferable
interest into the hands of the clerk of the court so issuing the charging order, and the payment
or deposit shall discharge the partnership and the judgment debtor...
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10A-9A-7.03
Section 10A-9A-7.03 Rights of creditor of partner or transferee. (a) On application
to a court of competent jurisdiction by any judgment creditor of a partner or transferee,
the court may charge the transferable interest of the judgment debtor with payment of the
unsatisfied amount of the judgment with interest. To the extent so charged and after the limited
partnership has been served with the charging order, the judgment creditor has only the right
to receive any distribution or distributions to which the judgment debtor would otherwise
be entitled in respect of the transferable interest. (b) The limited partnership, after being
served with a charging order and its terms, shall be entitled to pay or deposit any distribution
or distributions to which the judgment debtor would otherwise be entitled in respect of the
charged transferable interest into the hands of the clerk of the court so issuing the charging
order, and the payment or deposit shall discharge the limited partnership and...
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26-10A-31
Section 26-10A-31 Confidentiality of records, hearing; parties. (a) After the petition
is filed and prior to the entry of the final decree, the records in adoption proceedings shall
be open to inspection only by the petitioner or his or her attorney, the investigator appointed
under Section 26-10A-19, any attorney appointed for the adoptee under Section
26-10A-22, and any attorney retained by or appointed to represent the adoptee. Such records
shall be open to other persons only upon order of court for good cause shown. (b) All hearings
in adoption proceedings shall be confidential and shall be held in closed court without admittance
of any person other than interested parties and their counsel, except with leave of court.
(c) After the final decree of adoption has been entered, all papers, pleadings, and other
documents pertaining to the adoption shall be sealed, kept as a permanent record of the court,
and withheld from inspection except as otherwise provided in this section and in...

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7-2-403
Section 7-2-403 Power to transfer; good faith purchase of goods; "entrusting."
(1) A purchaser of goods acquires all title which his transferor had or had power to transfer
except that a purchaser of a limited interest acquires rights only to the extent of the interest
purchased. A person with voidable title has power to transfer a good title to a good faith
purchaser for value. When goods have been delivered under a transaction of purchase the purchaser
has such power even though: (a) The transferor was deceived as to the identity of the purchaser,
or (b) The delivery was in exchange for a check which is later dishonored, or (c) It was agreed
that the transaction was to be a "cash sale," or (d) The delivery was procured through
fraud punishable as larcenous under the criminal law. (2) Any entrusting of possession of
goods to a merchant who deals in goods of that kind gives him power to transfer all rights
of the entruster to a buyer in ordinary course of business. (3) "Entrusting"...

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