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- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 8. Investment Securities
- Section 112. Creditor's Legal Process.
previous: Section 111. Clearing Corporation Rules.
next: Section 113. Statute of Frauds Inapplicable.
AS 45.08.112. Creditor's Legal Process.
- (a) The interest of a debtor in a certificated security may be reached by a creditor only by actual seizure of the
security certificate by the officer making the attachment or levy, except as otherwise provided in (d) of this section.
However, a certificated security for which the certificate has been surrendered to the issuer may be reached by a
creditor by legal process upon the issuer.
- (b) The interest of a debtor in an uncertificated security may be reached by a creditor only by legal process upon the
issuer at its chief executive office in the United States, except as otherwise provided in (d) of this section.
- (c) The interest of a debtor in a security entitlement may be reached by a creditor only by legal process upon the
securities intermediary with whom the debtor's securities account is maintained, except as otherwise provided in (d) of
this section.
- (d) The interest of a debtor in a certificated security for which the certificate is in the possession of a secured party,
or in an uncertificated security registered in the name of a secured party, or a security entitlement maintained in the
name of a secured party, may be reached by a creditor by legal process upon the secured party.
- (e) A creditor whose debtor is the owner of a certificated security, uncertificated security, or security entitlement is
entitled to aid from a court of competent jurisdiction, by injunction or otherwise, in reaching the certificated
security, uncertificated security, or security entitlement or in satisfying the claim by means allowed at law or in
equity in regard to property that cannot readily be reached by other legal process.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2004. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort
has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
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Last modified 9/3/2005