Vermont § 105 - § 8—105.

Full text of Vermont Vermont Statutes Online § 105 — § 8—105., with citation guidance and answers to common questions.

§ 105. § 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. (Added 1995, No. 92 (Adj. Sess.), § 1, eff. Jan. 1, 1997.)

Frequently Asked Questions About Vermont § 105

What does Vermont Statutes Online § 105 cover?

Section 105 ("§ 8—105.") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Vermont § 105?

A common citation format is "Vermont Statutes Online § 105" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Vermont law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.

How does Vermont § 105 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.