Title 44, Trade and Commerce

A. The assignee shall forthwith, after execution and delivery of the deed of assignment, record it as provided in this article, and execute a bond with securities in an amount determined and approved by the judge of the superior court of the county where the assignment is recorde…

The assignee shall, within thirty days after recording the assignment, give public notice of his appointment in some newspaper printed in the county where the assignor resides or where his principal business was conducted, and as far as possible, the assignee shall also give pers…

A. The relationship of the court having jurisdiction of the insolvent estate and the assignee for the benefit of creditors shall be governed by the provisions which govern the relationship of a superior court and a receiver. The court shall have the same authority and jurisdictio…

Creditors consenting to the assignment shall give the assignee written notice of consent within four months after publication of the notice required under section 44-1035, and a creditor not assenting shall not receive or take any benefit under the assignment. A creditor who has …

Every creditor, consenting to an assignment, shall, within six months from the time of the first publication of the notice of appointment of the assignee, file with the assignee a distinct statement of the particular nature and amount of his claim against the debtor, which shall …

A. The statement of a creditor, verified and filed with the assignee as provided in section 44-1038, shall justify the assignee in allowing the claim as a valid claim against the estate, and it shall be so allowed. B. A creditor entitled to his proportional share of the debtor's …

Claims not due may be allowed at their present value by discounting them at the rate of interest mentioned in the contract, if any, otherwise at the legal rate. If any creditor holds collateral or security of less value than his debt, the value thereof may be estimated by the ass…

All property conveyed or transferred by the assignor previous to and in contemplation of the assignment with the intent or design to defeat, delay or defraud creditors, or to give preference to one creditor over another, shall pass to the assignee by the assignment notwithstandin…

A. No assignment shall be declared fraudulent or void for lack of an inventory or list as required under the provisions of this article, but if such list and inventory are not annexed and verified as provided in section 44-1033, it is prima facie evidence that the assignor has se…

Any attempted preference, in the assignment, of one creditor or creditors of the assignor, is fraudulent and without effect.

A creditor, not consenting to the assignment, may proceed by garnishment against the assignee for the excess of property remaining in his hands after payment to consenting creditors the amount of their debts and the costs and expenses of the assignment.

A. When an assignee has in his possession funds of the estate of the assignor in an amount sufficient to pay ten per cent of the indebtedness of the assignor, he shall make a pro rata distribution of the funds among the creditors. B. The assignee shall receive reasonable compensa…

A. When the assignee has fully performed the duties of his trust and desires to be finally discharged therefrom, he shall make a report of his proceedings under the assignment. The report shall be under oath and shall set forth the money and assets which came into his possession,…

A. A person who makes an assignment for the benefit of creditors is guilty of a crime punishable as prescribed in subsection B, if he: 1. Secretes or conceals any property belonging to his estate, or parts with, conceals, destroys, alters, mutilates or falsifies a book, document …

A. A sale made by a vendor of goods and chattels in his possession or under his control, or an assignment of goods and chattels, unless the sale or assignment is accompanied by an immediate delivery and followed by an actual and continued change of possession of the things sold o…

A. Interest on any loan, indebtedness or other obligation shall be as follows: 1. The maximum interest rate on medical debt shall be the lesser of the following: (a) The annual rate equal to the weekly average one-year constant maturity treasury yield, as published by the board o…

A person shall not directly or indirectly take or receive in money, goods or things in action, or in any other way, any greater sum or any greater value for the loan or forbearance of any money, goods or things in action, than the maximum permitted by law. Any person, contracting…

Where a rate of interest greater than the maximum permitted by law is contracted for, reserved or received, directly or indirectly, all payments of money or property made on account of such interest, or as inducements to contract for more than the maximum permitted by law, whethe…

In an action to recover on an obligation whereby there is contracted for, reserved or taken, a greater rate of interest than the maximum permitted by law, all payments made in money or property may be pleaded as a counterclaim or set-off. If such payments exceed the amount of the…

A. The following apply to closed end loans, other than closed end loans subject to title 6, chapter 5, in which the principal amount of the loan does not exceed five thousand dollars: 1. Interest not to exceed the maximum rate set by contract may be charged. Interest may be compu…

No law requiring security upon which loans may be made, prescribing the nature, amount or form of such security, prescribing or limiting interest rates upon loans, or prescribing or limiting the period for which loans may be made, shall apply to loans, advances of credit, or purc…

Any lawful charge, fee, cost or expense paid by or due to a lender on behalf of a borrower, with his consent, may be added to the principal amount of a loan made to such borrower under the provisions of this title or under the provisions of title 6, and such amount shall become p…

Except for consumer lender loans regulated pursuant to section 6-636, for any loan that is secured by real property, a person shall not require as a condition of the loan that the borrower obtain property insurance coverage in an amount that exceeds the replacement cost of the im…

A person is guilty of a class 2 misdemeanor who: 1. Is a party to any fraudulent conveyance of any lands, tenements or hereditaments, goods or chattels or any right or interest issuing therefrom, had, made or contrived with intent to deceive and defraud others, or to defeat, hind…

A commission merchant, broker, agent, factor or consignee who knowingly and with intent to defraud makes to his principal or consignor a false statement concerning the price obtained for, or the quality or quantity of property consigned or entrusted to him for sale, is guilty of …

A person is guilty of a class 2 misdemeanor who issues any contract: 1. Providing for its redemption or fulfillment from contributions made by subscribers to or holders of other similar contracts. 2. Providing for payment of money or giving any consideration greater in value than…

A person who, in putting up in a bag, bale, barrel or other package any hops, cotton, wool, grain, hay or other commodities usually sold in such bag, bale, barrel or other package by weight, places or conceals therein anything for the purpose of increasing the weight, with intent…

A person who mingles with a sample of gold or silver bearing ore, any metal or substance whatever which will in any manner change the value of the ore, with intent to deceive, cheat or defraud any person, is guilty of a class 6 felony.

A person or the agent of any person engaged in milling, smelting, sampling, concentrating, reducing, shipping or purchasing ores in this state, who in any manner knowingly alters or changes the true value of ores delivered to him to deprive the seller of the correct value thereof…

A debtor who fraudulently removes his property or effects from the state, or fraudulently sells, conveys, assigns or conceals his property, with intent to defraud, hinder or delay his creditors of their rights, claims or demands, is guilty of a class 2 misdemeanor.

A. A person who obtains money or property from another, or obtains the signature of another to a written instrument, the false making of which would be forgery, by means of a false or fraudulent sale of property or pretended property by auction, or by any practice known as a mock…

A. It is unlawful for a person who has mortgaged personal property to another, or who has possession of personal property under a contract of sale whereby the vendor retains title, to: 1. During the existence of the mortgage or contract, and without first obtaining the written co…

A person who presents a false or fraudulent claim or proof in support of such claim, upon a contract of insurance for payment of any loss, or who prepares, makes or subscribes to an account, certificate of survey, affidavit or proof of loss, or other book, paper or writing, with …

A person who knowingly provides false or fraudulent material information to or withholds material information from an insurance producer on an application for fire insurance or who presents a false or fraudulent claim or proof in support of such claim, upon a contract of insuranc…

A. It is unlawful for a person to deceive another person by misrepresenting the geographical origin or location of the person's business in the conduct of the person's business. B. A person who intentionally or knowingly violates subsection A of this section is guilty of a class …

A. If unsolicited goods are delivered by mail or common carrier to a person, such person may refuse to accept delivery of the goods and shall not be bound to return such goods to the sender. If such unsolicited goods are addressed to and intended for the recipient, they shall be …

A. It is unlawful for any person to: 1. Advertise for sale, sell, use or install any device which causes the odometer of a motor vehicle to register mileage other than the true mileage driven. For the purposes of this paragraph the true mileage driven is that mileage driven by th…

A. It is an unlawful practice pursuant to section 44-1522 for any person to sell or offer to sell any product, not including firearms, that is specifically designed, offered for sale or sold for the personal safety of law enforcement, firefighting or emergency medical services pe…

In this article, unless the context otherwise requires: 1. "Authentic Indian arts and crafts" means any product which is Indian handcrafted and is not made by machine or from unnatural materials, except stabilized or treated turquoise. 2. "Findings" means an ingredient part of th…

It is unlawful for any person to knowingly do any of the following: 1. Sell or offer for sale any products represented to be authentic Indian arts and crafts unless the products are in fact authentic Indian arts and crafts. 2. Sell or offer for sale any authentic Indian arts and …

A. A person who sells or offers to sell nonauthentic Indian arts and crafts shall post a sign bearing the words, in letters not less than three inches in height, "nonauthentic Indian arts and crafts" above or adjacent to the articles being sold. B. A person who sells or offers to…

A. The attorney general or the county attorney shall enforce the provisions of this article. An authorized tribal prosecutor may assist the attorney general or the county attorney in determining whether the provisions of this article are violated. B. In addition to the criminal p…

The attorney general shall adopt necessary rules to implement and enforce the provisions of this article. Rules adopted under this article may specify designations other than "authentic Indian arts and crafts", including a designation such as "Indian crafted", for authorized labe…

Unless the conduct is prohibited by section 13-1802 or section 13-2310 in which case those sections shall apply, a person who knowingly violates the provisions of this article is guilty of the following: 1. A class 3 misdemeanor if the violation involves property offered for sale…

A. Any person other than a partnership transacting business in this state under a fictitious name or a designation not showing the name of the owner of the business or the name of the corporation doing such business shall record with the county recorder of the county in which the…

A. It is unlawful for any person to sell, attempt to sell, offer for sale or participate or assist in the sale of any gasoline, liquefied petroleum gas, distillate, kerosene or other motor fuel or lubricating oil or motor oil of any kind or quality whatever for use in internal co…