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7-9A-523
Section 7-9A-523 Information from filing office; sale or license of records. (a) Acknowledgment
of filing written record. If a person that files a written record requests an acknowledgment
of the filing, the filing office shall send to the person an image of the record showing the
number assigned to the record pursuant to Section 7-9A-519(a)(1) and the date and time of
the filing of the record. However, if the person furnishes a copy of the record to the filing
office, the filing office may instead: (1) note upon the copy the number assigned to the record
pursuant to Section 7-9A-519(a)(1) and the date and time of the filing of the record; and
(2) send the copy to the person. (b) Acknowledgment of filing other record. If a person files
a record other than a written record, the filing office shall communicate to the person an
acknowledgment that provides: (1) the information in the record; (2) the number assigned to
the record pursuant to Section 7-9A-519(a)(1); and (3) the date and...
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11-62-13
Section 11-62-13 Limitations as to operation of facilities - Administration or management of
facilities by third parties under employment arrangements or management contracts. (a) The
user of any facility acquired, improved, financed, or in any way provided or assisted by any
authority pursuant to the provisions of this chapter shall not employ any third party that
is not a governmental agency or a not-for-profit organization to administer or manage such
facility unless the following conditions with respect to such third party and the employment
arrangement or management contract between such user and such third party are satisfied: (1)
Such user shall be completely unrelated to such third party and shall be free from any aspect
of control or undue influence by such third party, it being the intention of this chapter
that prohibited control or undue influence shall be deemed to arise from circumstances such
as the promotion or encouragement of the organization of such user by such...
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7-9A-512
Section 7-9A-512 Amendment of financing statement. (a) Amendment of information in financing
statement. Subject to Section 7-9A-509, a person may add or delete collateral covered by,
continue or terminate the effectiveness of, or, subject to subsection (e), otherwise amend
the information provided in, a financing statement by filing an amendment that: (1) identifies,
by its file number, the initial financing statement to which the amendment relates; and (2)
if the amendment relates to an initial financing statement filed or recorded in a filing office
described in Section 7-9A-501(a)(1), provides the information specified in Section 7-9A-502(b).
(b) Period of effectiveness not affected. Except as otherwise provided in Section 7-9A-515,
the filing of an amendment does not extend the period of effectiveness of the financing statement.
(c) Effectiveness of amendment adding collateral. A financing statement that is amended by
an amendment that adds collateral is effective as to the added...
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7-9A-516
Section 7-9A-516 What constitutes filing; effectiveness of filing. (a) What constitutes filing.
Except as otherwise provided in subsection (b), communication of a record to a filing office
and tender of the filing fee or acceptance of the record by the filing office constitutes
filing. (b) Refusal to accept record; filing does not occur. Filing does not occur with respect
to a record that a filing office refuses to accept because: (1) the record is not communicated
by a method or medium of communication authorized by the filing office; (2) an amount equal
to or greater than the applicable filing fee is not tendered; (3) the filing office is unable
to index the record because: (A) in the case of an initial financing statement, the record
does not provide a name for the debtor; (B) in the case of an amendment or information statement,
the record: (i) does not identify the initial financing statement as required by Section 7-9A-512
or 7-9A-518, as applicable; or (ii) identifies an initial...
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8-9B-3
Section 8-9B-3 Insolvency. (a) A debtor is insolvent if the sum of the debtor's debts at a
fair valuation is greater than the sum of the debtor's assets at a fair valuation. (b) A debtor
that is generally not paying the debtor's debts as they become due other than as a result
of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against
which the presumption is directed the burden of proving that the nonexistence of insolvency
is more probable than its existence. (c) Assets under this section do not include property
that has been transferred, concealed, or removed with intent to hinder, delay, or defraud
creditors or that has been transferred in a manner making the transfer voidable under this
chapter. (d) Debts under this section do not include an obligation to the extent it is secured
by a valid lien on property of the debtor not included as an asset. (Act 2018-163, ยง1.)...
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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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8-9B-9
Section 8-9B-9 Defenses, liability, and protection of transferee. (a) A transfer is not voidable
under Section 8-9B-5(a)(1) against a person that took in good faith and for a reasonably equivalent
value given the debtor or against any subsequent transferee that took in good faith. (b) To
the extent a transfer is avoidable in an action by a creditor under Section 8-9B-8(a)(1),
the following rules apply: (1) Except as otherwise provided in this section, the creditor
may recover judgment for the value of the asset transferred, as adjusted under subsection
(c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment
may be entered against: (i) the first transferee of the asset or the person for whose benefit
the transfer was made; or (ii) any subsequent transferee, other than: (A) a good-faith transferee
that took for value; or (B) a subsequent transferee of a person described in clause (A). (2)
Recovery pursuant to Section 8-9B-8(a)(1) or (b) of or from...
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8-3-13
Section 8-3-13 Surety may require creditor to bring action against principal; discharge of
surety upon failure to bring action. (a) A surety upon any contract for the payment of money
or for the delivery or payment of personal property may require the creditor or anyone having
the beneficial interest in the contract, by notice in writing, to bring an action thereon
against the principal debtor or against any cosurety to such contract. (b) If an action is
not brought thereon in three months after the receipt of such notice and prosecuted with diligence
according to the ordinary course of law, the surety giving such notice is discharged from
all liability as surety or his aliquot proportion of the debt, as the case may be. (c) One
surety may give the notice in behalf of his cosureties. (d) The remedy secured by this section
does not apply to bonds or other contracts with collateral conditions, nor to the bonds of
executors, administrators, guardians, or public officers. (Code 1852,...
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23-2-144
Section 23-2-144 Powers of the authority. (a) The authority shall have the following powers:
(1) To adopt bylaws for the regulation of its affairs and the conduct of its business. (2)
To adopt an official seal and alter the same at pleasure. (3) To maintain a principal office
and branch offices at the place or places within the state as it may designate. (4) To sue
and be sued in its own name, including suits in tort. (5) With the consent and approval of
the department, to acquire and construct toll road, bridge, or tunnel projects at locations
as the authority may determine to be desirable, practicable, and economically feasible and
to maintain, repair, and operate the projects. (6) To issue toll road, bridge, or tunnel revenue
bonds of the authority for any of its corporate purposes, payable solely from its tolls, other
revenues, and proceeds of the bonds, and to refund its bonds, all as provided in this article.
No bonds issued under the provisions of this article shall constitute a...
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27-6A-4
Section 27-6A-4 Contract requirements. No person, firm, association, or corporation acting
in the capacity of a managing general agent shall place business with an insurer unless there
is in force a written contract between the parties that sets forth the responsibilities of
each party and where both parties share responsibility for a particular function, specifies
the division of such responsibilities, and that contains the following minimum provisions:
(a) The insurer may terminate the contract for cause upon written notice to the managing general
agent. The insurer may suspend the underwriting authority of the managing general agent during
the pendency of any dispute regarding the cause for termination. (b) The managing general
agent shall render accounts to the insurer detailing all transactions and remit all funds
due under the contract to the insurer on not less than a monthly basis. (c) All funds collected
for the account of an insurer will be held by the managing general agent...
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