Title 09, Title 09: Commerce and Trade

§ 1953. Notice of sale At least 10 days prior thereto, notice in writing of the time and place of such sale and of the amount claimed to be due shall be given to the owner of such property, either personally, by mail, or by leaving the same at his or her place of abode, if a resi…

§ 1954. Price in dispute; tender by owner When the owner of such article of personal property desires to question the reasonableness of such charges, he or she may within such three months make tender therefor, and the person having such lien shall bring a civil action within 30 …

§ 1971. Unpaid wages; statutory lien; priority over subsequent mortgage or lien (a) A statutory lien is created on the real and personal property of a corporation for up to 30 days of unpaid wages. (b) The liability of a corporation to an employee for unpaid wages that were earne…

§ 1972. Preference for wage liens If a person or company is compelled to stop business by reason of an attachment upon mesne process and does not resume business within 30 days thereafter, an employee to whom such person or company is indebted for wages may attach the same proper…

§ 1991. Nature and extent of lien A person cutting or drawing logs and acting under a contract with the owner thereof shall have a lien thereon for his or her wages that shall continue 60 days after the services are performed and have precedence of other claims except public taxe…

§ 1992. Action to enforce lien Such lien shall be void against a subsequent purchaser, unless an action is brought and the logs attached thereon within 30 days from the time the plaintiff’s right of action accrues against the person for whom he or she performed the services, and …

§ 1993. Procedure for attaching logs Such attachment shall be made by leaving a copy of the process in the office of the clerk of the town where the services were performed and also where the logs are located. If either town is unorganized, a copy of such process shall be left in…

§ 2011. Nature and extent of lien; registered marks If a person, firm, or corporation shall, by itself or others, make an advance or series of advances of money to the owner of, or person entitled to the possession of, any logs or pulpwood for the purpose of financing the cutting…

§ 2012. Registration of marks; regulations Any person, firm, or corporation desiring to appropriate for its own exclusive use any distinctive mark to be placed upon logs or pulpwood for identification may file a copy of such mark, accompanied by a statement claiming the exclusive…

§ 2013. Certified copies of certificates; fee The town clerk shall receive a fee of $6.00 for recording a certified copy of any such certificate of registration. (Amended 1971, No. 84, § 2; 1979, No. 161 (Adj. Sess.), § 2; 1993, No. 170 (Adj. Sess.), § 1; 2003, No. 70 (Adj. Sess.…

§ 2014. Recording; fees No lien as provided for in this subchapter shall be valid, except as against the person to whom such advances were made, until written notice of advances made or to be made is recorded with the town clerk of the town wherein such logs or pulpwood are situa…

§ 2031. Lien for labor and materials; enforcement A person who performs labor or furnishes materials in building, repairing, fitting, or furnishing a ship, vessel, or steamboat shall have a lien thereon for his or her wages and materials until eight months after it is completed, …

§ 2032. Prerequisites for lien Before such lien attaches, such person shall present a claim for his or her services performed or materials furnished and shall demand payment of the same of the owner, agent, contractor, or person in whose care such ship, vessel, or steamboat is. U…

§ 2051. Filing in town clerk’s office Notices of liens upon real or personal property for taxes or other obligations payable to the United States of America, certificates and notices affecting the liens, and certificates discharging the liens shall be filed in the office of the t…

§ 2052. Recording of notice of lien When a notice of a federal lien is filed, the town clerk shall forthwith record the same in alphabetical order in a book kept for that purpose with the date and hour of filing the lien. A town clerk shall keep on file in the clerk’s office the …

§ 2053. Discharge of lien When a certificate of discharge of a federal lien is filed in the office of the town clerk, the town clerk shall enter the same, with the date of filing, upon the same page of the record where the notice of the lien is filed, and permanently attach the o…

§ 2071. Liens for service of stallions Colts foaled in this State and the mare producing the same shall be subject to a lien to secure the payment of the service fee of the stallion. Such lien shall continue in force until the colt is eight months old and may be enforced by attac…

§ 2072. Filing of statement claiming lien On or before April 1, or within 30 days after such stallion is brought into such town, the owner or manager of the stallion shall annually file in the office of the clerk of the town where such stallion is kept a declaration of an intenti…

§ 2073. False statements in claim of lien If the owner or manager in such statement makes a false representation regarding the pedigree of such stallion, the lien for such service shall be discharged and the service fee thereon secured shall be forfeited.

§ 2074. Penalty for fraudulent sale of mare When the owner or manager of a stallion has complied with the requirements of section 2072 of this title, if the owner or person in whose name a mare has been mated with such stallion for breeding purposes disposes of such mare by sale …

§ 2075. Lien for keeping or pasturing animals A person to whom charges are due for pasturing, boarding, or keeping domestic animals placed with the consent of the owner thereof in his or her care, if the charges become due while such animals remain in his or her possession, may r…

§ 2091. Attachment not waiver of implied lien A person holding personal property by a lien implied by law to ensure the payment of the debt secured by such lien, may cause the property to be attached on mesne process and sold on execution and such attachment shall not be a waiver…

§ 2151. Nature and form of assignment An assignment of property, including choses in action, by a debtor for the benefit of creditors shall be in writing and signed by the debtor. If real estate is assigned, it shall be by deed, executed and recorded in the same manner as a conve…

§ 2152. Schedule; list of creditors Assignments shall be specific and accompanied by a full inventory or schedule of the property assigned, including choses in action, and with a list of the creditors to be benefited by the assignment and the sums due each one as near as may be.

§ 2153. Copy of assignment to be filed The assignor and assignee shall file in the clerk’s office in the county where the assignor resides, and also where the property assigned is situated at the time of making such assignment, a copy of the assignment and inventory, including ch…

§ 2154. Assignee’s bond The assignee shall execute to the Superior Court for the unit in which the assignor resides a bond with sureties to the satisfaction of such court and conditioned for the faithful performance of such trust. The assignee shall execute such bond at the time …

§ 2155. Failure to file copy of assignment or to execute bond Unless such copies are filed as directed in section 2153 of this title and such bond is executed as directed in section 2154 of this title, the property so assigned shall be liable to trustee process and to attachment …

§ 2156. Assignee’s duties The assignee shall proceed with reasonable dispatch in the discharge of his or her trust to the completion of the same. When completed, he or she shall file with the clerk of such Superior Court a copy of the settlement of his or her trust account showin…

§ 2157. Application to Superior judge for settlement of account by assignee If, in the opinion of a creditor of the assignor named in the assignment, the assignee neglects to settle his or her trust and file a copy of his or her account with the county clerk for an unreasonable l…

§ 2158. Powers of Superior judge The Superior judge may hear such application upon notice being given to the assignee, make necessary orders in the premises, and allow or refuse costs upon such application and hearing as he or she thinks equitable. He or she shall enforce the ord…

§ 2285. Definitions As used in this chapter: (1) “Affiliate” means: (A) a person who directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities: (i) as a f…

§ 2286. Insolvency (a) A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets. (b) A debtor who is generally not paying his or her debts as they become due other than as a result of a bona fide dispute is presum…

§ 2287. Value (a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of …

§ 2288. Transfer or obligation voidable as to present or future creditor (a) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor mad…

§ 2289. Transfer or obligation voidable as to present creditor (a) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligat…

§ 2290. When transfer is made or obligation is incurred For the purposes of this chapter: (1) a transfer is made: (A) with respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asse…

§ 2291. Remedies of creditor (a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in section 2292 of this title, may obtain: (1) avoidance of the transfer or obligation to the extent necessary to satisfy the credi…

§ 2292. Defenses, liability, and protection of transferee or obligee (a) A transfer or obligation is not voidable under subdivision 2288(a)(1) of this title against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or oblig…

§ 2293. Extinguishment of claim for relief A claim for relief with respect to a transfer or obligation under this chapter is extinguished unless action is brought: (1) under subdivision 2288(a)(1) of this title, not later than four years after the transfer was made or the obligat…

§ 2294. Governing law (a) In this section, the following rules determine a debtor’s location: (1) A debtor who is an individual is located at the individual’s principal residence. (2) A debtor that is an organization and has only one place of business is located at its place of b…

§ 2295. Application to series organization (a) In this section: (1) “Protected series” means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in subd…

§ 2296. Supplementary provisions Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or oth…

§ 2297. Uniformity of application and construction This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. (Added 1995, No. 179 (Adj. Sess.), § 14; amended 2017, No…

§ 2298. Relation to Electronic Signatures in Global and National Commerce Act This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. § 7001(c), or aut…

§ 2299. Short title This chapter, which was formerly cited as the Uniform Fraudulent Transfer Act, may be cited as the Uniform Voidable Transactions Act. (Added 2017, No. 20, § 1.)

§ 2311. Civil remedy for bad checks; damages (a) In any action against a person who makes, issues, or draws any check, draft, or order for the payment of money that has been dishonored for lack of funds or credit to pay the same, or because the maker, issuer, or drawer has no acc…