37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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7-5-112
Section 7-5-112 Transfer of letter of credit. (a) Except as otherwise provided in Section 7-5-113,
unless a letter of credit provides that it is transferable, the right of a beneficiary to
draw or otherwise demand performance under a letter of credit may not be transferred. (b)
Even if a letter of credit provides that it is transferable, the issuer may refuse to recognize
or carry out a transfer if: (1) the transfer would violate applicable law; or (2) the transferor
or transferee has failed to comply with any requirement stated in the letter of credit or
any other requirement relating to transfer imposed by the issuer which is within the standard
practice referred to in Section 7-5-108(e) or is otherwise reasonable under the circumstances.
(Acts 1997, No. 97-702, p. 1427, §1.)...
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10A-5A-5.03
Section 10A-5A-5.03 Charging order. (a) On application to a court of competent jurisdiction
by any judgment creditor of a member 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 liability company 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) A limited liability company, 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 liability company and the judgment...
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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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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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27-6-8
Section 27-6-8 Securities and assets - Authority to sell; exception. The commissioner shall
exercise the power granted by the power of attorney provided for in Section 27-6-7 or otherwise
sell any security or asset under any assignment, transfer or conveyance pursuant to Section
27-6-6, only pursuant to, and in accordance with, an order of a court of competent jurisdiction
in a proper proceeding or action to which the insurer owning such securities or assets is
a party. This section shall not apply as to the special deposits of surety insurers which
are subject to Section 27-6-13. (Acts 1953, No. 727, p. 981, §2; Acts 1971, No. 407, p. 707,
§104.)...
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7-9A-209
Section 7-9A-209 Duties of secured party if account debtor has been notified of assignment.
(a) Applicability of section. Except as otherwise provided in subsection (c), this section
applies if: (1) there is no outstanding secured obligation; and (2) 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, a secured party shall send to an account debtor that has received notification
of an assignment to the secured party as assignee under Section 7-9A-406(a) an authenticated
record that releases the account debtor from any further obligation to the secured party.
(c) Inapplicability to sales. This section does not apply to an assignment constituting the
sale of an account, chattel paper, or payment intangible. (d) Authenticated demand. In this
section, "authenticated demand" means a record authenticated by the...
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8-9A-4
Section 8-9A-4 Transfers fraudulent as to present and future creditors. (a) A transfer made
by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after
the transfer was made, if the debtor made the transfer with actual intent to hinder, delay,
or defraud any creditor of the debtor. (b) In determining actual intent under subsection (a),
consideration may be given, among other factors, to whether: (1) The transfer was to an insider;
(2) The debtor retained possession or control of the property transferred after the transfer;
(3) The transfer was disclosed or concealed; (4) Before the transfer was made the debtor had
been sued or threatened with suit; (5) The transfer was of substantially all the debtor's
assets; (6) The debtor absconded; (7) The debtor removed or concealed assets; (8) The value
of the consideration received by the debtor was reasonably equivalent to the value of the
asset transferred; (9) The debtor was insolvent or became insolvent...
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40-7-15
Section 40-7-15 Property to be appraised at fair market value. Except as otherwise provided
by law, for the purpose of assessment, real and personal property shall be appraised at its
fair and reasonable market value, according to the best judgment the assessor, the board of
equalization, and agents of the Department of Revenue can form upon information, inspection,
or otherwise, taking into consideration all elements or factors bearing on such value as heretofore
or hereafter authorized; mineral, coal, oil, gas, timber, and turpentine interests, when they
have been severed in ownership from the soil, by sale or otherwise, shall be separately appraised
and assessed. Notwithstanding the above, all property under lease as of October 1, 1978, which
lease does not provide for a direct passthrough of property taxes to the lessee, shall be
appraised solely on the basis of the economic net return to the owner. (Acts 1935, No. 194,
p. 256; Code 1940, T. 51, §46; Acts 1978, 2nd Ex. Sess., No....
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