70A-8-401 - Duty of issuer to register transfer. - Utah Statutes

70A-8-401. Duty of issuer to register transfer.
(1) If a certificated security in registered form is presented to an issuer with a request toregister transfer or an instruction is presented to an issuer with a request to register transfer of anuncertificated security, the issuer shall register the transfer as requested if:
(a) under the terms of the security the person seeking registration of transfer is eligible tohave the security registered in its name;
(b) the indorsement or instruction is made by the appropriate person or by an agent whohas actual authority to act on behalf of the appropriate person;
(c) reasonable assurance is given that the indorsement or instruction is genuine andauthorized as provided in Section 70A-8-402;
(d) any applicable law relating to the collection of taxes has been complied with;
(e) the transfer does not violate any restriction on transfer imposed by the issuer inaccordance with Section 70A-8-204;
(f) a demand that the issuer not register transfer has not become effective under Section70A-8-403, or the issuer has complied with Subsection 70A-8-403(2) but no legal process orindemnity bond is obtained as provided in Subsection 70A-8-403(4); and
(g) the transfer is in fact rightful or is to a protected purchaser.
(2) If an issuer is under a duty to register a transfer of a security, the issuer is liable to aperson presenting a certificated security or an instruction for registration or to the person'sprincipal for loss resulting from unreasonable delay in registration or failure or refusal to registerthe transfer.

Repealed and Re-enacted by Chapter 204, 1996 General Session