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7-9A-408
Section 7-9A-408 Restrictions on assignment of promissory notes, health-care-insurance receivables,
and certain general intangibles ineffective. (a) Term restricting assignment generally ineffective.
Except as otherwise provided in subsection (b), a term in a promissory note or in an agreement
between an account debtor and a debtor which relates to a health-care-insurance receivable
or a general intangible, including a contract, permit, license, or franchise, and which term
prohibits, restricts, or requires the consent of the person obligated on the promissory note
or the account debtor to, the assignment or transfer of, or creation, attachment, or perfection
of a security interest in, the promissory note, health-care-insurance receivable, or general
intangible, is ineffective to the extent that the term: (1) would impair the creation, attachment,
or perfection of a security interest; or (2) provides that the assignment or transfer or the
creation, attachment, or perfection of the...
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8-25-1
Section 8-25-1 Definitions. As used in this chapter, the following words and phrases shall
have the following meanings ascribed to them, unless the context clearly indicates otherwise:
(1) ADVERTISEMENT. A commercial message in any medium that directly or indirectly promotes
or assists a rental-purchase agreement, except for instore merchandising aids. (2) CONSUMER.
An individual who leases personal property under a rental-purchase agreement. (3) MERCHANDISE.
The personal property that is the subject of a rental-purchase agreement. (4) MERCHANT. A
person who, in the ordinary course of business, regularly leases, offers to lease, or arranges
for the leasing of merchandise under a rental-purchase agreement, and includes a person who
is assigned an interest in a rental-purchase agreement. (5) RENTAL-PURCHASE AGREEMENT. An
agreement for the use of merchandise by a consumer for personal, family, or household purposes,
for an initial period of four months or less that is automatically...
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8-9B-4
Section 8-9B-4 Value. (a) Value is given for a transfer if, in exchange for the transfer, property
is transferred or an antecedent debt is secured or satisfied, but value does not include an
unperformed promise made otherwise than in the ordinary course of the promisor's business
to furnish support to the debtor or another person. (b) For the purposes of Section 8-9B-5
(a)(2) and Section 8-9B-6, a person gives a reasonably equivalent value if the person acquires
an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure
sale or execution of a power of sale for the acquisition or disposition of the interest of
the debtor upon default under a mortgage, deed of trust, or security agreement. (c) A transfer
is made for present value if the exchange between the debtor and the transferee is intended
by them to be contemporaneous and is in fact substantially contemporaneous. (Act 2018-163,
§1.)...
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10A-8A-3.01
Section 10A-8A-3.01 Partner agent of partnership. Subject to the effect of a statement of authority
under Section 10A-8A-3.03: (1) Each partner is an agent of the partnership for the purpose
of its business or not for profit activity. An act of a partner, including the execution of
an instrument in the partnership name, for apparently carrying on in the ordinary course the
partnership business or not for profit activity, or business or not for profit activity of
the kind carried on by the partnership, binds the partnership, unless the partner had no authority
to act for the partnership in the particular matter and the person with whom the partner was
dealing knew or had notice that the partner lacked authority. (2) An act of a partner which
is not apparently for carrying on in the ordinary course the partnership business or not for
profit activity, or business or not for profit activity of the kind carried on by the partnership,
binds the partnership only if the act was authorized by...
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13A-11-74
Section 13A-11-74 License to carry pistol in vehicle or concealed on person - Exceptions. The
provisions of Section 13A-11-73 shall not apply to marshals, sheriffs, prison and jail wardens
and their regularly employed deputies, policemen and other law enforcement officers of any
state or political subdivision thereof, or to the members of the Army, Navy or Marine Corps
of the United States or of the National Guard, or to the members of the National Guard organized
reserves or state guard organizations when on duty or going to or from duty, or to the regularly
enrolled members of any organization duly authorized to purchase or receive such weapons from
the United States or from this state; provided, that such members are at or are going to or
from their places of assembly or target practices, or to officers or employees of the United
States duly authorized to carry a pistol, or to any person engaged in manufacturing, repairing
or dealing in pistols, or the agent or representative of...
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36-25-12
Section 36-25-12 Offering, soliciting, etc., thing of value to or by member of regulatory body.
No person shall offer or give to a member or employee of a governmental agency, board, or
commission that regulates a business with which the person is associated, and no member or
employee of a regulatory body, shall solicit or accept a thing of value while the member or
employee is associated with the regulatory body other than in the ordinary course of business.
In addition to the foregoing, the Commissioner of the Department of Agriculture and Industries
and any candidate for the office of commissioner may not accept a campaign contribution from
a person associated with a business regulated by the department. (Acts 1973, No. 1056, p.
1699, § 10; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, § 1; Act 2001-474,
p. 635, § 1.)...
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7-1-202
Section 7-1-202 Notice; knowledge. (a) Subject to subsection (f), a person has "notice"
of a fact if the person: (1) Has actual knowledge of it; (2) Has received a notice or notification
of it; or (3) From all the facts and circumstances known to the person at the time in question,
has reason to know that it exists. (b) "Knowledge" means actual knowledge. "Knows"
has a corresponding meaning. (c) "Discover," "learn," or words of similar
import refer to knowledge rather than to reason to know. (d) A person "notifies"
or "gives" a notice or notification to another person by taking such steps as may
be reasonably required to inform the other person in ordinary course, whether or not the other
person actually comes to know of it. (e) Subject to subsection (f), a person "receives"
a notice or notification when: (1) It comes to that person's attention; or (2) It is duly
delivered in a form reasonable under the circumstances at the place of business through which
the contract was made or at...
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8-13-1
Section 8-13-1 Definitions. Unless otherwise provided, the following words and phrases, when
used in this chapter, shall have the meanings respectively ascribed to them in this section:
(1) APPLICANT. Any person applying for a license under this chapter, including the principal,
if such person is the agent of another who is the true owner, notwithstanding whether that
other is an individual, partnership, association, firm, or corporation and notwithstanding
whether the name of the true owner appears on the application or not. (2) DISTRESS MERCHANDISE
SALE. Any offer to sell to the public or a sale to the public of goods, wares, or merchandise
on the implied or direct representation that such sale is being held other than in the ordinary
course of business and not otherwise defined herein. Without limiting the generality of the
above, "distress merchandise sales" shall include, but not be limited to, any sale
advertised either specifically or in substance to be any one of the following:...
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8-7A-3
Section 8-7A-3 Exclusions. This chapter does not apply to any of the following: (1) The United
States or a department, agency, or instrumentality thereof. (2) The transmission of money
by the United States Postal Service or by a contractor on behalf of the United States Postal
Service. (3) A state, county, city, or any other governmental agency or governmental subdivision
of a state. (4) Electronic funds transfer of governmental benefits for a federal, state, or
governmental agency by a contractor on behalf of the United States or a department, agency,
or instrumentality thereof, or a state or governmental subdivision, agency, or instrumentality
thereof. (5) A board of trade designated as a contract market under the federal Commodity
Exchange Act, 7 U.S.C. Sections 1-25 (1994), or a person that, in the ordinary course of business,
provides clearance and settlement services for a board of trade to the extent of its operation
as or for such a board. (6) A registered futures commission...
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10A-8A-4.01
Section 10A-8A-4.01 Partner's rights and duties. (a) Each partner is deemed to have an account
that is: (1) credited with an amount equal to the money plus the value of any other property,
net of the amount of any liabilities, the partner contributes to the partnership and the partner's
share of the partnership profits; and (2) charged with an amount equal to the money plus the
value of any other property, net of the amount of any liabilities, distributed by the partnership
to the partner and the partner's share of the partnership losses provided that a partner shall
not be charged with any share of partnership loss attributable to a debt, obligation, or liability
for which the partner is not personally liable under Section 10A-8A-3.06 unless the loss is
satisfied out of partnership assets. (b) Each partner is entitled to an equal share of the
partnership profits and, subject to the limitations in subsection (a)(2) of this section,
is chargeable with a share of the partnership losses...
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