Title 11, Chapter 8, Section 105
( 11-8-105)
Notice of adverse claim. (a) A person has notice of an adverse claim if: (1) The person knows of the adverse claim; (2) The person is aware of facts sufficient to indicate that there
is a significant probability that the adverse claim exists and
deliberately avoids information that would establish the existence
of the adverse claim; or (3) The person has a duty, imposed by statute or regulation, to
investigate whether an adverse claim exists, and the investigation
so required would establish the existence of the adverse claim. (b) Having knowledge that a financial asset or interest therein is
or has been transferred by a representative imposes no duty of
inquiry into the rightfulness of a transaction and is not notice of
an adverse claim. However, a person who knows that a representative
has transferred a financial asset or interest therein in a
transaction that is, or whose proceeds are being used, for the
individual benefit of the representative or otherwise in breach of
duty has notice of an adverse claim. (c) An act or event that creates a right to immediate performance of
the principal obligation represented by a security certificate or
sets a date on or after which the certificate is to be presented or
surrendered for redemption or exchange does not itself constitute
notice of an adverse claim except in the case of a transfer more
than: (1) One year after a date set for presentment or surrender for
redemption or exchange; or (2) Six months after a date set for payment of money against
presentation or surrender of the certificate, if money was
available for payment on that date. (d) A purchaser of a certificated security has notice of an adverse
claim if the security certificate: (1) Whether in bearer or registered form, has been indorsed "for
collection" or "for surrender" or for some other purpose not
involving transfer; or (2) Is in bearer form and has on it an unambiguous statement that
it is the property of a person other than the transferor, but the
mere writing of a name on the certificate is not such a statement. (e) Filing of a financing statement under Article 9 of this title is
not notice of an adverse claim to a financial asset. |