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19-1A-14
Section 19-1A-14 (Effective January 1, 2018) Disclosure of digital assets to conservator of
protected person. (a) After an opportunity for a hearing, the court may grant a conservator
access to the digital assets of a protected person. (b) Unless otherwise ordered by the court
or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic
communications sent or received by a protected person and any digital assets, other than the
content of electronic communications, in which the protected person has a right or interest
if the conservator gives the custodian: (1) a written request for disclosure in physical or
electronic form; (2) a copy of the court order that gives the conservator authority over the
digital assets of the protected person; and (3) if requested by the custodian: (A) a number,
username, address, or other unique subscriber or account identifier assigned by the custodian
to identify the account of the protected person; or (B) evidence...
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19-3A-415
Section 19-3A-415 Asset-backed securities. (a) In this section, "asset-backed security"
means an asset whose value is based upon the right it gives the owner to receive distributions
from the proceeds of financial assets that provide collateral for the security. The term includes
an asset that gives the owner the right to receive from the collateral financial assets (1)
only the interest or other current return thereon or (2) only the proceeds other than interest
or current return. The term does not include an asset to which Section 19-3A-401 or Section
19-3A-409 applies. (b) If a trust receives a payment that includes interest or other current
return and other proceeds of the collateral financial assets, then the fiduciary (1) shall
allocate to income the portion of the payment which the payer identifies as being from interest
or other current return; and (2) shall allocate the balance of the payment to principal. (c)
If a trust receives one or more payments in exchange for the...
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7-8-503
Section 7-8-503 Property interest of entitlement holder in financial asset held by securities
intermediary. (a) To the extent necessary for a securities intermediary to satisfy all security
entitlements with respect to a particular financial asset, all interests in that financial
asset held by the securities intermediary are held by the securities intermediary for the
entitlement holders, are not property of the securities intermediary, and are not subject
to claims of creditors of the securities intermediary, except as otherwise provided in Section
7-8-511. (b) An entitlement holder's property interest with respect to a particular financial
asset under subsection (a) is a pro rata property interest in all interests in that financial
asset held by the securities intermediary, without regard to the time the entitlement holder
acquired the security entitlement or the time the securities intermediary acquired the interest
in that financial asset. (c) An entitlement holder's property...
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7-8-104
Section 7-8-104 Acquisition of security or financial asset or interest therein. (a) A person
acquires a security or an interest therein, under this article, if: (1) the person is a purchaser
to whom a security is delivered pursuant to Section 7-8-301; or (2) the person acquires a
security entitlement to the security pursuant to Section 7-8-501. (b) A person acquires a
financial asset, other than a security, or an interest therein, under this article, if the
person acquires a security entitlement to the financial asset. (c) A person who acquires a
security entitlement to a security or other financial asset has the rights specified in Part
5, but is a purchaser of any security, security entitlement, or other financial asset held
by the securities intermediary only to the extent provided in Section 7-8-503. (d) Unless
the context shows that a different meaning is intended, a person who is required by other
law, regulation, rule, or agreement to transfer, deliver, present, surrender,...
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7-9A-206
Section 7-9A-206 Security interest arising in purchase or delivery of financial asset. (a)
Security interest when person buys through securities intermediary. A security interest in
favor of a securities intermediary attaches to a person's security entitlement if: (1) the
person buys a financial asset through the securities intermediary in a transaction in which
the person is obligated to pay the purchase price to the securities intermediary at the time
of the purchase; and (2) the securities intermediary credits the financial asset to the buyer's
securities account before the buyer pays the securities intermediary. (b) Security interest
secures obligation to pay for financial asset. The security interest described in subsection
(a) secures the person's obligation to pay for the financial asset. (c) Security interest
in payment against delivery transaction. A security interest in favor of a person that delivers
a certificated security or other financial asset represented by a writing...
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15-18-149
Section 15-18-149 Employment income withholding order - Person complying protected from actions
for wrongful conversion, etc. Any person who complies with any order or other process issued
pursuant to the provisions of this article shall not in any way be held liable to the defendant
or other person claiming any rights derived from the defendant for wrongful withholding or
wrongful conversion of any asset or income. (Acts 1984, No. 84-370, p. 859, §10.)...
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7-8-501
Section 7-8-501 Securities account; acquisition of security entitlement from securities intermediary.
(a) "Securities account" means an account to which a financial asset is or may be
credited in accordance with an agreement under which the person maintaining the account undertakes
to treat the person for whom the account is maintained as entitled to exercise the rights
that comprise the financial asset. (b) Except as otherwise provided in subsections (d) and
(e), a person acquires a security entitlement if a securities intermediary: (1) indicates
by book entry that a financial asset has been credited to the person's securities account;
(2) receives a financial asset from the person or acquires a financial asset for the person
and, in either case, accepts it for credit to the person's securities account; or (3) becomes
obligated under other law, regulation, or rule to credit a financial asset to the person's
securities account. (c) If a condition of subsection (b) has been met, a...
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26-2A-148
Section 26-2A-148 Conservators; title by appointment. (a) The appointment of a conservator
vests in the conservator title as trustee to all property, or to the part thereof specified
in the order, of the protected person, presently held or thereafter acquired, including title
to any property theretofore held for the protected person. Appointment of a conservator does
not terminate a custodianship created under a Uniform Gifts to Minors Act or a Uniform Transfers
to Minors Act, or a valid durable power of attorney, except on order of the court. An order
specifying that only a part of the property of the protected person vests in the conservator
creates a limited conservatorship. (b) Except as otherwise permitted herein, the interest
of the protected person in property vested in a conservator by this section is not transferable
or assignable by the protected person. An attempted transfer or assignment by the protected
person, though ineffective to affect property rights, may generate a...
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26-2A-149
Section 26-2A-149 Recording of conservator's letters. (a) Except for property unaffected by
the appointment of a conservator specified in Section 26-2A-148(a), letters of conservatorship
are evidence of transfer of all assets, or the part thereof specified in the letters, of a
protected person to the conservator. An order terminating a conservatorship is evidence of
transfer of all assets subject to the conservatorship from the conservator to the protected
person, or to successors of the person. (b) Subject to the requirements of general statutes
governing the filing or recordation of documents of title to land or other property, letters
of conservatorship and orders terminating conservatorships may be filed or recorded to give
record notice of title as between the conservator and the protected person. For the filing
and recordation of letters of conservatorship and orders terminating conservatorships, the
probate judge shall receive the same compensation (fees of registration)...
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26-3-14
Section 26-3-14 Reduction of conservator's bond upon partial settlement of estate. Upon the
filing of any partial settlement by the conservator of a minor or an incapacitated person
in the court in which such estate is pending, such conservator may pray for a reduction in
the amount of his or her bond as such conservator. Thereupon, the court must set a day for
the hearing of such partial settlement and must cause notices to be issued to all parties
in interest as is now provided by law for final settlements of such estates and, on the day
set for hearing, the court may fix the amount to which the bond shall be reduced, which shall
be determined as now provided by law for such bonds. (Acts 1939, No. 560, p. 883; Code 1940,
T. 21, §40; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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