7-4-215
Section 7-4-215 Final payment of item by payor bank; when provisional debits and credits become
final; when certain credits become available for withdrawal. (a) An item is finally paid by
a payor bank when the bank has first done any of the following: (1) Paid the item in cash;
(2) Settled for the item without having a right to revoke the settlement under statute, clearing-house
rule, or agreement; or (3) Made a provisional settlement for the item and failed to revoke
the settlement in the time and manner permitted by statute, clearing-house rule, or agreement.
(b) If provisional settlement for an item does not become final, the item is not finally paid.
(c) If provisional settlement for an item between the presenting and payor banks is made through
a clearing house or by debits or credits in an account between them, then to the extent that
provisional debits or credits for the item are entered in accounts between the presenting
and payor banks or between the presenting and successive...
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10A-5A-1.06
Section 10A-5A-1.06 Rules of construction. (a) It is the policy of this chapter and this state
to give maximum effect to the principles of freedom of contract and to the enforceability
of limited liability company agreements. (b) Unless displaced by particular provisions of
this chapter, the principles of law and equity supplement this chapter. (c) The rule that
statutes in derogation of the common law are to be strictly construed shall have no application
to this chapter. (d) The use of any gender shall be applicable to all genders. The captions
contained in this chapter are for purposes of convenience only and shall not control or affect
the construction of this chapter. (e) Sections 7-9A-406 and 7-9A-408 of the Uniform Commercial
Code, and all successor statutes thereto, do not apply to any interest in a limited liability
company, including all rights, powers, and interests arising under a limited liability company
agreement or this chapter. This provision prevails over Sections...
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41-22-4
Section 41-22-4 Adoption by agencies of rules governing organization, practice, etc.; public
access to rules, orders, etc.; effect of rules, orders, etc., not made available to public.
(a) In addition to the other rulemaking requirements imposed by law, each agency shall: (1)
Adopt as a rule a description of its organization, stating the general course and method of
its operations and the methods whereby the public may obtain information or make submissions
or requests; (2) Adopt rules of practice setting forth the nature and requirements of all
formal and informal procedures available, including a description of all forms and instructions
used by the agency; (3) Make available for public inspection and copying, at cost, all rules
and all other written statements of policy or interpretations formulated, adopted or used
by the agency in the discharge of its functions; (4) Make available for public inspection
and copying, at cost, and index by name and subject all final orders,...
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10A-8A-1.07
Section 10A-8A-1.07 Supplemental principles of law; rate of interest. (a) It is the policy
of this chapter and this state to give maximum effect to the principles of freedom of contract
and to the enforceability of partnership agreements. (b) Unless displaced by particular provisions
of this chapter, the principles of law and equity supplement this chapter. (c) If an obligation
to pay interest arises under this chapter and the rate is not specified, the rate is the applicable
federal rate as determined from time to time by the United States Treasury pursuant to 26
U.S.C. §1274(d) or any successor law. (d) The rule that statutes in derogation of the common
law are to be strictly construed shall have no application to this chapter. (e) The use of
any gender shall be applicable to all genders. The captions contained in this chapter are
for purposes of convenience only and shall not control or affect the construction of this
chapter. (f) Sections 7-9A-406 and 7-9A-408 of the Uniform...
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10A-9A-1.07
Section 10A-9A-1.07 Supplemental principles of law; rate of interest. (a) It is the policy
of this chapter and this state to give maximum effect to the principles of freedom of contract
and to the enforceability of partnership agreements. (b) Unless displaced by particular provisions
of this chapter, the principles of law and equity supplement this chapter. (c) If an obligation
to pay interest arises under this chapter and the rate is not specified, the rate is the applicable
federal rate as determined from time to time by the United States Treasury pursuant to 26
U.S.C. §1274(d) or any successor law. (d) The rule that statutes in derogation of the common
law are to be strictly construed shall have no application to this chapter. (e) The use of
any gender shall be applicable to all genders. The captions contained in this chapter are
for purposes of convenience only and shall not control or affect the construction of this
chapter. (f) Sections 7-9A-406 and 7-9A-408 of the Uniform...
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10A-8A-4.04
Section 10A-8A-4.04 Liability for contribution. (a) A partner's obligation to make a contribution
to a partnership is not excused by the partner's death, disability, or other inability to
perform personally. (b) If a partner does not make a contribution required by an enforceable
promise, the partner or the partner's estate is obligated, at the election of the partnership,
to contribute money equal to the value of the portion of the contribution that has not been
made. The foregoing election shall be in addition to, and not in lieu of, any other rights,
including the right to specific performance, that the partnership may have under the partnership
agreement or applicable law. (c) The obligation of a partner to make a contribution to a partnership
may be compromised only by consent of all partners. A conditional obligation of a partner
to make a contribution to a partnership may not be enforced unless the conditions of the obligation
have been satisfied or waived as to or by that...
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11-81-246
Section 11-81-246 Assessment lien; enforcement. (a) An assessment under this article and any
interest or penalties on the assessment: (1) Is a lien against the real property on which
the assessment is imposed from the date on which the notice of contractual assessment is recorded.
(2) Subject to the requirement in Section 11-81-245(a)(1) to obtain and record in the proper
recording office an executed consent and subordination agreement from existing mortgagees
and other lienholders, has the same priority status as a lien for any other ad valorem or
non-ad valorem tax. (3) Is a lien that runs with the real property, and the portion of the
assessment under the assessment contract that has not yet become due is not eliminated by
foreclosure of a property tax lien. (b) The assessment lien may be enforced by the local government
in the same manner that an ad valorem or non-ad valorem tax lien against real property may
be enforced by the local government with all redemption rights provided...
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36-28-4
Section 36-28-4 Agreements with federal agency for extension of Social Security to employees
of state, etc.; powers of instrumentalities created jointly with other states. (a) Federal-state
agreement. The state Comptroller, with the approval of the Governor, is hereby authorized
to enter on behalf of the state into an agreement with the federal agency, consistent with
the terms and provisions of this chapter, for the purpose of extending the benefits of the
federal Old-Age and Survivors' Insurance System to employees of the state or any political
subdivision thereof or of any instrumentality of any one or more of the foregoing with respect
to services specified in such agreement, which constitute employment as defined in Section
36-28-1. Such agreement may contain such provisions relating to coverage benefits, contributions,
effective date, modification and termination of the agreement, administration and other appropriate
provisions as the state Comptroller and federal agency shall...
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10A-9A-5.02
Section 10A-9A-5.02 Liability for contribution. (a) A partner's obligation to make a contribution
to a limited partnership is not excused by the partner's death, disability, or other inability
to perform personally. (b) If a partner does not make a contribution required by an enforceable
promise, the partner or the partner's estate is obligated, at the election of the limited
partnership, to contribute money equal to the value of the portion of the contribution that
has not been made. The foregoing election shall be in addition to, and not in lieu of, any
other rights, including the right to specific performance, that the limited partnership may
have under the partnership agreement or applicable law. (c) The obligation of a partner to
make a contribution to a limited partnership may be compromised only by consent of all partners.
A conditional obligation of a partner to make a contribution to a limited partnership may
not be enforced unless the conditions of the obligation have been...
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8-1A-5
Section 8-1A-5 Use of electronic records and electronic signatures; variation by agreement.
(a) This chapter does not require a record or signature to be created, generated, sent, communicated,
received, stored, or otherwise processed or used by electronic means or in electronic form.
(b) This chapter applies only to transactions between parties each of which has agreed to
conduct transactions by electronic means. Whether the parties agree to conduct a transaction
by electronic means is determined from the context and surrounding circumstances, including
the parties' conduct. (c) A party that agrees to conduct a transaction by electronic means
may refuse to conduct other transactions by electronic means. The right granted by this subsection
may not be waived by agreement. (d) Except as otherwise provided in this chapter, the effect
of any of its provisions may be varied by agreement. The presence in certain provisions of
this chapter of the words "unless otherwise agreed," or words of...
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