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Current as of March 28, 2024 | Updated by FindLaw Staff
(a) In this section:
(1) “Adverse claim” means a claim that a claimant has a property interest in a virtual currency and that it is a violation of the rights of the claimant for another person to hold, transfer, or deal with the virtual currency.
(2) “Qualifying purchaser” means a purchaser that obtains control of a virtual currency for value and without notice of any adverse claim.
(b) Subject to subsections (c) through (h), law other than this chapter determines whether a person acquires rights in a virtual currency and the rights that the person acquires.
(c) A purchaser of a virtual currency acquires all rights in the virtual currency that the transferor had or had power to transfer.
(d) A purchaser of a limited interest in a virtual currency acquires rights only to the extent of the interest purchased.
(e) In addition to acquiring the rights of a purchaser, a qualifying purchaser acquires its rights in a virtual currency free of any adverse claim.
(f) An action based on an adverse claim to a virtual currency, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against a qualifying purchaser that acquires its interest in, and obtains control of, the virtual currency for value and without notice of the adverse claim.
(g) A person has notice of an adverse claim if:
(1) the person knows of the adverse claim; or
(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.
(h) Filing of a financing statement under Chapter 9 is not notice of an adverse claim to a virtual currency.
Cite this article: FindLaw.com - Arkansas Code Title 4. Business and Commercial Law § 4-11-104. Rights in virtual currency - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-4-business-and-commercial-law/ar-code-sect-4-11-104/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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