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7-9A-106
Section 7-9A-106 Control of investment property. (a) Control under Section 7-8-106.
A person has control of a certificated security, uncertificated security, or security entitlement
as provided in Section 7-8-106. (b) Control of commodity contract. A secured party
has control of a commodity contract if: (1) the secured party is the commodity intermediary
with which the commodity contract is carried; or (2) the commodity customer, secured party,
and commodity intermediary have agreed that the commodity intermediary will apply any value
distributed on account of the commodity contract as directed by the secured party without
further consent by the commodity customer. (c) Effect of control of securities account or
commodity account. A secured party having control of all security entitlements or commodity
contracts carried in a securities account or commodity account has control over the securities
account or commodity account. (Act 2001-481, p. 647, ยง1.)...
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7-9A-102
Section 7-9A-102 Definitions and index of definitions. (a) Article 9A definitions. In
this article: (1) "Accession" means goods that are physically united with other
goods in such a manner that the identity of the original goods is not lost. (2) "Account,"
except as used in "account for," means a right to payment of a monetary obligation,
whether or not earned by performance, (i) for property that has been or is to be sold, leased,
licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered,
(iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred
or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of
a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge
card or information contained on or for use with the card, or (viii) as winnings in a lottery
or other game of chance operated or sponsored by a State, governmental unit of a State, or...
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7-9A-328
Section 7-9A-328 Priority of security interests in investment property. The following
rules govern priority among conflicting security interests in the same investment property:
(1) A security interest held by a secured party having control of investment property under
Section 7-9A-106 has priority over a security interest held by a secured party that
does not have control of the investment property. (2) Except as otherwise provided in paragraphs
(3) and (4), conflicting security interests held by secured parties each of which has control
under Section 7-9A-106 rank according to priority in time of: (A) if the collateral
is a security, obtaining control; (B) if the collateral is a security entitlement carried
in a securities account and: (i) if the secured party obtained control under Section
7-8-106(d)(1), the secured party's becoming the person for which the securities account is
maintained; (ii) if the secured party obtained control under Section 7-8-106(d)(2),
the securities...
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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...
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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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7-9A-305
Section 7-9A-305 Law governing perfection and priority of security interests in investment
property. (a) Governing law: General rules. Except as otherwise provided in subsection (c),
the following rules apply: (1) While a security certificate is located in a jurisdiction,
the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection,
and the priority of a security interest in the certificated security represented thereby.
(2) The local law of the issuer's jurisdiction as specified in Section 7-8-110(d) governs
perfection, the effect of perfection or nonperfection, and the priority of a security interest
in an uncertificated security. (3) The local law of the securities intermediary's jurisdiction
as specified in Section 7-8-110(e) governs perfection, the effect of perfection or
nonperfection, and the priority of a security interest in a security entitlement or securities
account. (4) The local law of the commodity intermediary's jurisdiction governs...
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7-8-510
Section 7-8-510 Rights of purchaser of security entitlement from entitlement holder.
(a) In a case not covered by the priority rules in Article 9A or the rules stated in subsection
(c), an action based on an adverse claim to a financial asset or security entitlement, whether
framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not
be asserted against a person who purchases a security entitlement, or an interest therein,
from an entitlement holder if the purchaser gives value, does not have notice of the adverse
claim, and obtains control. (b) If an adverse claim could not have been asserted against an
entitlement holder under Section 7-8-502, the adverse claim cannot be asserted against
a person who purchases a security entitlement, or an interest therein, from the entitlement
holder. (c) In a case not covered by the priority rules in Article 9A, a purchaser for value
of a security entitlement, or an interest therein, who obtains control has priority...
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13A-8-1
Section 13A-8-1 Definitions. The following definitions are applicable in this article
unless the context otherwise requires: (1) DECEPTION occurs when a person knowingly: a. Creates
or confirms another's impression which is false and which the defendant does not believe to
be true; or b. Fails to correct a false impression which the defendant previously has created
or confirmed; or c. Fails to correct a false impression when the defendant is under a duty
to do so; or d. Prevents another from acquiring information pertinent to the disposition of
the property involved; or e. Sells or otherwise transfers or encumbers property, failing to
disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property
when the defendant is under a duty to do so, whether that impediment is or is not valid, or
is not a matter of official record; or f. Promises performance which the defendant does not
intend to perform or knows will not be performed. Failure to perform, standing...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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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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