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Idaho Code § 28-8-401

Duty of issuer to register transfer

Known as the Uniform Commercial Code

The act spans §§ 28–28 (405 sections).

(1) If a certificated security in registered form is presented to an issuer with a request to register transfer or an instruction is presented to an issuer with a request to register transfer of an uncertificated security, the issuer shall register the transfer as requested if: Under the terms of the security the person seeking registration of transfer is eligible to have the security registered in its name;

(2) The indorsement or instruction is made by the appropriate person or by an agent who has actual authority to act on behalf of the appropriate person;

(3) Reasonable assurance is given that the indorsement or instruction is genuine and authorized (section 28-8-402[, Idaho Code]);

(4) Any applicable law relating to the collection of taxes has been complied with;

(5) The transfer does not violate any restriction on transfer imposed by the issuer in accordance with section 28-8-204[, Idaho Code];

(6) A demand that the issuer not register transfer has not become effective under section 28-8-403[, Idaho Code], or the issuer has complied with section 28-8-403(2)[, Idaho Code], but no legal process or indemnity bond is obtained as provided in section 28-8-403(4)[, Idaho Code]; and

(7) The transfer is in fact rightful or is to a protected purchaser.

(8) If an issuer is under a duty to register a transfer of a security, the issuer is liable to a person presenting a certificated security or an instruction for registration or to the person’s principal for loss resulting from unreasonable delay in registration or failure or refusal to register the transfer.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.