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Current as of January 01, 2024 | Updated by FindLaw Staff
1. If an owner of a certificated security, whether in registered or bearer form, claims that the certificate has been lost, destroyed, or wrongfully taken, the issuer shall issue a new certificate if the owner:
a. So requests before the issuer has notice that the certificate has been acquired by a protected purchaser;
b. Files with the issuer a sufficient indemnity bond; and
c. Satisfies other reasonable requirements imposed by the issuer.
2. If, after the issue of a new security certificate, a protected purchaser of the original certificate presents it for registration of transfer, the issuer shall register the transfer unless an overissue would result. In that case, the issuer's liability is governed by section 41-08-26. In addition to any rights on the indemnity bond, an issuer may recover the new certificate from a person to whom it was issued or any person taking under that person, except a protected purchaser.
Cite this article: FindLaw.com - North Dakota Century Code Title 41. Uniform Commercial Code § 41-08-38. (8-405) Replacement of lost, destroyed, or wrongfully taken security certificate - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-41-uniform-commercial-code/nd-cent-code-sect-41-08-38/
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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