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Commercial Code - COM - COM § 7308

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 7308

(a) A carrier’s lien on goods may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the goods. The notification must include

Commercial Code - COM - COM § 7309

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 7309

(a) A carrier that issues a bill of lading, whether negotiable or nonnegotiable, shall exercise the degree of care in relation to the goods which a reasonably careful person would exercise under similar circumstances. This subdivision does not affect any statute, regulation, or r

Commercial Code - COM - COM § 7401

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 7401

The obligations imposed by this division on an issuer apply to a document of title even if: (1) the document does not comply with the requirements of this division or of any other statute, rule, or regulation regarding its issuance, form, or content; (2) the issuer violated laws

Commercial Code - COM - COM § 7402

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 7402

A duplicate or any other document of title purporting to cover goods already represented by an outstanding document of the same issuer does not confer any right in the goods, except as provided in the case of tangible bills of lading in a set of parts, overissue of documents for

Commercial Code - COM - COM § 7403

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 7403

(a) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subdivisions (b) and (c), unless and to the extent that the bailee establishes any of the following: (1) delivery of the goods to a person whose receipt was rightful as

Commercial Code - COM - COM § 7404

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 7404

A bailee that in good faith has received goods and delivered or otherwise disposed of the goods according to the terms of a document of title or pursuant to this division is not liable for the goods even if: (1) the person from which the bailee received the goods did not have aut

Commercial Code - COM - COM § 7501

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 7501

(a) The following rules apply to a negotiable tangible document of title: (1) If the document’s original terms run to the order of a named person, the document is negotiated by the named person’s indorsement and delivery. After the named person’s indorsement in blank or to bearer

Commercial Code - COM - COM § 7502

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 7502

(a) Subject to Sections 7205 and 7503, a holder to which a negotiable document of title has been duly negotiated acquires thereby: (1) title to the document; (2) title to the goods; (3) all rights accruing under the law of agency or estoppel, including rights to goods delivered t

Commercial Code - COM - COM § 7503

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 7503

(a) A document of title confers no right in goods against a person that before issuance of the document had a legal interest or a perfected security interest in the goods and that did not: (1) deliver or entrust the goods or any document of title covering the goods to the bailor

Commercial Code - COM - COM § 7504

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 7504

(a) A transferee of a document of title, whether negotiable or nonnegotiable, to which the document has been delivered but not duly negotiated, acquires the title and rights that its transferor had or had actual authority to convey. (b) In the case of a transfer of a nonnegotiabl

Commercial Code - COM - COM § 7505

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 7505

The indorsement of a tangible document of title issued by a bailee does not make the indorser liable for any default by the bailee or previous endorsers.

Commercial Code - COM - COM § 7506

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 7506

The transferee of a negotiable tangible document of title has a specifically enforceable right to have its transferor supply any necessary indorsement, but the transfer becomes a negotiation only as of the time the indorsement is supplied.

Commercial Code - COM - COM § 7507

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 7507

If a person negotiates or delivers a document of title for value, otherwise than as a mere intermediary under Section 7508, unless otherwise agreed, the transferor, in addition to any warranty made in selling or leasing the goods, warrants to its immediate purchaser only that: (1

Commercial Code - COM - COM § 7508

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 7508

A collecting bank or other intermediary known to be entrusted with documents of title on behalf of another or with collection of a draft or other claim against delivery of documents warrants by the delivery of the documents only its own good faith and authority even if the collec

Commercial Code - COM - COM § 7509

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 7509

Whether a document of title is adequate to fulfill the obligations of a contract for sale, a contract for lease, or the conditions of a letter of credit is determined by Division 2 (commencing with Section 2101), Division 5 (commencing with Section 5101), or Division 10 (commenci

Commercial Code - COM - COM § 7601

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 7601

(a) If a document of title is lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute document and the bailee may without liability to any person comply with the order. If the document was negotiable, a court may not order delivery of the g

Commercial Code - COM - COM § 7602

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 7602

Unless a document of title was originally issued upon delivery of the goods by a person that did not have power to dispose of them, a lien does not attach by virtue of any judicial process to goods in the possession of a bailee for which a negotiable document of title is outstand

Commercial Code - COM - COM § 7603

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 7603

If more than one person claims title to or possession of the goods, the bailee is excused from delivery until the bailee has a reasonable time to ascertain the validity of the adverse claims or to commence an action for interpleader. The bailee may assert an interpleader either i

Commercial Code - COM - COM § 8101

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 8101

This division may be cited as Uniform Commercial Code—Investment Securities.

Commercial Code - COM - COM § 8102

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 8102

(a) In this division: (1) “Adverse claim” means a claim that a claimant has a property interest in a financial asset and that it is a violation of the rights of the claimant for another person to hold, transfer, or deal with the financial asset. (2) “Bearer form,” as applied to a

Commercial Code - COM - COM § 8103

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 8103

(a) A share or similar equity interest issued by a corporation, business trust, joint stock company, or similar entity is a security. (b) An “investment company security” is a security. “Investment company security” means a share or similar equity interest issued by an entity tha

Commercial Code - COM - COM § 8104

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 8104

(a) A person acquires a security or an interest therein, under this division, if either of the following applies: (1) The person is a purchaser to whom a security is delivered pursuant to Section 8301; or (2) The person acquires a security entitlement to the security pursuant to

Commercial Code - COM - COM § 8105

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 8105

(a) A person has notice of an adverse claim if any of the following applies: (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 informatio

Commercial Code - COM - COM § 8106

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 8106

(a) A purchaser has “control” of a certificated security in bearer form if the certificated security is delivered to the purchaser. (b) A purchaser has “control” of a certificated security in registered form if the certificated security is delivered to the purchaser, and either o

Commercial Code - COM - COM § 8107

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 8107

(a) “Appropriate person” means any of the following: (1) With respect to an endorsement, the person specified by a security certificate or by an effective special endorsement to be entitled to the security. (2) With respect to an instruction, the registered owner of an uncertific