9A V.S.A. § 205 — VT Code / Title 9A / Chapter 9 / Section 205
§§ 9-205. Use or disposition of collateral permissible
Status: in_force

(a) A security interest is not invalid or fraudulent against creditors solely because:

(1) the debtor has the right or ability to:

(A) use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods;

(B) collect, compromise, enforce, or otherwise deal with collateral;

(C) accept the return of collateral or make repossessions; or

(D) use, commingle, or dispose of proceeds; or

(2) the secured party fails to require the debtor to account for proceeds or replace collateral.

(b) This section does not relax the requirements of possession if attachment, perfection, or enforcement of a security interest depends upon possession of the collateral by the secured party.
9A V.S.A. § 204 — VT Code / Title 9A / Chapter 3 / Section 204
§§ 3-204. Indorsement
Status: in_force

(a) “Indorsement” means a signature, other than that of a signer as maker, drawer, or acceptor, that alone or accompanied by other words is made on an instrument for the purpose of (i) negotiating the instrument, (ii) restricting payment of the instrument, or (iii) incurring indorser's liability on the instrument, but regardless of the intent of the signer, a signature and its accompanying words is an indorsement unless the accompanying words, terms of the instrument, place of the signature, or other circumstances unambiguously indicate that the signature was made for a purpose other than indorsement. For the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument.

(b) “Indorser” means a person who makes an indorsement.

(c) For the purpose of determining whether the transferee of an instrument is a holder, an indorsement that transfers a security interest in the instrument is effective as an unqualified indorsement of the instrument.

(d) If an instrument is payable to a holder under a name that is not the name of the holder, indorsement may be made by the holder in the name stated in the instrument or in the holder's name or both, but signature in both names may be required by a person paying or taking the instrument for value or collection.
9 V.S.A. § 4471 — VT Code / Title 9 / Chapter 137 / Section 4471
§ 4471. Definitions
Status: in_force

As used in this subchapter:

(1) “Abuse” has the same meaning as in 15 V.S.A. § 1101.

(2) “Protected tenant” means a tenant who is:

(A) a victim of abuse, sexual assault, or stalking;

(B) a parent, foster parent, legal guardian, or caretaker with at least partial physical custody of a victim of abuse, sexual assault, or stalking.

(3) “Sexual assault” and “stalking” have the same meaning as in 12 V.S.A. § 5131.
9 V.S.A. § 1925 — VT Code / Title 9 / Chapter 51 / Section 1925
§ 1925. Foreclosure
Status: in_force

Within five months after the date of such judgment, the plaintiff may cause a certified copy of the record thereof to be recorded in the office of the clerk of the town in which such real estate or other property is situated. Thereupon the same shall be holden for the amount due upon such judgment, with the costs of such copy and recording the same, as if it had been mortgaged for the payment thereof, from the time of the visible commencement of work or delivery of materials, subject, however, to the priorities provided in section 1921 of this title, and the plaintiff may obtain possession and foreclose the defendant's equity of redemption as in case of a mortgage.
9A V.S.A. § 323 — VT Code / Title 9A / Chapter 9 / Section 323
§§ 9-323. Future advances
Status: in_force

(a) Except as otherwise provided in subsection (c) of this section, for purposes of determining the priority of a perfected security interest under subdivision 9—322(a)(1) of this title, perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:

(1) is made while the security interest is perfected only:

(A) under section 9—309 of this title when it attaches; or

(B) temporarily under subsection 9—312(e), (f), or (g) of this title; and

(2) is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under section 9—309 or subsection 9—312(e), (f), or (g) of this title.

(b) Except as otherwise provided in subsection (c) of this section, a security interest is subordinate to the rights of a person that becomes a lien creditor to the extent that the security interest secures an advance made more than 45 days after the person becomes a lien creditor, unless the advance is made:

(1) without knowledge of the lien; or

(2) pursuant to a commitment entered into without knowledge of the lien.

(c) Subsections (a) and (b) of this section do not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor.

(d) Except as otherwise provided in subsection (e) of this section, a buyer of goods takes free of a security interest to the extent that it secures advances made after the earlier of:

(1) the time the secured party acquires knowledge of the buyer's purchase; or

(2) 45 days after the purchase.

(e) Subsection (d) of this section does not apply if the advance is made pursuant to a commitment entered into without knowledge of the buyer's purchase and before the expiration of the 45 day period.

(f) Except as otherwise provided in subsection (g) of this section, a lessee of goods takes the leasehold interest free of a security interest to the extent that it secures advances made after the earlier of:

(1) the time the secured party acquires knowledge of the lease; or

(2) 45 days after the lease contract becomes enforceable.

(g) Subsection (f) of this section does not apply if the advance is made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the 45-day period.
9 V.S.A. § 2524 — VT Code / Title 9 / Chapter 71 / Section 2524
§ 2524. Duration and renewal
Status: in_force

Registrations recorded under the provisions of this subchapter shall be effective for 10 years and shall be renewable for like periods upon application to the Secretary of State and payment of the fee specified in section 2523 of this title. Registrants of trademarks recorded hereunder shall be notified by the Secretary of State of the necessity of renewal within the one-year period next preceding the expiration of the 10 years from the date of registration. Trademarks previously registered under sections 7757 to 7762, inclusive, of the Vermont Statutes, Revision of 1947, shall expire six months after January 1, 1958, or 10 years from the date of their registration, whichever date is later, and applications for re-registration may be made within the six months' period preceding the expiration of the original registration. The fee for a re-registration under the provisions of this section shall be $20.00.
9A V.S.A. § 305 — VT Code / Title 9A / Chapter 7 / Section 305
§§ 7-305. Destination bills
Status: in_force

(a) Instead of issuing a bill of lading to the consignor at the place of shipment, a carrier, at the request of the consignor, may procure the bill to be issued at destination or at any other place designated in the request.

(b) Upon request of any person entitled as against a carrier to control the goods while in transit and on surrender of possession or control of any outstanding bill of lading or other receipt covering the goods, the issuer, subject to section 7-105 of this title, may procure a substitute bill to be issued at any place designated in the request.
9A V.S.A. § 102 — VT Code / Title 9A / Chapter 12 / Section 102
§§ 12-102. Definitions
Status: in_force

(a) In this article:

(1) “Controllable electronic record” means a record stored in an electronic medium that can be subjected to control under section 12—105 of this title. The term does not include a controllable account, a controllable payment intangible, a deposit account, an electronic copy of a record evidencing chattel paper, an electronic document of title, electronic money, investment property, or a transferable record.

(2) “Qualifying purchaser” means a purchaser of a controllable electronic record or an interest in a controllable electronic record that obtains control of the controllable electronic record for value, in good faith, and without notice of a claim of a property right in the controllable electronic record.

(3) “Transferable record” has the meaning provided for that term:

(A) in section 201(a)(1) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7021(a)(1), as may be amended; or

(B) as defined in 9 V.S.A. § 285.

(4) “Value” has the meaning provided in subsection 3—303(a) of this title, as if references in that subsection to an “instrument” were references to a controllable account, controllable electronic record, or controllable payment intangible.

(b) The definitions in Article 9 of this title of “account debtor,” “controllable account,” “controllable payment intangible,” “chattel paper,” “deposit account,” “electronic money,” and “investment property” apply to this article.
9 V.S.A. § 3688 — VT Code / Title 9 / Chapter 93 / Section 3688
§ 3688. Acquisition and compensation proceedings
Status: in_force

Acquisition and compensation proceedings for the purposes of this subchapter shall be in accordance with the provisions of 19 V.S.A. chapter 5 but preliminary public hearings under 19 V.S.A. § 502 need not be conducted and business loss shall not be considered an item of compensable damages.
9 V.S.A. § 2454a — VT Code / Title 9 / Chapter 63 / Section 2454a
§ 2454a. Consumer contracts; automatic renewal
Status: in_force

(a) A contract between a consumer and a seller or a lessor with an initial term of one year or longer that renews for a subsequent term that is longer than one month shall not renew automatically unless:

(1) the contract states clearly and conspicuously the terms of the automatic renewal provision in plain, unambiguous language in bold-face type;

(2) in addition to accepting the contract, the consumer takes an affirmative action to opt in to the automatic renewal provision; and

(3) if the consumer opts in to the automatic renewal provision, the seller or lessor provides a written or electronic notice to the consumer:

(A) not less than 30 days and not more than 60 days before the earliest of:

(i) the automatic renewal date;

(ii) the termination date; or

(iii) the date by which the consumer must provide notice to cancel the contract; and

(B) that includes:

(i) the date the contract will terminate and a clear statement that the contract will renew automatically unless the consumer cancels the contract on or before the termination date; and

(ii) the length and any additional terms of the renewal period.

(b) A seller or lessor under a contract subject to subsection (a) of this section shall:

(1) provide to the consumer a toll-free telephone number, e-mail address, a postal address if the seller or lessor directly bills the consumer, or another cost-effective, timely, and easy-to-use mechanism for canceling the contract; and

(2) if the consumer accepted the contract online, permit the consumer to terminate the contract exclusively online, which may include a termination e-mail formatted and provided by the seller or lessor that the consumer can send without additional information.

(c) A person who violates a provision of this section commits an unfair and deceptive act in commerce in violation of section 2453 of this title.

(d) The provisions of this section do not apply to:

(1) a contract between a consumer and a financial institution, as defined in 8 V.S.A. § 11101, or between a consumer and a credit union, as defined in 8 V.S.A. § 30101; or

(2) a contract for insurance, as defined in 8 V.S.A. § 3301a.
9A V.S.A. § 701 — VT Code / Title 9A / Chapter 2 / Section 701
§§ 2-701. Remedies for breach of collateral contracts not impaired
Status: in_force

Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of this article.
9A V.S.A. § 206 — VT Code / Title 9A / Chapter 3 / Section 206
§§ 3-206. Restrictive indorsement
Status: in_force

(a) An indorsement limiting payment to a particular person or otherwise prohibiting further transfer or negotiation of the instrument is not effective to prevent further transfer or negotiation of the instrument.

(b) An indorsement stating a condition to the right of the indorsee to receive payment does not affect the right of the indorsee to enforce the instrument. A person paying the instrument or taking it for value or collection may disregard the condition, and the rights and liabilities of that person are not affected by whether the condition has been fulfilled.

(c) If an instrument bears an indorsement (i) described in section 4—201(b) of this title, or (ii) in blank or to a particular bank using the words “for deposit,” “for collection,” or other words indicating a purpose of having the instrument collected by a bank for the indorser or for a particular account, the following rules apply:

(1) A person, other than a bank, who purchases the instrument when so indorsed converts the instrument unless the amount paid for the instrument is received by the indorser or applied consistently with the indorsement.

(2) A depositary bank that purchases the instrument or takes it for collection when so indorsed converts the instrument unless the amount paid by the bank with respect to the instrument is received by the indorser or applied consistently with the indorsement.

(3) A payor bank that is also the depositary bank or that takes the instrument for immediate payment over the counter from a person other than a collecting bank converts the instrument unless the proceeds of the instrument are received by the indorser or applied consistently with the indorsement.

(4) Except as otherwise provided in paragraph (3) of this subsection, a payor bank or intermediary bank may disregard the indorsement and is not liable if the proceeds of the instrument are not received by the indorser or applied consistently with the indorsement.

(d) Except for an indorsement covered by subsection (c) of this section, if an instrument bears an indorsement using words to the effect that payment is to be made to the indorsee as agent, trustee, or other fiduciary for the benefit of the indorser or another person, the following rules apply:

(1) Unless there is notice of breach of fiduciary duty as provided in section 3—307 of this title, a person who purchases the instrument from the indorsee or takes the instrument from the indorsee for collection or payment may pay the proceeds of payment or the value given for the instrument to the indorsee without regard to whether the indorsee violates a fiduciary duty to the indorser.

(2) A subsequent transferee of the instrument or person who pays the instrument is neither given notice nor otherwise affected by the restriction in the indorsement unless the transferee or payor knows that the fiduciary dealt with the instrument or its proceeds in breach of fiduciary duty.

(e) The presence on an instrument of an indorsement to which this section applies does not prevent a purchaser of the instrument from becoming a holder in due course of the instrument unless the purchaser is a converter under subsection (c) of this section or has notice or knowledge of breach of fiduciary duty as stated in subsection (d) of this section.

(f) In an action to enforce the obligation of a party to pay the instrument, the obligor has a defense if payment would violate an indorsement to which this section applies and the payment is not permitted by this section.
9A V.S.A. § 218 — VT Code / Title 9A / Chapter 2A / Section 218
§§ 2A-218. Insurance and proceeds
Status: in_force

(1) A lessee obtains an insurable interest when existing goods are identified to the lease contract even though the goods identified are nonconforming and the lessee has an option to reject them.

(2) If a lessee has an insurable interest only by reason of the lessor's identification of the goods, the lessor, until default or insolvency or notification to the lessee that identification is final, may substitute other goods for those identified.

(3) Notwithstanding a lessee's insurable interest under subsections (1) and (2) of this section, the lessor retains an insurable interest until an option to buy has been exercised by the lessee and risk of loss has passed to the lessee.

(4) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.

(5) The parties by agreement may determine that one or more parties have an obligation to obtain and pay for insurance covering the goods and by agreement may determine the beneficiary of the proceeds of the insurance.
9A V.S.A. § 706 — VT Code / Title 9A / Chapter 9 / Section 706
§§ 9-706. When initial financing statement suffices as continuation statement
Status: in_force

(a) The filing of an initial financing statement in the office specified in section 9—501 of this title as in effect on and after July 1, 2001, continues the effectiveness of a financing statement filed before July 1, 2001 for the period provided in section 9—515 of this title as in effect on and after July 1, 2001, with respect to an initial financing statement if:

(1) the filing of an initial financing statement in that office would be effective to perfect a security interest under the provisions of this article as in effect on and after July 1, 2001;

(2) the preeffective-date financing statement was filed in an office in another state or another office in this state; and

(3) the initial financing statement satisfies subsection (c) of this section.

(b) Period of continued effectiveness. The filing of an initial financing statement under subsection (a) of this section continues the effectiveness of the preffective-date financing statement:

(1) if the initial financing statement is filed before July 1, 2001, for the period provided in section 9—403 of this title as in effect prior to July 1, 2001, with respect to a financing statement; and

(2) if the financing statement is filed after July 1, 2001, for the period provided in section 9—515 of this title as in effect on and after July 1, 2001, with respect to an initial financing statement.

(c) Requirements for initial financing statement under subsection (a) of this section. To be effective for purposes of subsection (a) of this section, an initial financing statement must:

(1) satisfy the requirements of Part 5 of this article for an initial financing statement;

(2) identify the preeffective-date financing statement by indicating the office in which the financing statement was filed, and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and

(3) indicate that the preeffective-date financing statement remains effective.
9A V.S.A. § 327 — VT Code / Title 9A / Chapter 9 / Section 327
§§ 9-327. Priority of security interests in deposit account
Status: in_force

The following rules govern priority among conflicting security interests in the same deposit account:

(1) A security interest held by a secured party having control of the deposit account under section 9—104 of this title has priority over a conflicting security interest held by a secured party that does not have control.

(2) Except as otherwise provided in subdivisions (3) and (4) of this section, security interests perfected by control under section 9—314 of this title rank according to priority in time of obtaining control.

(3) Except as otherwise provided in subdivision (4) of this section, a security interest held by the bank with which the deposit account is maintained has priority over a conflicting security interest held by another secured party.

(4) A security interest perfected by control under subdivision 9—104(a)(3) of this title has priority over a security interest held by the bank with which the deposit account is maintained.
9A V.S.A. § 503 — VT Code / Title 9A / Chapter 9 / Section 503
§§ 9-503. Name of debtor and secured party
Status: in_force

(a) A financing statement sufficiently provides the name of the debtor:

(1) except as otherwise provided in subdivision (3) of this subsection, if the debtor is a registered organization or the collateral is held in a trust that is a registered organization, only if the financing statement provides the name that is stated to be the registered organization's name on the public organic record most recently filed with or issued or enacted by the registered organization's jurisdiction of organization which purports to state, amend, or restate the registered organization's name;

(2) subject to subsection (f) of this section, if the collateral is being administered by the personal representative of a decedent, only if the financing statement provides, as the name of the debtor, the name of the decedent and, in a separate part of the financing statement, indicates that the collateral is being administered by a personal representative;

(3) if collateral is held in a trust that is not a registered organization, only if the financing statement:

(A) provides, as the name of the debtor:

(i) if the organic record of the trust specifies a name for the trust, the name specified; or

(ii) if the organic record of the trust does not specify a name for the trust, the name of the settlor or testator; and

(B) in a separate part of the financing statement:

(i) if the name is provided in accordance with subdivision (3)(A)(i) of this subsection, indicates that the collateral is held in a trust; or

(ii) if the name is provided in accordance with subdivision (3)(A)(ii) of this subsection, provides additional information sufficient to distinguish the trust from other trusts having one or more of the same settlors or the same testator and indicates that the collateral is held in a trust, unless the additional information so indicates;

(4) subject to subsection (g) of this section, if the debtor is an individual to whom this state has issued a driver's license that has not expired, only if the financing statement provides the name of the individual which is indicated on the driver's license;

(5) if the debtor is an individual to whom subdivision (4) of this subsection does not apply, only if the financing statement provides the individual name of the debtor or the surname and first personal name of the debtor; and

(6) in other cases:

(A) if the debtor has a name, only if the financing statement provides the organizational name of the debtor; and

(B) if the debtor does not have a name, only if it provides the names of the partners, members, associates, or other persons comprising the debtor, in a manner that each name provided would be sufficient if the person named were the debtor.

(b) A financing statement that provides the name of the debtor in accordance with subsection (a) of this section is not rendered ineffective by the absence of:

(1) a trade name or other name of the debtor; or

(2) unless required under subdivision (a)(6)(B) of this section, names of partners, members, associates, or other persons comprising the debtor.

(c) A financing statement that provides only the debtor's trade name does not sufficiently provide the name of the debtor.

(d) Failure to indicate the representative capacity of a secured party or representative of a secured party does not affect the sufficiency of a financing statement.

(e) A financing statement may provide the name of more than one debtor and the name of more than one secured party.

(f) The name of the decedent indicated on the order appointing the personal representative of the decedent issued by the court having jurisdiction over the collateral is sufficient as the “name of the decedent” under subdivision (a)(2) of this section.

(g) If this state has issued to an individual more than one driver's license of a kind described in subdivision (a)(4) of this section, the one that was issued most recently is the one to which subdivision (a)(4) of this section refers.

(h) In this section, the “name of the settlor or testator” means:

(1) if the settlor is a registered organization, the name that is stated to be the settlor's name on the public organic record most recently filed with or issued or enacted by the settlor's jurisdiction of organization which purports to state, amend, or restate the settlor's name; or

(2) in other cases, the name of the settlor or testator indicated in the trust's organic record.
9 V.S.A. § 1922 — VT Code / Title 9 / Chapter 51 / Section 1922
§ 1922. Effect of lien
Status: in_force

Unless a person has satisfied or paid the claim upon which such lien is founded after the person has received written notice of a lien as provided for in subsection 1921(b) of this title, or unless the lien has not been perfected within the time required under section 1924 of this title, such person shall not deed, mortgage, or otherwise convey property that is subject to a lien as provided herein without disclosing such lien to the vendee or mortgagee in writing or stating the existence of the same in the instrument conveying or mortgaging such property. If the person shall fail so to disclose such lien, he or she shall be liable to the person injured in a civil action on this statute for the damages so sustained.
9 V.S.A. § 4103 — VT Code / Title 9 / Chapter 109 / Section 4103
§ 4103. Supplier's disclosure to dealer
Status: in_force

A supplier shall disclose in writing to any prospective dealer the following information, before any agreement is concluded:

(1) the gallonage volume history, if any, of the location under negotiation for and during the three-year period immediately past or for the entire period that the location has been supplied by the supplier, whichever is shorter;

(2) the name and last known address of the previous dealer or dealers for the last three years, or for the entire period during which the location has been supplied by the supplier, whichever is shorter, and the reason or reasons for the termination, if unilateral by the supplier, of each dealer agreement;

(3) any legal document committing the location for sale, demolition, or other disposition in effect prior to the termination date of the agreement;

(4) the training programs, if any, and the specific goods and services the supplier will provide without cost to the dealer;

(5) full disclosure of any and all documents or obligations that the dealer will be required to execute at the inception of the relationship; and

(6) full disclosure of all restrictions on the sale, transfer, renewal, and termination of the agreement that are not covered by the documents submitted under subdivision (5) of this section.
9 V.S.A. § 2494h — VT Code / Title 9 / Chapter 63 / Section 2494h
§ 2494h. Certificate of compliance [Effective January 1, 2026]
Status: in_force

(a) The Attorney General may request a certificate of compliance from a manufacturer of a consumer product regulated under this subchapter. Within 60 days after receipt of the Attorney General's request for a certificate of compliance, the manufacturer shall:

(1) provide the Attorney General with a certificate attesting that the manufacturer's product or products comply with the requirements of this subchapter; or

(2) notify persons who are selling a product of the manufacturer's in this State that the sale is prohibited because the product does not comply with this subchapter and submit to the Attorney General a list of the names and addresses of those persons notified.

(b) A manufacturer required to submit a certificate of compliance pursuant to this section may rely upon a certificate of compliance provided to the manufacturer by a supplier for the purpose of determining the manufacturer's reporting obligations. A certificate of compliance provided by a supplier in accordance with this subsection shall be used solely for the purpose of determining a manufacturer's compliance with this section.
9A V.S.A. § 102 — VT Code / Title 9A / Chapter 2 / Section 102
§§ 2-102. Scope; certain security and other transactions excluded from this article
Status: in_force

(a) Unless the context otherwise requires, and except as provided in subsection (c) of this section, this article applies to transactions in goods and, in the case of a hybrid transaction, it applies to the extent provided in subsection (b) of this section.

(b) In a hybrid transaction:

(1) If the sale-of-goods aspects do not predominate, only the provisions of this article which relate primarily to the sale-of-goods aspects of the transaction apply, and the provisions that relate primarily to the transaction as a whole do not apply.

(2) If the sale-of-goods aspects predominate, this article applies to the transaction but does not preclude application in appropriate circumstances of other law to aspects of the transaction which do not relate to the sale of goods.

(c) This article does not:

(1) apply to a transaction that, even though in the form of an unconditional contract to sell or present sale, operates only to create a security interest; or

(2) impair or repeal a statute regulating sales to consumers, farmers, or other specified classes of buyers.
9A V.S.A. § 304 — VT Code / Title 9A / Chapter 7 / Section 304
§§ 7-304. Tangible bills of lading in a set
Status: in_force

(a) Except as customary in international transportation, a tangible bill of lading may not be issued in a set of parts. The issuer is liable for damages caused by violation of this subsection.

(b) If a tangible bill of lading is lawfully issued in a set of parts, each of which contains an identification code and is expressed to be valid only if the goods have not been delivered against any other part, the whole of the parts constitutes one bill.

(c) If a tangible negotiable bill of lading is lawfully issued in a set of parts and different parts are negotiated to different persons, the title of the holder to which the first due negotiation is made prevails as to both the document of title and the goods even if any later holder may have received the goods from the carrier in good faith and discharged the carrier's obligation by surrendering its part.

(d) A person that negotiates or transfers a single part of a tangible bill of lading issued in a set is liable to holders of that part as if it were the whole set.

(e) The bailee shall deliver in accordance with part 4 of this article against the first presented part of a tangible bill of lading lawfully issued in a set. Delivery in this manner discharges the bailee's obligation on the whole bill.
9 V.S.A. § 2697a — VT Code / Title 9 / Chapter 73 / Section 2697a
§ 2697a. Motor fuel octane content and quality
Status: repealed

(a) It shall be unlawful for a person to misrepresent the octane content or the quality of motor fuel sold or offered for sale in this State. The Secretary may randomly test motor fuel dispensers and motor fuel for the accuracy of any advertised, labeled, or other declarations regarding the octane content and the quality of the fuel dispensed.

(b) The Secretary may adopt rules concerning octane and quality standards for motor fuels deemed necessary to carry out the provisions of this section.

(c) [Repealed.]

(d) Any person who sells gasoline to a retail outlet and any person who sells gasoline to the public shall maintain records as required under 15 U.S.C. § 2821 et seq. and the rules adopted thereunder, and shall provide copies of such records to the Secretary upon request.
9A V.S.A. § 324 — VT Code / Title 9A / Chapter 9 / Section 324
§§ 9-324. Priority of purchase-money security interests
Status: in_force

(a) Except as otherwise provided in subsection (g) of this section, a perfected purchase money security interest in goods other than inventory or livestock has priority over a conflicting security interest in the same goods, and, except as otherwise provided in section 9—327 of this title, a perfected security interest in its identifiable proceeds also has priority, if the purchase-money security interest is perfected when the debtor receives possession of the collateral or within 20 days thereafter.

(b) Subject to subsection (c) of this section and except as otherwise provided in subsection (g) of this section, a perfected purchase-money security interest in inventory has priority over a conflicting security interest in the same inventory, has priority over a conflicting security interest in chattel paper or an instrument constituting proceeds of the inventory and in proceeds of the chattel paper, if so provided in section 9—330 of this title, and, except as otherwise provided in section 9—327 of this title, also has priority in identifiable cash proceeds of the inventory to the extent the identifiable cash proceeds are received on or before the delivery of the inventory to a buyer, if:

(1) the purchase-money security interest is perfected when the debtor receives possession of the inventory;

(2) the purchase-money secured party sends a signed notification to the holder of the conflicting security interest;

(3) the holder of the conflicting security interest receives the notification within five years before the debtor receives possession of the inventory; and

(4) the notification states that the person sending the notification has or expects to acquire a purchase-money security interest in inventory of the debtor and describes the inventory.

(c) Subdivisions (b)(2) through (4) of this section apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of inventory:

(1) if the purchase-money security interest is perfected by filing, before the date of the filing; or

(2) if the purchase-money security interest is temporarily perfected without filing or possession under subsection 9—312(f) of this title, before the beginning of the 20-day period thereunder.

(d) Subject to subsection (e) of this section and except as otherwise provided in subsection (g) of this section, a perfected purchase-money security interest in livestock that are farm products has priority over a conflicting security interest in the same livestock, and, except as otherwise provided in section 9—327 of this title, a perfected security interest in their identifiable proceeds and identifiable products in their unmanufactured states also has priority, if:

(1) the purchase-money security interest is perfected when the debtor receives possession of the livestock;

(2) the purchase-money secured party sends a signed notification to the holder of the conflicting security interest;

(3) the holder of the conflicting security interest receives the notification within six months before the debtor receives possession of the livestock; and

(4) the notification states that the person sending the notification has or expects to acquire a purchase-money security interest in livestock of the debtor and describes the livestock.

(e) Subdivisions (d)(2) through (4) of this section apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of livestock:

(1) if the purchase-money security interest is perfected by filing, before the date of the filing; or

(2) if the purchase-money security interest is temporarily perfected without filing or possession under subsection 9—312(f) of this title, before the beginning of the 20-day period thereunder.

(f) Except as otherwise provided in subsection (g) of this section, a perfected purchase-money security interest in software has priority over a conflicting security interest in the same collateral, and, except as otherwise provided in section 9—327 of this title, a perfected security interest in its identifiable proceeds also has priority, to the extent that the purchase-money security interest in the goods in which the software was acquired for use has priority in the goods and proceeds of the goods under this section.

(g) If more than one security interest qualifies for priority in the same collateral under subsection (a), (b), (d), or (f) of this section:

(1) a security interest securing an obligation incurred as all or part of the price of the collateral has priority over a security interest securing an obligation incurred for value given to enable the debtor to acquire rights in or the use of collateral; and

(2) in all other cases, subsection 9—322(a) of this title applies to the qualifying security interests.
9 V.S.A. § 2443e — VT Code / Title 9 / Chapter 62 / Section 2443e
§ 2443e. Applicability
Status: in_force

This subchapter does not:

(1) limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or under a court order;

(2) limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes;

(3) apply to general audience Internet websites, general audience online services, general audience online applications, or general audience mobile applications, even if login credentials created for an operator's site, service, or application may be used to access those general audience sites, services, or applications;

(4) limit service providers from providing Internet connectivity to schools or students and their families;

(5) prohibit an operator of an Internet website, online service, online application, or mobile application from marketing educational products directly to parents if the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under this subchapter;

(6) impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance with this subchapter on those applications or software;

(7) impose a duty upon a provider of an interactive computer service, as defined in 47 U.S.C. § 230, to review or enforce compliance with this subchapter by third-party content providers;

(8) prohibit students from downloading, exporting, transferring, saving, or maintaining their own student-created data or documents; or

(9) supersede the federal Family Educational Rights and Privacy Act or rules adopted pursuant to that Act.
9 V.S.A. § 5105 — VT Code / Title 9 / Chapter 150 / Section 5105
§ 5105. Electronic records and signatures
Status: in_force

This chapter modifies, limits, and supersedes 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. § 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b). This chapter authorizes the filing of records and signatures, when specified by provisions of this chapter or by a rule adopted or order issued under this chapter, in a manner consistent with 15 U.S.C. § 7004(a).
9 V.S.A. § 2470ee — VT Code / Title 9 / Chapter 63 / Section 2470ee
§ 2470ee. Cancellation and termination
Status: in_force

(a) In addition to any other right to revoke an offer, a consumer may cancel the purchase of a third-party discount membership program until midnight on the 30th day after the date the consumer has given express informed consent to be charged for the program. If the consumer cancels within the 30-day period, the seller of the third-party discount membership program shall, within 10 days of receiving the notice of cancellation, provide a full refund to the consumer.

(b)(1) Notice of cancellation shall be deemed given when deposited in a mailbox properly addressed and postage prepaid or when e-mailed to the e-mail address of the seller of the third-party discount membership program.

(2) A consumer may cancel a third-party discount membership program verbally by contacting the seller at a toll-free telephone number that the seller provides for that purpose.

(c) In addition to the right to cancel described in this subchapter, a consumer may terminate a third-party discount membership program at any time by providing notice to the seller by one of the methods described in this section. In that case, the consumer shall not be obligated to make any further payments under the program and shall not be entitled to any discounts under the program for any period of time after the last month for which payment has been made.

(d) If the seller of a third-party discount membership program cancels the program for any reason other than nonpayment by the consumer, the seller shall make pro rata reimbursement to the consumer of all periodic charges paid by the consumer for periods of time after cancellation. Prior to such cancellation, the seller shall first provide reasonable notice and an explanation of the cancellation in writing to the consumer.
9A V.S.A. § 612 — VT Code / Title 9A / Chapter 9 / Section 612
§§ 9-612. Timeliness of notification before disposition of collateral
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, whether a notification is sent within a reasonable time is a question of fact.

(b) In a transaction other than a consumer transaction, a notification of disposition sent after default and 10 days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition.
9A V.S.A. § 326 — VT Code / Title 9A / Chapter 9 / Section 326
§§ 9-326. Priority of security interests created by new debtor
Status: in_force

(a) Subject to subsection (b) of this section, a security interest that is created by a new debtor in collateral in which the new debtor has or acquires rights and is perfected solely by a filed financing statement that would be ineffective to perfect the security interest but for the application of subdivision 9—316(i)(1) or section 9—508 of this title is subordinate to a security interest in the same collateral which is perfected by another method.

(b) If more than one security interest in the same collateral is subordinate under subsection (a) of this section, the other provisions of this part determine the priority among the subordinated security interests.
9 V.S.A. § 2638 — VT Code / Title 9 / Chapter 73 / Section 2638
§ 2638. Stop-use, stop-removal, and removal orders
Status: in_force

The Secretary may issue stop-use orders, stop-removal orders, and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and issue stop-removal orders and removal orders with respect to packages or amounts of commodities kept, offered, or exposed for sale, sold, or in process of delivery, whenever in the course of his or her enforcement of this chapter he or she deems it necessary or expedient to issue such orders. No person may use, remove from the premises specified, or fail to remove from the premises specified, any weight, measure, or package or amount of commodity contrary to the terms of a stop-use order, stop-removal order, or removal order issued under this section.
9 V.S.A. § 4356 — VT Code / Title 9 / Chapter 134 / Section 4356
§ 4356. Effect of registration in beneficiary form
Status: in_force

The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
9 V.S.A. § 4602 — VT Code / Title 9 / Chapter 143 / Section 4602
§ 4602. Injunctive relief
Status: in_force

(a) A court may enjoin actual or threatened misappropriation of a trade secret. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.

(b) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.

(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
9 V.S.A. § 2463 — VT Code / Title 9 / Chapter 63 / Section 2463
§ 2463. Credit billing for certain home solicitation sales
Status: in_force

In the case of any home solicitation sale solicited or consummated by a seller in whole or in part by telephone that is paid for by means of an open-end consumer credit plan within the meaning of the federal Truth-in-Lending Act, 15 U.S.C. § 1601 et seq., the issuer of the credit card on which the consumer has charged the purchase shall, for one year from the date of the sale, or within any other time period available under applicable network operating rules in effect at the time of the sale, whichever is greater, and for the purpose of a disputed charge and reimbursement to the consumer, be subject to the claim or defense that the seller failed to comply with the disclosure requirements of subsection 2454(b) of this chapter and engaged in a related unfair or deceptive act or practice under subsection 2453(a) of this title, regardless of the amount of the purchase, the location of the seller, or the amount, if any, already paid by the consumer. Where a consumer has raised such a claim or defense, the issuer shall not report any negative information on the purchase to any consumer reporting agency as defined in the Fair Credit Reporting Act, 15 U.S.C. § 1681a(f), unless there is a judicial determination that the consumer's defense or claim is without merit, except that the issuer may report that there is a dispute with respect to the charge.
9A V.S.A. § 407 — VT Code / Title 9A / Chapter 8 / Section 407
§§ 8-407. Authenticating trustee, transfer agent, and registrar
Status: in_force

A person acting as authenticating trustee, transfer agent, registrar, or other agent for an issuer in the registration of a transfer of its securities, in the issue of new security certificates or uncertificated securities, or in the cancellation of surrendered security certificates has the same obligation to the holder or owner of a certificated or uncertificated security with regard to the particular functions performed as the issuer has in regard to those functions.
9A V.S.A. § 338 — VT Code / Title 9A / Chapter 9 / Section 338
§§ 9-338. Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information
Status: in_force

If a security interest or agricultural lien is perfected by a filed financing statement providing information described in subdivision 9-516(b)(5) of this title which is incorrect at the time the financing statement is filed:

(1) the security interest or agricultural lien is subordinate to a conflicting perfected security interest in the collateral to the extent that the holder of the conflicting security interest gives value in reasonable reliance upon the incorrect information; and

(2) a purchaser, other than a secured party, of the collateral takes free of the security interest or agricultural lien to the extent that, in reasonable reliance upon the incorrect information, the purchaser gives value and, in the case of tangible chattel paper, tangible documents, goods, instruments, or a security certificate, receives delivery of the collateral.
9A V.S.A. § 601 — VT Code / Title 9A / Chapter 2 / Section 601
§§ 2-601. Buyer's rights on improper delivery
Status: in_force

Subject to the provisions of this article on breach in installment contracts (§ 2—612) and unless otherwise agreed under the sections on contractual limitations of remedy (§§ 2—718 and 2—719), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may:

(a) reject the whole; or

(b) accept the whole; or

(c) accept any commercial unit or units and reject the rest.
9A V.S.A. § 412 — VT Code / Title 9A / Chapter 3 / Section 412
§§ 3-412. Obligation of issuer of note or cashier's check
Status: in_force

The issuer of a note or cashier's check or other draft drawn on the drawer is obliged to pay the instrument (i) according to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder, or (ii) if the issuer signed an incomplete instrument, according to its terms when completed, to the extent stated in sections 3—115 and 3—407 of this title. The obligation is owed to a person entitled to enforce the instrument or to an indorser who paid the instrument under section 3—415 of this title.
9A V.S.A. § 108 — VT Code / Title 9A / Chapter 4 / Section 108
§§ 4-108. Time of receipt of items
Status: in_force

(a) For the purpose of allowing time to process items, prove balances, and make the necessary entries on its books to determine its position for the day, a bank may fix an afternoon hour of 2 p.m. or later as a cutoff hour for the handling of money and items and the making of entries on its books.

(b) An item or deposit of money received on any day after a cutoff hour so fixed or after the close of the banking day may be treated as being received at the opening of the next banking day.
9 V.S.A. § 2744 — VT Code / Title 9 / Chapter 73 / Section 2744
§ 2744. Capacity; platform size; one-draft weighing
Status: in_force

A licensed public weighmaster shall not use any scale to weigh a load the value of which exceeds the nominal or rated capacity of the scale. When the gross or tare weight of any vehicle or combination of vehicles is to be determined, the weighing shall be performed upon a scale having a platform of sufficient size to accommodate such vehicle or combination of vehicles fully, completely, and as one entire unit. If a combination of vehicles must be broken up into separate units in order to be weighed as prescribed in this section, each such separate unit shall be entirely disconnected before weighing and a separate weight certificate shall be issued for each such separate unit.
9 V.S.A. § 4554 — VT Code / Title 9 / Chapter 141 / Section 4554
§ 4554. Complaint; investigation and conciliation
Status: in_force

(a) Any person who believes he or she has been subject to unlawful discrimination may file a complaint under oath with the Commission stating the facts concerning the alleged discrimination. Every complaint shall be reviewed by the staff of the Commission. If a complaint states a prima facie case, it may be accepted for investigation.

(b) An employee of the Commission may file a complaint alleging a prima facie violation of a prohibition against discrimination for the benefit of the victim of the alleged discrimination or of a described class. If at any time it is determined that a complaint filed under this subsection or under subsection (a) of this section does not state a prima facie case, it shall be dismissed.

(c) Upon receipt of such complaint under subsection (a) or (b) of this section, the Commission or its designated representative shall make every reasonable effort to resolve the matter by informal means prior to a determination whether there are reasonable grounds to believe that unlawful discrimination has occurred. The Commission or its designated representative shall conduct such preliminary investigation as it deems necessary to determine whether there are reasonable grounds to believe that unlawful discrimination has occurred. In conducting an investigation, the Commission or its designated representative shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy those materials and take and record the testimony or statements of such persons as are reasonably necessary. The Commission shall make every reasonable effort to interview each relevant and noncumulative witness identified by a party. If a witness is interviewed, a summary of the witness statement shall be included in any report prepared in connection with the complaint. Such statement shall be taken into consideration in determining whether or not there are reasonable grounds to believe that unlawful discrimination has occurred.

(d) If, after investigation, the staff of the Commission makes a preliminary recommendation that there are no reasonable grounds to believe unlawful discrimination occurred, the parties shall be notified of this preliminary recommendation of no reasonable grounds of unlawful discrimination prior to their appearance before the full Commission. If the Commission does not find reasonable grounds to believe that unlawful discrimination has occurred, it shall enter an order so finding, and dismiss the proceeding.

(e) If the Commission finds reasonable grounds to believe that unlawful discrimination has occurred, but does not find an emergency, it shall make every reasonable effort to eliminate the discrimination by informal means such as conference, conciliation, and persuasion. If the case is disposed of by informal means in a manner satisfactory to a majority of the Commission, it shall dismiss the proceeding. If the case is not disposed of by informal means in a manner satisfactory to a majority of the Commission within six months, it shall either bring an action in Superior Court as provided in section 4553 of this title or dismiss the proceedings, unless an extension is necessary to complete ongoing good faith negotiations and all parties consent to the extension.

(f) Failure to file a complaint under this section shall not affect any other remedies available under any other provision of State or federal law, unless the other provision of law specifically so provides.

(g) The Commission shall not represent the charging party or the respondent nor shall it favor any party in its handling of a complaint.

(h) In attempting to resolve the matter informally, the Commission may transmit to a party an offer of settlement. When an offer is transmitted the Commission shall:

(1) indicate which portion of the offer represents the settlement offer of the other party and which portion represents an offer by the Commission; and

(2) state that it has made no finding nor takes a position as to the reasonableness of the party's offer.
9 V.S.A. § 285 — VT Code / Title 9 / Chapter 20 / Section 285
§ 285. Transferable records
Status: in_force

(a) In this section, “transferable record” means an electronic record that:

(1) would be a note under 9A V.S.A. § 3—104 or a document under 9A V.S.A. § 7—102 if the electronic record were in writing; and

(2) the issuer of the electronic record expressly has agreed is a transferable record.

(b) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.

(c) A system satisfies subsection (b) of this section, and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that:

(1) a single authoritative copy of the transferable record exists that is unique, identifiable, and, except as otherwise provided in subdivisions (4), (5), and (6) of this subsection, unalterable;

(2) the authoritative copy identifies the person asserting control as:

(A) the person to which the transferable record was issued; or

(B) if the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;

(3) the authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;

(4) copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;

(5) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and

(6) any revision of the authoritative copy is readily identifiable as authorized or unauthorized.

(d) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in 9A V.S.A. § 1—201(b)(21), of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under Title 9A, including, if the applicable statutory requirements under 9A V.S.A. §§ 3—302(a), 7—501, or 9—308 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and endorsement are not required to obtain or exercise any of the rights under this subsection.

(e) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under Title 9A.

(f) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.
9A V.S.A. § 211 — VT Code / Title 9A / Chapter 4A / Section 211
§§ 4A-211. Cancellation and amendment of payment order
Status: in_force

(a) A communication of the sender of a payment order cancelling or amending the order may be transmitted to the receiving bank orally or in a record. If a security procedure is in effect between the sender and the receiving bank, the communication is not effective to cancel or amend the order unless the communication is verified pursuant to the security procedure or the bank agrees to the cancellation or amendment.

(b) Subject to subsection (a) of this section, a communication by the sender cancelling or amending a payment order is effective to cancel or amend the order if notice of the communication is received at a time and in a manner affording the receiving bank a reasonable opportunity to act on the communication before the bank accepts the payment order.

(c) After a payment order has been accepted, cancellation or amendment of the order is not effective unless the receiving bank agrees or a funds-transfer system rule allows cancellation or amendment without agreement of the bank.

(1) With respect to a payment order accepted by a receiving bank other than the beneficiary's bank, cancellation or amendment is not effective unless a conforming cancellation or amendment of the payment order issued by the receiving bank is also made.

(2) With respect to a payment order accepted by the beneficiary's bank, cancellation or amendment is not effective unless the order was issued in execution of an unauthorized payment order, or because of a mistake by a sender in the funds transfer which resulted in the issuance of a payment order (i) that is a duplicate of a payment order previously issued by the sender, (ii) that orders payment to a beneficiary not entitled to receive payment from the originator, or (iii) that orders payment in an amount greater than the amount the beneficiary was entitled to receive from the originator. If the payment order is cancelled or amended, the beneficiary's bank is entitled to recover from the beneficiary any amount paid to the beneficiary to the extent allowed by the law governing mistake and restitution.

(d) An unaccepted payment order is cancelled by operation of law at the close of the fifth funds-transfer business day of the receiving bank after the execution date or payment date of the order.

(e) A cancelled payment order cannot be accepted. If an accepted payment order is cancelled, the acceptance is nullified and no person has any right or obligation based on the acceptance. Amendment of a payment order is deemed to be cancellation of the original order at the time of amendment and issue of a new payment order in the amended form at the same time.

(f) Unless otherwise provided in an agreement of the parties or in a funds-transfer system rule, if the receiving bank, after accepting a payment order, agrees to cancellation or amendment of the order by the sender or is bound by a funds-transfer system rule allowing cancellation or amendment without the bank's agreement, the sender, whether or not cancellation or amendment is effective, is liable to the bank for any loss and expenses, including reasonable attorney's fees, incurred by the bank as a result of the cancellation or amendment or attempted cancellation or amendment.

(g) A payment order is not revoked by the death or legal incapacity of the sender unless the receiving bank knows of the death or of an adjudication of incapacity by a court of competent jurisdiction and has reasonable opportunity to act before acceptance of the order.

(h) A funds-transfer system rule is not effective to the extent it conflicts with subdivision (c)(2) of this section.
9A V.S.A. § 206 — VT Code / Title 9A / Chapter 2A / Section 206
§§ 2A-206. Offer and acceptance in formation of lease contract
Status: in_force

(1) Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.

(2) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
9 V.S.A. § 4351 — VT Code / Title 9 / Chapter 134 / Section 4351
§ 4351. Definitions
Status: in_force

As used in this chapter:

(1) “Beneficiary form” means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.

(2) “Devisee” means any person designated in a will to receive a disposition of real or personal property.

(3) “Heirs” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.

(4) “Person” means an individual, a corporation, an organization, or other legal entity.

(5) “Personal representative” includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status.

(6) “Property” includes both real and personal property or any interest therein and means anything that may be the subject of ownership.

(7) “Register,” including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.

(8) “Registering entity” means a person who originates or transfers a security title by registration and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.

(9) “Security” means a share, participation, or other interest in property in a business or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.

(10) “Security account” means:

(A) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account or a brokerage account, whether or not credited to the account before the owner's death; or

(B) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.

(11) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States.
9A V.S.A. § 202 — VT Code / Title 9A / Chapter 8 / Section 202
§§ 8-202. Issuer's responsibility and defenses; notice of defect or defense
Status: in_force

(a) Even against a purchaser for value and without notice, the terms of a certificated security include terms stated on the certificate and terms made part of the security by reference on the certificate to another instrument, indenture, or document or to a constitution, statute, ordinance, rule, regulation, order, or the like, to the extent the terms referred to do not conflict with terms stated on the certificate. A reference under this subsection does not of itself charge a purchaser for value with notice of a defect going to the validity of the security, even if the certificate expressly states that a person accepting it admits notice. The terms of an uncertificated security include those stated in any instrument, indenture, or document or in a constitution, statute, ordinance, rule, regulation, order, or the like, pursuant to which the security is issued.

(b) The following rules apply if an issuer asserts that a security is not valid:

(1) A security other than one issued by a government or governmental subdivision, agency, or instrumentality, even though issued with a defect going to its validity, is valid in the hands of a purchaser for value and without notice of the particular defect unless the defect involves a violation of a constitutional provision. In that case, the security is valid in the hands of a purchaser for value and without notice of the defect, other than one who takes by original issue.

(2) Subdivision (1) of this subsection applies to an issuer that is a government or governmental subdivision, agency, or instrumentality only if there has been substantial compliance with the legal requirements governing the issue or the issuer has received a substantial consideration for the issue as a whole or for the particular security and a stated purpose of the issue is one for which the issuer has power to borrow money or issue the security.

(c) Except as otherwise provided in section 8—205 of this title, lack of genuineness of a certificated security is a complete defense, even against a purchaser for value and without notice.

(d) All other defenses of the issuer of a security, including nondelivery and conditional delivery of a certificated security, are ineffective against a purchaser for value who has taken the certificated security without notice of the particular defense.

(e) This section does not affect the right of a party to cancel a contract for a security “when, as and if issued” or “when distributed” in the event of a material change in the character of the security that is the subject of the contract or in the plan or arrangement pursuant to which the security is to be issued or distributed.

(f) If a security is held by a securities intermediary against whom an entitlement holder has a security entitlement with respect to the security, the issuer may not assert any defense that the issuer could not assert if the entitlement holder held the security directly.
9A V.S.A. § 524 — VT Code / Title 9A / Chapter 2A / Section 524
§§ 2A-524. Lessor's right to identify goods to lease contract
Status: in_force

(1) After default by the lessee under the lease contract of the type described in section 2A—523(1) or 2A—523(3)(a) of this title or, if agreed, after other default by the lessee, the lessor may:

(a) identify to the lease contract conforming goods not already identified if at the time the lessor learned of the default they were in the lessor's or the supplier's possession or control; and

(b) dispose of goods (§ 2A—527(1)) that demonstrably have been intended for the particular lease contract even though those goods are unfinished.

(2) If the goods are unfinished, in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization, an aggrieved lessor or the supplier may either complete manufacture and wholly identify the goods to the lease contract or cease manufacture and lease, sell, or otherwise dispose of the goods for scrap or salvage value or proceed in any other reasonable manner.
9A V.S.A. § 511 — VT Code / Title 9A / Chapter 2A / Section 511
§§ 2A-511. Merchant lessee's duties as to rightfully rejected goods
Status: in_force

(1) Subject to any security interest of a lessee (§ 2A—508(5)), if a lessor or a supplier has no agent or place of business at the market of rejection, a merchant lessee, after rejection of goods in his or her possession or control, shall follow any reasonable instructions received from the lessor or the supplier with respect to the goods. In the absence of those instructions, a merchant lessee shall make reasonable efforts to sell, lease, or otherwise dispose of the goods for the lessor's account if they threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming.

(2) If a merchant lessee (subsection (1) of this section or any other lessee (§ 2A—512) disposes of goods, he or she is entitled to reimbursement either from the lessor or the supplier or out of the proceeds for reasonable expenses of caring for and disposing of the goods and, if the expenses include no disposition commission, to such commission as is usual in the trade, or if there is none, to a reasonable sum not exceeding 10 percent of the gross proceeds.

(3) In complying with this section or section 2A—512 of this title, the lessee is held only to good faith. Good faith conduct hereunder is neither acceptance or conversion nor the basis of an action for damages.

(4) A purchaser who purchases in good faith from a lessee pursuant to this section or section 2A—512 of this titletakes the goods free of any rights of the lessor and the supplier even though the lessee fails to comply with one or more of the requirements of this article.
9 V.S.A. § 2153 — VT Code / Title 9 / Chapter 53 / Section 2153
§ 2153. Copy of assignment to be filed
Status: in_force

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 choses in action, and of the list of creditors to be benefited by the assignment, to remain on file for the use and inspection of persons interested.
9A V.S.A. § 515 — VT Code / Title 9A / Chapter 2 / Section 515
§§ 2-515. Preserving evidence of goods in dispute
Status: in_force

In furtherance of the adjustment of any claim or dispute:

(a) either party on reasonable notification to the other and for the purpose of ascertaining the facts and preserving evidence has the right to inspect, test and sample the goods including such of them as may be in the possession or control of the other; and

(b) the parties may agree to a third party inspection or survey to determine the conformity or condition of the goods and may agree that the findings shall be binding upon them in any subsequent litigation or adjustment.
9A V.S.A. § 807 — VT Code / Title 9A / Chapter 9 / Section 807
§§ 9-807. Amendment of pre-effective-date financing statement
Status: in_force

(a) In this section, “pre-effective-date financing statement” means a financing statement filed before the Act takes effect.

(b) After the Act takes effect, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Article 9 of this title, as amended by the Act. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.

(c) Except as otherwise provided in subsection (d) of this section, if the law of this State governs perfection of a security interest, the information in a pre effective date financing statement may be amended after the Act takes effect only if:

(1) the pre-effective-date financing statement and an amendment are filed in the office specified in section 9—501 of this title;

(2) an amendment is filed in the office specified in section 9—501 of this title concurrently with, or after the filing in that office of, an initial financing statement that satisfies subsection 9—806(c) of this title; or

(3) an initial financing statement that provides the information as amended and satisfies subsection 9—806(c) of this title is filed in the office specified in section 9—501 of this title.

(d) If the law of this State governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under subsections 9—805(c) and (e) or section 9—806 of this title.

(e) Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this State may be terminated after the Act takes effect by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies subsection 9—806(c) of this title has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Article 9 of this title, as amended by the Act, as the office in which to file a financing statement.
9 V.S.A. § 4122 — VT Code / Title 9 / Chapter 111 / Section 4122
§ 4122. Authority to establish foreign-trade zones
Status: in_force

All public and private corporations shall have the power to apply to the proper authorities of the U.S. government for a grant, and when such a grant is issued, to establish and operate foreign-trade zones under the provisions of the Foreign-Trade Zone Act of 1934 as amended on March 3, 1976.
9 V.S.A. § 5407 — VT Code / Title 9 / Chapter 150 / Section 5407
§ 5407. Succession and change in registration of broker-dealer or investment adviser
Status: in_force

(a) A broker-dealer or investment adviser may succeed to the current registration of another broker-dealer or investment adviser or a notice filing of a federal covered investment adviser, and a federal covered investment adviser may succeed to the current registration of an investment adviser or notice filing of another federal covered investment adviser, by filing as a successor an application for registration pursuant to section 5401 or 5403 of this chapter or a notice pursuant to section 5405 of this chapter for the unexpired portion of the current registration or notice filing.

(b) A broker-dealer or investment adviser that changes its form of organization or state of incorporation or organization may continue its registration by filing an amendment to its registration if the change does not involve a material change in its financial condition or management. The amendment becomes effective when filed or on a date designated by the registrant in its filing. The new organization is a successor to the original registrant for the purposes of this chapter. If there is a material change in financial condition or management, the broker-dealer or investment adviser shall file a new application for registration. A predecessor registered under this chapter shall stop conducting its securities business other than winding down transactions and shall file for withdrawal of broker-dealer or investment adviser registration within 45 days after filing its amendment to effect succession.

(c) A broker-dealer or investment adviser that changes its name may continue its registration by filing an amendment to its registration. The amendment becomes effective when filed or on a date designated by the registrant.

(d) A change of control of a broker-dealer or investment adviser may be made in accordance with a rule adopted or order issued under this chapter.
9A V.S.A. § 104 — VT Code / Title 9A / Chapter 3 / Section 104
§§ 3-104. Negotiable instrument
Status: in_force

(a) Except as provided in subsections (c) and (d) of this section, “negotiable instrument” means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:

(1) is payable to bearer or to order at the time it is issued or first comes into possession of a holder;

(2) is payable on demand or at a definite time; and

(3) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain (i) an undertaking or power to give, maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, (iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor, (iv) a term that specifies the law that governs the promise or order, or (v) an undertaking to resolve in a specified forum a dispute concerning the promise or order.

(b) “Instrument” means a negotiable instrument.

(c) An order that meets all of the requirements of subsection (a) of this section, except paragraph (1), and otherwise falls within the definition of “check” in subsection (f) of this section is a negotiable instrument and a check.

(d) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this article.

(e) An instrument is a “note” if it is a promise and is a “draft” if it is an order. If an instrument falls within the definition of both “note” and “draft,” a person entitled to enforce the instrument may treat it as either.

(f) “Check” means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank; (ii) a cashier's check or teller's check; or (iii) a demand draft. An instrument may be a check even though it is described on its face by another term, such as “money order.”

(g) “Cashier's check” means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.

(h) “Teller's check” means a draft drawn by a bank (i) on another bank, or (ii) payable at or through a bank.

(i) “Traveler's check” means an instrument that (i) is payable on demand, (ii) is drawn on or payable at or through a bank, (iii) is designated by the term “traveler's check” or by a substantially similar term, and (iv) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.

(j) “Certificate of deposit” means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.

(k) “Demand draft” means a writing not signed by a customer that is created by a third party under the purported authority of the customer for the purpose of charging the customer's account with a bank. A demand draft shall contain the customer's account number and may contain any or all of the following: (i) the customer's printed or typewritten name; (ii) a notation that the customer authorized the draft; and (iii) the statement “No Signature Required” or words to that effect. A demand draft shall not include a check purportedly drawn by and bearing the signature of a fiduciary, as defined in section 3—307(a)(1) of this title.
9 V.S.A. § 2361 — VT Code / Title 9 / Chapter 59 / Section 2361
§ 2361. Penalties
Status: in_force

(a) In case of failure of any person to comply with any of the provisions of this chapter, such person or any person who acquires a contract or installment account with knowledge of such noncompliance is barred from recovery of any finance charge or of any delinquency, collection, deferral, or refinance charge imposed in connection with such contract or installment account, and the buyer shall have the right to recover from such person an amount equal to any of such charges paid by the buyer with interest thereon from the time of payment and all expenses of collection including reasonable attorney's fees, in a civil action on this statute.

(b) In any case in which a person willfully violates any provision of this chapter, except as provided in subsection (c) of this section, the buyer may recover from such person an amount equal to two times the total of the estimated finance charges and any delinquency, collection, extension, deferral, or refinance charges imposed, contracted for, or received, and the seller shall be barred from the recovery of any such charges. The buyer shall also recover reasonable attorney's fees as determined by the court.

(c) A person shall not knowingly or willfully make any retail installment contract under this chapter that directly or indirectly calls for the payment of any finance charges in excess of the legal rate as set forth in this chapter. A contract violating this section shall be unenforceable, and a person shall have no right to collect any principal, finance, or other charges.

(d) Notwithstanding the provisions of this section, any failure to comply with any provision of the chapter may be corrected by the holder in accordance with the provisions of this section, provided that a willful violation may not be corrected, and a correction that will increase the amount owed by the owner or the amount of any payment shall not be effective unless the buyer concurs in writing to the correction. If a violation is corrected by the holder in accordance with the provisions of this section, neither the seller nor the holder shall be subject to any penalty under this section. The correction shall be made by delivering to the buyer a corrected copy of the contract within 60 days of the execution of the original contract by the buyer. Any amount improperly collected from the buyer shall be credited against the indebtedness evidenced by the contract.

(e) Any person who shall willfully and intentionally violate any provisions of this chapter shall be fined not more than $100.00 for the first offense. Upon conviction for violating this section in any transaction entered into or consummated after a first conviction hereunder, the offender shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both.
9A V.S.A. § 301 — VT Code / Title 9A / Chapter 4 / Section 301
§§ 4-301. Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payor bank
Status: in_force

(a) If a payor bank settles for a demand item other than a documentary draft presented otherwise than for immediate payment over the counter before midnight of the banking day of receipt, the payor bank may revoke the settlement and recover the settlement if, before it has made final payment and before its midnight deadline, it:

(1) returns the item; or

(2) sends written notice of dishonor or nonpayment if the item is unavailable for return.

(b) If a demand item is received by a payor bank for credit on its books, it may return the item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in subsection (a) of this section.

(c) Unless previous notice of dishonor has been sent, an item is dishonored at the time when for purposes of dishonor it is returned or notice sent in accordance with this section.

(d) An item is returned:

(1) as to an item presented through a clearing house, when it is delivered to the presenting or last collecting bank or to the clearing house or is sent or delivered in accordance with clearing-house rules; or

(2) in all other cases, when it is sent or delivered to the bank's customer or transferor or pursuant to instructions.
9A V.S.A. § 214 — VT Code / Title 9A / Chapter 4 / Section 214
§§ 4-214. Right of charge-back or refund; liability of collecting bank; return of item
Status: in_force

(a) If a collecting bank has made provisional settlement with its customer for an item and fails by reason of dishonor, suspension of payments by a bank, or otherwise to receive settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit given for the item to its customer's account, or obtain refund from its customer, whether or not it is able to return the item, if by its midnight deadline or within a longer reasonable time after it learns the facts it returns the item or sends notification of the facts. If the return or notice is delayed beyond the bank's midnight deadline or a longer reasonable time after it learns the facts, the bank may revoke the settlement, charge back the credit, or obtain refund from its customer, but it is liable for any loss resulting from the delay. These rights to revoke, charge back, and obtain refund terminate if and when a settlement for the item received by the bank is or becomes final.

(b) A collecting bank returns an item when it is sent or delivered to the bank's customer or transferor or pursuant to its instructions.

(c) A depositary bank that is also the payor may charge back the amount of an item to its customer's account or obtain refund in accordance with the section governing return of an item received by a payor bank for credit on its books (§ 4—301).

(d) The right to charge back is not affected by:

(1) previous use of a credit given for the item; or

(2) failure by any bank to exercise ordinary care with respect to the item, but a bank so failing remains liable.

(e) A failure to charge back or claim refund does not affect other rights of the bank against the customer or any other party.

(f) If credit is given in dollars as the equivalent of the value of an item payable in foreign money, the dollar amount of any charge-back or refund shall be calculated on the basis of the bank-offered spot rate for the foreign money prevailing on the day when the person entitled to the charge-back or refund learns that it will not receive payment in ordinary course.
9A V.S.A. § 314A — VT Code / Title 9A / Chapter 9 / Section 314A
§§ 9-314A. Perfection by possession and control of chattel paper
Status: in_force

(a) A secured party may perfect a security interest in chattel paper by taking possession of each authoritative tangible copy of the record evidencing the chattel paper and obtaining control of each authoritative electronic copy of the electronic record evidencing the chattel paper.

(b) A security interest is perfected under subsection (a) of this section not earlier than the time the secured party takes possession and obtains control and remains perfected under subsection (a) of this section only while the secured party retains possession and control.

(c) Subsections 9—313(c) and (f)–(i) of this title apply to perfection by possession of an authoritative tangible copy of a record evidencing chattel paper.
9 V.S.A. § 2480p — VT Code / Title 9 / Chapter 63 / Section 2480p
§ 2480p. Electronic payment systems
Status: in_force

With respect to transactions involving Vermont merchants, no electronic payment system may directly or through any agent, processor, or member of the system:

(1) impose any requirement, condition, penalty, or fine in a contract with a merchant to inhibit the ability of any merchant to provide a discount or other benefit for payment through the use of a card of another electronic payment system, cash, check, debit card, stored-value card, charge card, or credit card rather than another form of payment;

(2) impose any requirement, condition, penalty, or fine in a contract with a merchant to prevent the ability of any merchant to set a minimum dollar value of no more than $10.00 for its acceptance of a form of payment, provided that if a minimum dollar value is set by a merchant, it shall be prominently displayed and printed in not less than 16-point boldface type at the point of sale;

(3) impose any requirement, condition, penalty, or fine in a contract with a merchant to inhibit the ability of any merchant to decide to accept an electronic payment system at one or more of its locations but not at others.
9 V.S.A. § 2461a — VT Code / Title 9 / Chapter 63 / Section 2461a
§ 2461a. Hearing aid violations
Status: in_force

The Attorney General shall investigate alleged irregularities and complaints relating to the fitting and selling of hearing aids, in violation of 18 V.S.A. chapter 90, and rules and regulations promulgated thereunder.
9 V.S.A. § 3021 — VT Code / Title 9 / Chapter 82 / Section 3021
§ 3021. Definitions
Status: repealed

As used in this chapter:

(1) [Repealed.]

(2) “Ferrous scrap” means any scrap metal consisting primarily of iron, steel, or both, including large manufactured articles such as automobile bodies that may contain other substances to be removed and sorted during normal processing operations of scrap metal.

(3) “Metal article” means any manufactured item consisting of metal that is usable for its originally intended purpose without processing, repair, or alteration, including railings, copper or aluminum wire, copper pipe and tubing, bronze cemetery plaques, urns, markers, plumbing fixtures, and cast-iron radiators.

(4) “Nonferrous scrap” means any scrap metal consisting primarily of metal other than iron or steel, and does not include aluminum beverage cans, post-consumer household items, items removed during building renovations or demolitions, or large manufactured items containing small quantities of nonferrous metals such as automobile bodies and appliances.

(5) “Proprietary article” means any of the following:

(A) Any metal article stamped, engraved, stenciled, or marked as being or having been the property of a governmental entity, public utility, or a transportation, shipbuilding, ship repair, mining, or manufacturing company.

(B) Any hard-drawn copper electrical conductor, cable, or wire greater than 0.375 inches in diameter, stranded or solid.

(C) Any aluminum conductor, cable, or wire greater than 0.75 inches in diameter, stranded or solid.

(D) Metal beer kegs.

(E) Manhole covers.

(F) Catalytic converters.

(6) “Scrap metal” means any manufactured item or article that contains metal.

(7) “Scrap metal processor” means:

(A) a salvage yard, as defined in 24 V.S.A. § 2241(7); or

(B) a person engaged in the business of purchasing ferrous scrap, nonferrous scrap, metal articles, or proprietary articles, whether for resale or for processing into raw material products consisting of prepared grades.

(C) “Scrap metal processor” does not include:

(i) a salvage yard described in 24 V.S.A. § 2248(e); or

(ii) a salvage yard or salvage dealer that only accepts or dismantles motor vehicles and flattens or crushes the motor vehicles for transportation to a scrap metal processor.

(8) “Railroad scrap” means any scrap metal consisting primarily of the steel components used in rolling stock and railroad tracks, including rails, joint bars, tie plates, anchors, turnouts, frogs, and spikes. “Railroad scrap” also includes railroad signals and signal components.
9 V.S.A. § 2979 — VT Code / Title 9 / Chapter 80 / Section 2979
§ 2979. Production of information
Status: in_force

In addition to any other remedies and procedures authorized by this chapter, the Attorney General may request a manufacturer of upholstered furniture, mattresses, mattress pads, computers, televisions, children's products, or residential upholstered furniture offered for sale or distributed for sale in this State to provide the Attorney General with a certificate of compliance with this chapter with respect to such products. Within 30 days of receipt of the request for a certificate of compliance, the manufacturer shall:

(1) provide the Attorney General with a certificate declaring that its product complies with the requirements of this chapter; or

(2) notify persons who sell in this State a product of the manufacturer's which does not comply with this chapter that sale of the product is prohibited and submit to the Attorney General a list of the names and addresses of those notified.
9A V.S.A. § 210 — VT Code / Title 9A / Chapter 8 / Section 210
§§ 8-210. Overissue
Status: in_force

(a) In this section, “overissue” means the issue of securities in excess of the amount the issuer has corporate power to issue, but an overissue does not occur if appropriate action has cured the overissue.

(b) Except as otherwise provided in subsections (c) and (d) of this section, the provisions of this article which validate a security or compel its issue or reissue do not apply to the extent that validation, issue, or reissue would result in overissue.

(c) If an identical security not constituting an overissue is reasonably available for purchase, a person entitled to issue or validation may compel the issuer to purchase the security and deliver it if certificated or register its transfer if uncertificated, against surrender of any security certificate the person holds.

(d) If a security is not reasonably available for purchase, a person entitled to issue or validation may recover from the issuer the price the person or the last purchaser for value paid for it with interest from the date of the person's demand.
9 V.S.A. § 4084 — VT Code / Title 9 / Chapter 108 / Section 4084
§ 4084. Legislative findings
Status: in_force

(a) The Legislature finds and declares that the distribution and sale of vehicles within this State vitally affects the general economy of the State and the public interest and the public welfare, and that in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate vehicle manufacturers, distributors, or wholesalers and factory or distributor representatives, and to regulate franchises issued by the aforementioned who are doing business in this State in order to prevent frauds, impositions, and other abuses upon its citizens and to protect and preserve the investments and properties of the citizens of this State.

(b) The Legislature further finds that there continues to exist an inequality of bargaining power between motor vehicle franchisors and motor vehicle franchisees. This inequality of bargaining power enables motor vehicle franchisors to compel motor vehicle franchisees to execute franchises and related agreements that contain terms and conditions that would not routinely be agreed to by the motor vehicle franchisees if this inequality did not exist. Furthermore, as the result of the inequality of bargaining power, motor vehicle franchisees have not had the opportunity to have disputes with their motor vehicle franchisors arising out of the franchisor-franchisee relationship heard in an appropriate venue, convenient to both parties, by tribunals established by statute for the resolution of these disputes. It therefore is in the public interest to enact legislation to prevent unfair or arbitrary treatment of motor vehicle franchisees by motor vehicle franchisors. It is the Legislature's intent to have this chapter liberally construed in order to achieve its purpose.
9A V.S.A. § 613 — VT Code / Title 9A / Chapter 9 / Section 613
§§ 9-613. Contents and form of notification before disposition of collateral: general
Status: in_force

(a) Except in a consumer-goods transaction, the following rules apply:

(1) The contents of a notification of disposition are sufficient if the notification:

(A) describes the debtor and the secured party;

(B) describes the collateral that is the subject of the intended disposition;

(C) states the method of intended disposition;

(D) states that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and

(E) states the time and place of a public disposition or the time after which any other disposition is to be made.

(2) Whether the contents of a notification that lacks any of the information specified in subdivision (1) of this section are nevertheless sufficient is a question of fact.

(3) The contents of a notification providing substantially the information specified in subdivision (1) of this section are sufficient, even if the notification includes:

(A) information not specified by that paragraph; or

(B) minor errors that are not seriously misleading.

(4) A particular phrasing of the notification is not required.

(5) The following form of notification and the form appearing in subdivision 9—614(a)(3) of this title, when completed in accordance with the instructions in subsection (b) of this section and subsection 9—614(b) of this title, each provides sufficient information:

NOTIFICATION OF DISPOSITION OF COLLATERAL

To: (Name of debtor, obligor, or other person to which the notification is sent)

From: (Name, address, and telephone number of secured party)

{1} Name of any debtor that is not an addressee: (Name of each debtor)

{2} We will sell (describe collateral) (to the highest qualified bidder) at public sale. A sale could include a lease or license. The sale will be held as follows:

(Date)

(Time)

(Place)

{3} We will sell (describe collateral) at private sale sometime after (date). A sale could include a lease or license.

{4} You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell or, as applicable, lease or license.

{5} If you request an accounting you must pay a charge of $ (amount).

{6} You may request an accounting by calling us at (telephone number).

(b) The following instructions apply to the form of notification in subdivision (a)(5) of this section:

(1) The instructions in this subsection refer to the numbers in braces before items in the form of notification in subdivision (a)(5) of this section. Do not include the numbers or braces in the notification. The numbers and braces are used only for the purpose of these instructions.

(2) Include and complete item {1} only if there is a debtor that is not an addressee of the notification and list the name or names.

(3) Include and complete either item {2}, if the notification relates to a public disposition of the collateral, or item {3}, if the notification relates to a private disposition of the collateral. If item {2} is included, include the words “to the highest qualified bidder” only if applicable.

(4) Include and complete items {4} and {6}.

(5) Include and complete item {5} only if the sender will charge the recipient for an accounting.
9 V.S.A. § 4100b — VT Code / Title 9 / Chapter 108 / Section 4100b
§ 4100b. Enforcement; Transportation Board
Status: in_force

(a) The Transportation Board established in 19 V.S.A. § 3 shall enforce the provisions of this chapter.

(b) The Board shall adopt rules to implement the provisions of this chapter.

(c) Except for civil actions filed in Superior Court pursuant to section 4099 of this title, the Board shall have the following exclusive powers:

(1) Any person may file a written protest with the Board complaining of conduct governed by and in violation of this chapter. The Board shall hold a public hearing in accordance with the rules adopted by the Board.

(2) The Board shall issue written decisions and may issue orders to any person in violation of this chapter.

(d) The parties to protests shall be permitted to conduct and use the same discovery procedures as are provided in civil actions in the Superior Court.

(e) The Board shall be empowered to determine the location of hearings, appoint persons to serve at the deposition of out-of-state witnesses, administer oaths, and authorize stenographic or recorded transcripts of proceedings before it. Prior to the hearing on any protest, but no later than 45 days after the filing of the protest, the Board shall require the parties to the proceeding to attend a prehearing conference in which the Chair or designee shall have the parties address the possibility of settlement. If the matter is not resolved through the conference, the matter shall be placed on the Board's calendar for hearing. Settlement communications shall remain confidential, shall be exempt from public inspection and copying under the Public Records Act, shall not be disclosed, and shall not be used as an admission in any subsequent hearing.

(f) Compliance with the discovery procedures authorized by subsection (d) of this section may be enforced by application to the Board. Obedience to subpoenas issued to compel witnesses or documents may be enforced by application to the Superior Court in the county where the hearing is to take place.

(g) Any party to any proceeding under this chapter who recklessly or knowingly fails, neglects, or refuses to comply with an order issued by the Board shall be fined a civil penalty not to exceed $2,500.00. Each day of noncompliance shall be considered a separate violation of such order.

(h) Within 20 days after any order or decision of the Board authorized under this chapter, any party to the proceeding may apply for a rehearing with respect to any matter determined in the proceeding or covered or included in the order or decision. The application for rehearing shall set forth fully every ground upon which it is claimed that the decision or order complained of is unlawful or unreasonable. No appeal from any order or decision of the Board shall be taken unless the appellant makes an application for rehearing as provided in this subsection, and when the application for rehearing has been made, no ground not set forth in the application shall be urged, relied on, or given any consideration by the Board unless the Board for good cause shown allows the appellant to specify additional grounds. Any party to the proceeding may appeal the final order, including all interlocutory orders or decisions, pursuant to 19 V.S.A. § 5(c) within 30 days after the date the Board rules on the application for reconsideration of the final order or decision. All findings of the Board upon all questions of fact properly before the court shall be prima facie lawful and reasonable. The order or decision appealed from shall not be set aside or vacated except for errors of law. No additional evidence shall be heard or taken by the Supreme Court on appeals from orders or decisions by the Board authorized under this title.

(i) In cases where the Board finds that a violation of this chapter has occurred or there has been a failure to show good cause under section 4089 or 4098 of this title, the Board, upon petition, shall determine reasonable attorney's fees and costs and award them to the prevailing party.
9A V.S.A. § 501 — VT Code / Title 9A / Chapter 2 / Section 501
§§ 2-501. Insurable interest in goods; manner of identification of goods
Status: in_force

(1) The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are nonconforming and he or she has an option to return or reject them. Such identification can be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement identification occurs:

(a) when the contract is made if it is for the sale of goods already existing and identified;

(b) if the contract is for the sale of future goods other than those described in paragraph (c), when goods are shipped, marked or otherwise designated by the seller as goods to which the contract refers;

(c) when the crops are planted or otherwise become growing crops or the young are conceived if the contract is for the sale of unborn young to be born within 12 months after contracting or for the sale of crops to be harvested within 12 months or the next normal harvest season after contracting whichever is longer.

(2) The seller retains an insurable interest in goods so long as title to or any security interest in the goods remains in him or her and where the identification is by the seller alone he or she may until default or insolvency or notification to the buyer that the identification is final substitute other goods for those identified.

(3) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.
9 V.S.A. § 2675 — VT Code / Title 9 / Chapter 73 / Section 2675
§ 2675. Advertising packages for sale
Status: in_force

Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with that statement of price a declaration of the basic quantity of contents of the package as is required by law or regulation to appear on the package. When fruit packaged, graded by the packer, and sold by count is advertised, the advertisement must state the size. In connection with the declaration required under this section, there shall be declared neither the qualifying term “when packed” nor any other words of similar import, nor any term qualifying a unit of weight, measure, or count, for example, “jumbo,” “giant,” “full,” and the like, that tends to exaggerate the amount of commodity in the package.
9 V.S.A. § 2494y — VT Code / Title 9 / Chapter 63 / Section 2494y
§ 2494y. Certificate of compliance [Effective January 1, 2026]
Status: in_force

(a) The Attorney General may request a certificate of compliance from a manufacturer of food packaging. Within 60 days after receipt of the Attorney General's request for a certificate of compliance, the manufacturer shall:

(1) provide the Attorney General with a certificate attesting that the manufacturer's product or products comply with the requirements of this subchapter; or

(2) notify persons who are selling a product of the manufacturer's in this State that the sale is prohibited because the product does not comply with this subchapter and submit to the Attorney General a list of the names and addresses of those persons notified.

(b) A manufacturer required to submit a certificate of compliance pursuant to this section may rely upon a certificate of compliance provided to the manufacturer by a supplier for the purpose of determining the manufacturer's reporting obligations. A certificate of compliance provided by a supplier in accordance with this subsection shall be used solely for the purpose of determining a manufacturer's compliance with this section.
9 V.S.A. § 4111 — VT Code / Title 9 / Chapter 110 / Section 4111
§ 4111. Definitions
Status: in_force

As used in this chapter:

(1) “Commissioner” means the Commissioner of Public Service or the Commissioner's designee.

(2) “Petroleum product” means propane, gasoline, unleaded gasoline, kerosene, number two heating oil, diesel fuel, kerosene base jet fuel, and number four, five, and six residual oil for utility and nonutility uses.

(3) “Primary storage facility” or “facility” means any facility or terminal with a capacity of 50,000 gallons or more that receives petroleum products by ship, barge, pipeline, truck, or rail, for holding within the State.
9 V.S.A. § 286 — VT Code / Title 9 / Chapter 20 / Section 286
§ 286. Preservation of rights and obligations
Status: in_force

This chapter does not:

(1) limit, alter, or otherwise affect any requirement imposed by a statute, regulation, or rule of law relating to the rights and obligations of persons under such statute, regulation, or rule of law other than a requirement that contracts or other records be written, signed, or in nonelectronic form; or

(2) require any person to agree to use or accept electronic records or electronic signatures.
9A V.S.A. § 104 — VT Code / Title 9A / Chapter 1 / Section 104
§§ 1-104. Construction against implied repeal
Status: repealed

This title being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. (2007, No. 99 (Adj. Sess.), § 2.)
9A V.S.A. § 508 — VT Code / Title 9A / Chapter 2 / Section 508
§§ 2-508. Cure by seller of improper tender or delivery; replacement
Status: in_force

(1) Where any tender or delivery by the seller is rejected because non-conforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his or her intention to cure and may then within the contract time make a conforming delivery.

(2) Where the buyer rejects a non-conforming tender which the seller had reasonable grounds to believe would be acceptable with or without money allowance the seller may if he or she seasonably notifies the buyer have a further reasonable time to substitute a conforming tender.
9 V.S.A. § 2764 — VT Code / Title 9 / Chapter 73 / Section 2764
§ 2764. Incorrect weight certificates
Status: in_force

Any person who requests a licensed public weighmaster to weigh any property, produce, commodity, or article falsely or incorrectly, or who requests a false or incorrect weight certificate, or any person who issues a weight certificate simulating the weight certificate prescribed in this chapter and who is not a licensed public weighmaster, shall be fined not less than $25.00 or more than $100.00; and upon a second or subsequent conviction that person shall be fined not less than $100.00 or more than $500.00, or be imprisoned not less than 30 days or more than 90 days, or both.
9 V.S.A. § 2768 — VT Code / Title 9 / Chapter 73 / Section 2768
§ 2768. Validity of prosecutions
Status: in_force

Prosecutions for violation of this chapter are declared to be valid and proper notwithstanding the existence of any other valid general or specific act of this State dealing with matters that may be the same as or similar to those covered by this chapter.
9 V.S.A. § 4093 — VT Code / Title 9 / Chapter 108 / Section 4093
§ 4093. Right of designated family member to succeed in ownership
Status: in_force

(a) Any owner of a new motor vehicle dealer may appoint by will, or any other written instrument, a designated family member to succeed in the ownership interest of the new motor vehicle dealer.

(b) Unless there exists good cause for refusal to honor succession on the part of the manufacturer or distributor, any designated family member of a deceased or incapacitated owner of a new motor vehicle dealer may succeed to the ownership of the new motor vehicle dealer under the existing franchise, provided that:

(1) the designated family member gives the manufacturer or distributor written notice of his or her intention to succeed to the ownership of the new motor vehicle dealer within 120 days of the owner's death or incapacity; and

(2) the designated family member agrees to be bound by all the terms and conditions of the franchise.

(c) The manufacturer or distributor may request, and the designated family member shall provide promptly upon said request, personal and financial data that are reasonably necessary to determine whether the succession should be honored.
9 V.S.A. § 4459 — VT Code / Title 9 / Chapter 137 / Section 4459
§ 4459. Minor defects; repair and deduct
Status: in_force

(a) If within 30 days of notice, the landlord fails to repair a minor defect in order to comply with this chapter or a material provision of the rental agreement, the tenant may repair the defect and deduct from the rent the actual and reasonable cost of the work, not to exceed one-half of one month's rent. The tenant shall provide the landlord with actual notice of the cost of the repair when the cost is deducted from the rent.

(b) The tenant remedies under this section are not available if the noncompliance was caused by the negligent or deliberate act or omission of the tenant or a person on the premises with the tenant's consent.
9 V.S.A. § 3888 — VT Code / Title 9 / Chapter 97A / Section 3888
§ 3888. Method of payment
Status: in_force

In each transaction of $25.00 or more, a precious metal dealer shall pay only by check, draft, or money order for precious metal purchased for the purpose of resale.
9A V.S.A. § 308 — VT Code / Title 9A / Chapter 3 / Section 308
§§ 3-308. Proof of signatures and status as holder in due course
Status: in_force

(a) In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under section 3—402(a) of this title.

(b) If the validity of signatures is admitted or proved and there is compliance with subsection (a) of this section, a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under section 3—301 of this title, unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that the plaintiff has rights of a holder in due course which are not subject to the defense or claim.
9 V.S.A. § 2470h — VT Code / Title 9 / Chapter 63 / Section 2470h
§ 2470h. Consumer warnings; notification; phase-outs
Status: in_force

Except to the extent specifically preempted by federal law:

(1) Wheel weights. Beginning January 1, 2010, the State of Vermont shall not use wheel weights containing lead in vehicles owned by the State or vehicles operated by the State under a long-term lease. Beginning September 1, 2011, no person shall sell or offer for sale in or into the State of Vermont a new motor vehicle with wheel weights containing lead.

(2)(A) Plumbing fixtures and related supplies. As prescribed by the Attorney General, beginning January 1, 2009, and ending December 31, 2009, any person who sells or offers for sale in or into the State of Vermont plumbing fixtures whose wetted surfaces contain more than a weighted average of 0.25 percent lead shall clearly and conspicuously post a warning at the point of sale stating that these products contain lead and shall also provide to each buyer prior to sale information on the risks of lead exposure.

(B) Beginning January 1, 2010, no person shall sell or offer for sale in or into the State of Vermont, or use in the State of Vermont, solder or flux for plumbing containing more than 0.2 percent lead, or plumbing fixtures whose wetted surfaces contain more than a weighted average of 0.25 percent lead.

(C) As prescribed by the Attorney General, beginning January 1, 2009, any person who sells or offers for sale in or into the State of Vermont solder or flux containing more than 0.2 percent lead shall clearly and conspicuously post a warning at the point of sale stating that these products contain lead and shall also provide to each buyer prior to sale information on the risks of lead exposure.

(D) For the purpose of this subdivision (2) of this section:

(i) the term “plumbing fixtures” means pipes, pipe and plumbing fittings, and fixtures used to convey or dispense water for human consumption;

(ii) the “weighted average” lead content shall be calculated by using the following formula: the percentage of lead content within each component that comes into contact with water shall be multiplied by the percent of the total wetted surface of the entire pipe and pipe fitting, plumbing fitting, or fixture represented in each component containing lead; these percentages shall be added; and the sum shall constitute the weighted average lead content of the pipe and pipe fitting, plumbing fitting, or fixture.

(3) Nonresidential paints and primers. As prescribed by the Attorney General, beginning January 1, 2009, and ending December 31, 2010, any person who sells or offers for sale in or into the State of Vermont nonresidential paints and primers containing lead shall clearly and conspicuously post a warning at the point of sale stating that these products contain lead and shall also provide to each buyer prior to sale information on the risks of lead exposure. Beginning January 1, 2011, no person shall sell or offer for sale in or into the State of Vermont nonresidential paints or primers containing lead. Beginning January 1, 2012, no person shall use nonresidential paints or primers containing lead in the State of Vermont.

(4) Salvage building materials. As prescribed by the Attorney General, beginning January 1, 2009, any person in commerce who sells or offers for sale in or into the State of Vermont salvage building materials made prior to 1978 shall clearly and conspicuously post a warning at the point of sale stating that these products may contain lead and shall also provide to each buyer prior to sale information on the risks of lead exposure.

(5) Other. The Attorney General, in consultation with the Commissioner of Health, may by rule require warnings, notifications, or a combination of these relating to other products containing lead.
9A V.S.A. § 409 — VT Code / Title 9A / Chapter 9 / Section 409
§§ 9-409. Restrictions on assignment of letter-of-credit rights ineffective
Status: in_force

(a) A term in a letter of credit or a rule of law, statute, regulation, custom, or practice applicable to the letter of credit which prohibits, restricts, or requires the consent of an applicant, issuer, or nominated person to a beneficiary's assignment of or creation of a security interest in a letter-of-credit right is ineffective to the extent that the term or rule of law, statute, regulation, custom, or practice:

(1) would impair the creation, attachment, or perfection of a security interest in the letter-of-credit right; or

(2) provides that the assignment or the creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the letter-of-credit right.

(b) To the extent that a term in a letter of credit is ineffective under subsection (a) of this section but would be effective under law other than this article or a custom or practice applicable to the letter of credit, to the transfer of a right to draw or otherwise demand performance under the letter of credit, or to the assignment of a right to proceeds of the letter of credit, the creation, attachment, or perfection of a security interest in the letter-of-credit right:

(1) is not enforceable against the applicant, issuer, nominated person, or transferee beneficiary;

(2) imposes no duties or obligations on the applicant, issuer, nominated person, or transferee beneficiary; and

(3) does not require the applicant, issuer, nominated person, or transferee beneficiary to recognize the security interest, pay or render performance to the secured party, or accept payment or other performance from the secured party.
9A V.S.A. § 301 — VT Code / Title 9A / Chapter 2 / Section 301
§§ 2-301. General obligations of parties
Status: in_force

The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract.
9A V.S.A. § 311 — VT Code / Title 9A / Chapter 2A / Section 311
§§ 2A-311. Priority subject to subordination
Status: in_force

Nothing in this article prevents subordination by agreement by any person entitled to priority.
9A V.S.A. § 504 — VT Code / Title 9A / Chapter 8 / Section 504
§§ 8-504. Duty of securities intermediary to maintain financial asset
Status: in_force

(a) A securities intermediary shall promptly obtain and thereafter maintain a financial asset in a quantity corresponding to the aggregate of all security entitlements it has established in favor of its entitlement holders with respect to that financial asset. The securities intermediary may maintain those financial assets directly or through one or more other securities intermediaries.

(b) Except to the extent otherwise agreed by its entitlement holder, a securities intermediary may not grant any security interests in a financial asset it is obligated to maintain pursuant to subsection (a) of this section.

(c) A securities intermediary satisfies the duty in subsection (a) of this section if:

(1) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or

(2) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to obtain and maintain the financial asset.

(d) This section does not apply to a clearing corporation that is itself the obligor of an option or similar obligation to which its entitlement holders have security entitlements.
9 V.S.A. § 2479 — VT Code / Title 9 / Chapter 63 / Section 2479
§ 2479. Violations
Status: in_force

(a) A violation of this subchapter, including the filing of any false information on a notice of solicitation or financial report, is deemed to be a violation of section 2453 of this title. This section shall not be construed to limit a paid fundraiser's liability under any other law.

(b) The Attorney General has the same authority to make rules, conduct civil investigations, and bring civil actions with respect to the acts and practices of paid fundraisers and charitable organizations as is provided under subchapter 1 of this chapter.

(c) A contributor or a charitable organization has the same rights with respect to the acts and practices of a paid fundraiser as a consumer has under section 2461 of this title.
9 V.S.A. § 3865 — VT Code / Title 9 / Chapter 97 / Section 3865
§ 3865. Records of a pawnbroker
Status: repealed

(a) In each year a pawnbroker makes loans or advances totaling over $2,500.00 for items pledged or deposited with the pawnbroker, he or she shall maintain the following records for each transaction in that year:

(1) a legible statement written at the time of the transaction stating the amount of money lent or advanced for the items, the time of the transaction, and the rate of interest to be paid, as applicable;

(2) a legible statement of the name, current address, telephone number, and vehicle license number of the person pledging or depositing the items;

(3) a legible written description and photograph, or alternatively a video, of the items;

(4) a photocopy of a government-issued identification card issued to the person pledging or depositing the items, if available.

(b) At all reasonable times, the records required under subsection (a) of this section shall be open to the inspection of law enforcement. A law enforcement agency shall make a reasonable effort to notify a pawnbroker before conducting an inspection pursuant to this section unless providing notice would interfere with a criminal investigation or any other legitimate law enforcement purpose.

(c) [Repealed.]
9 V.S.A. § 3291 — VT Code / Title 9 / Chapter 87 / Section 3291
§ 3291. Compound lard
Status: in_force

(a) A person by himself, herself, his or her agent, or servant shall not prepare, sell, or expose for sale lard or a substance intended for use as lard, which contains an ingredient other than the pure fat of swine, in a tierce, bucket, pail, or other package, under a label bearing the words “pure,” “refined,” or “family,” alone or in combination with other words, unless the package containing the same bears upon the outside thereof, in letters not less than a fourth of an inch long, the words “compound lard.”

(b) A person who violates the provision of subsection (a) of this section shall be fined not more than $50.00 for each offense.
9 V.S.A. § 3063 — VT Code / Title 9 / Chapter 83 / Section 3063
§ 3063. Revocation by assistant judges of Superior Court
Status: in_force

If the selectboard members do not revoke a license granted by them when the public good so requires, the assistant judges of the Superior Court may vacate the same on application of the State's Attorney of the county in which such license was granted. Six days' notice in writing of the hearing on such application shall be given to the person licensed.
9A V.S.A. § 207 — VT Code / Title 9A / Chapter 8 / Section 207
§§ 8-207. Rights and duties of issuer with respect to registered owners
Status: in_force

(a) Before due presentment for registration of transfer of a certificated security in registered form or of an instruction requesting registration of transfer of an uncertificated security, the issuer or indenture trustee may treat the registered owner as the person exclusively entitled to vote, receive notifications, and otherwise exercise all the rights and powers of an owner.

(b) This article does not affect the liability of the registered owner of a security for a call, assessment, or the like.
9A V.S.A. § 212 — VT Code / Title 9A / Chapter 4A / Section 212
§§ 4A-212. Liability and duty of receiving bank regarding unaccepted payment order
Status: in_force

If a receiving bank fails to accept a payment order that it is obliged by express agreement to accept, the bank is liable for breach of the agreement to the extent provided in the agreement or in this article, but does not otherwise have any duty to accept a payment order or, before acceptance, to take any action, or refrain from taking action, with respect to the order except as provided in this article or by express agreement. Liability based on acceptance arises only when acceptance occurs as stated in section 4A—209 of this title, and liability is limited to that provided in this article. A receiving bank is not the agent of the sender or beneficiary of the payment order it accepts, or of any other party to the funds transfer, and the bank owes no duty to any party to the funds transfer except as provided in this article or by express agreement.
9A V.S.A. § 401 — VT Code / Title 9A / Chapter 4A / Section 401
§§ 4A-401. Payment date
Status: in_force

“Payment date” of a payment order means the day on which the amount of the order is payable to the beneficiary by the beneficiary's bank. The payment date may be determined by instruction of the sender but cannot be earlier than the day the order is received by the beneficiary's bank and, unless otherwise determined, is the day the order is received by the beneficiary's bank.
9 V.S.A. § 4191 — VT Code / Title 9 / Chapter 117 / Section 4191
§ 4191. Removal of booking photographs from the Internet; fees prohibited
Status: in_force

(a) As used in this section, “booking photograph” means any photograph taken by a law enforcement office or other authorized person pursuant to 20 V.S.A. chapter 117.

(b) A person who posts or otherwise disseminates a booking photograph on the Internet shall not solicit or accept a fee or other consideration to remove, delete, correct, modify, or refrain from posting or disseminating the booking photograph if requested by the depicted person.

(c) A person who violates subsection (b) of this section shall be assessed a civil penalty of not more than $1,000.00 for the first violation and not more than $2,500.00 for each subsequent violation.

(d) A person who sustains damages or injury as a result of a violation of this section may bring an action in Superior Court for damages, injunctive relief, punitive damages in the case of a willful violation, and reasonable costs and attorney's fees. The court may issue an award for the person's actual damages or $500.00 for a first violation or $1,000.00 for each subsequent violation, whichever is greater. This subsection shall not limit any other claims a person who sustains damages or injury as a result of a violation of this section may have under applicable law.

(e) This section shall not be construed to limit a person's liability under any other law.
9A V.S.A. § 615 — VT Code / Title 9A / Chapter 9 / Section 615
§§ 9-615. Application of proceeds of disposition; liability for deficiency and right to surplus
Status: in_force

(a) A secured party shall apply or pay over for application the cash proceeds of disposition under section 9—610 of this title in the following order to:

(1) the reasonable expenses of retaking, holding, preparing for disposition, processing, and disposing, and, to the extent provided for by agreement and not prohibited by law, reasonable attorney's fees and legal expenses incurred by the secured party;

(2) the satisfaction of obligations secured by the security interest or agricultural lien under which the disposition is made;

(3) the satisfaction of obligations secured by any subordinate security interest in or other subordinate lien on the collateral if:

(A) the secured party receives from the holder of the subordinate security interest or other lien a signed demand for proceeds before distribution of the proceeds is completed; and

(B) in a case in which a consignor has an interest in the collateral, the subordinate security interest or other lien is senior to the interest of the consignor; and

(4) a secured party that is a consignor of the collateral if the secured party receives from the consignor a signed demand for proceeds before distribution of the proceeds is completed.

(b) If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder does so, the secured party need not comply with the holder's demand under subdivision (a)(3) of this section.

(c) A secured party need not apply or pay over for application noncash proceeds of disposition under section 9—610 of this title unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner.

(d) If the security interest under which a disposition is made secures payment or performance of an obligation, after making the payments and applications required by subsection (a) of this section and permitted by subsection (c) of this section:

(1) unless subdivision (a)(4) of this section requires the secured party to apply or pay over cash proceeds to a consignor, the secured party shall account to and pay a debtor for any surplus; and

(2) the obligor is liable for any deficiency.

(e) If the underlying transaction is a sale of accounts, chattel paper, payment intangibles, or promissory notes:

(1) the debtor is not entitled to any surplus; and

(2) the obligor is not liable for any deficiency.

(f) The surplus or deficiency following a disposition is calculated based on the amount of proceeds that would have been realized in a disposition complying with this part to a transferee other than the secured party, a person related to the secured party, or a secondary obligor if:

(1) the transferee in the disposition is the secured party, a person related to the secured party, or a secondary obligor; and

(2) the amount of proceeds of the disposition is significantly below the range of proceeds that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought.

(g) A secured party that receives cash proceeds of a disposition in good faith and without knowledge that the receipt violates the rights of the holder of a security interest or other lien that is not subordinate to the security interest or agricultural lien under which the disposition is made:

(1) takes the cash proceeds free of the security interest or other lien;

(2) is not obligated to apply the proceeds of the disposition to the satisfaction of obligations secured by the security interest or other lien; and

(3) is not obligated to account to or pay the holder of the security interest or other lien for any surplus.
9 V.S.A. § 4114 — VT Code / Title 9 / Chapter 110 / Section 4114
§ 4114. Remedies; enforcements
Status: in_force

(a) If any person, in violation of the provisions of this chapter, knowingly fails to file a complete and accurate report with the Commissioner, the Commissioner may petition the Superior Court for injunctive relief. Petitions may be filed in the Superior Court of the county in which the defendant resides or, if the defendant is a nonresident, in the Superior Court of any county in which the defendant does business.

(b) A person who, with intent to evade any requirement of this chapter, fails to submit a report when due or to supply required information shall be fined no more than $500.00 or imprisoned not more than 10 days, or both.
9 V.S.A. § 2492 — VT Code / Title 9 / Chapter 63 / Section 2492
§ 2492. Definition
Status: in_force

As used in this subchapter, “health care services” means all supplies, care, and services of a medical, dental, behavioral health, mental health, substance use disorder treatment, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or supportive nature, including medication.
9 V.S.A. § 4134 — VT Code / Title 9 / Chapter 112 / Section 4134
§ 4134. Violation; penalties
Status: in_force

(a) Any person who violates any provision of this chapter or any rule or order issued pursuant to this chapter shall be subject to a fine of not more than $10,000.00 for each violation.

(b) The penalty provided for in subsection (a) of this section shall be recovered in an action or special proceeding brought by the Attorney General.

(c) Alternatively, or in addition to the action or proceeding to impose the fine provided by subsection (a) of this section, the Attorney General may institute an action or proceeding to enjoin any violation of or to enforce any provision of this chapter or any rule, regulation, or order issued under this chapter.
9 V.S.A. § 201 — VT Code / Title 9 / Chapter 4 / Section 201
§ 201. Definitions
Status: in_force

As used in this subchapter:

(1) “Disbursement of loan funds” means the delivery of the loan funds by the lender to the settlement agent in one or more of the following forms:

(A) cash;

(B) wired funds or electronic transfer;

(C) certified check;

(D) checks issued by a governmental entity or instrumentality;

(E) cashier's check, teller's check, or any transfer of funds by check or otherwise that is fully collected and unconditionally available to the settlement agent;

(F) checks or other drafts issued by a state-chartered or federally chartered financial institution; checks or other drafts issued by a state-chartered or federally chartered credit union; and

(G) checks issued by an insurance company licensed in the State of Vermont.

(2) “Disbursement of the settlement proceeds” means the payment of all proceeds of the transaction by the settlement agent to the persons or accounts designated to receive the proceeds.

(3) “Lender” means any person who is in the business of making loans secured by a mortgage on real estate and to whom the debt is initially payable on the face of the loan documents.

(4) “Loan closing” means the time a borrower executes any loan document or becomes contractually obligated on a credit transaction, whichever occurs sooner.

(5) “Loan documents” means the note evidencing the debt due the lender, the mortgage securing the debt due the lender, and any other documents required by the lender to be executed by the borrower as part of the transaction.

(6) “Loan funds” means the proceeds of the loan to be disbursed by the lender to others at closing.

(7) “Settlement” means the time when the settlement agent has received the loan funds, loan documents, and other documents and funds to carry out the terms of the contract between the parties, and the settlement agent reasonably determines that all conditions of such contracts have been satisfied. “Parties,” as used in this subdivision, means the seller, purchaser, borrower, lender, and settlement agent.

(8) “Settlement agent” means the person responsible for conducting the settlement and disbursement of the settlement proceeds, and includes an individual, corporation, partnership, or other entity conducting the settlement and disbursement of the settlement proceeds. The lender may be the settlement agent.
9 V.S.A. § 5609 — VT Code / Title 9 / Chapter 150 / Section 5609
§ 5609. Judicial review
Status: in_force

Any person aggrieved and directly affected by a final order issued by the Commissioner under this chapter may appeal to the Superior Court of Washington County. The appeal shall be heard by the court de novo. The filing of an appeal shall not stay enforcement of the order, but the court may order a stay on such terms as it deems proper.
9 V.S.A. § 3864 — VT Code / Title 9 / Chapter 97 / Section 3864
§ 3864. Action on bond
Status: in_force

If a person is aggrieved by the misconduct of such licensed pawnbroker, and recovers judgment against him or her therefor, after the return, unsatisfied, either in whole or in part, of an execution issued upon such judgment, such person may maintain an action in his or her own name upon the bond of such pawnbroker, provided the court, upon application made for that purpose, shall grant such leave to prosecute.
9 V.S.A. § 2502 — VT Code / Title 9 / Chapter 67 / Section 2502
§ 2502. Requirements for disclosures in advertisements
Status: in_force

(a) A sponsor shall include in all advertisements or promotions in this State for pay-per-call services the following disclosures in a clear and conspicuous manner:

(1) an accurate description of the message content and all material terms and conditions associated with the service;

(2) the total price of the service, in a typeface and size as large and conspicuous as is the number to be called and displayed immediately adjacent to the number to be called, including:

(A) the initial flat rate charge, if any;

(B) the per-minute charge, if any;

(C) the minimum per-call charge, if any;

(D) any other charges, if any; and

(E) where charges are assessed based in whole or in part on the length of the call, the average duration of a call to the service, or if the service is less than 24 hours old, a good faith estimate of the average duration based on the average duration of the similar services;

(3) the sponsor's name, address, and customer service number.

(b) A sponsor shall include in all advertisements or promotions in this State for pay-per-call services directed at or likely to be of interest to minors a clear and conspicuous notice that parental consent must be obtained before a minor may dial the number.

(c) No sponsor may use the word “free” or similar terms to describe the pay-per-call service in any advertisement or promotion in this State.
9 V.S.A. § 275 — VT Code / Title 9 / Chapter 20 / Section 275
§ 275. Construction and application
Status: in_force

This chapter must be construed and applied:

(1) to facilitate electronic transactions consistent with other applicable law;

(2) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and

(3) to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
9A V.S.A. § 509 — VT Code / Title 9A / Chapter 2A / Section 509
§§ 2A-509. Lessee's rights on improper delivery; rightful rejection
Status: in_force

(1) Subject to the provisions of section 2A—510 of this title on default in installment lease contracts, if the goods or the tender or delivery fail in any respect to conform to the lease contract, the lessee may reject or accept the goods or accept any commercial unit or units and reject the rest of the goods.

(2) Rejection of goods is ineffective unless it is within a reasonable time after tender or delivery of the goods and the lessee seasonably notifies the lessor.
9A V.S.A. § 324A — VT Code / Title 9A / Chapter 9 / Section 324A
§§ 9-324A. Priority of production-money security interests and agricultural liens
Status: in_force

(a) Except as otherwise provided in subsections (c), (d), and (e) of this section, if the requirements of subsection (b) of this section are satisfied, a perfected production-money security interest in production-money crops has priority over a conflicting security interest in the same crops and, except as otherwise provided in section 9—327 of this title, also has priority in their identifiable proceeds.

(b) A production-money security interest has priority under subsection (a) of this section if:

(1) the production-money security interest is perfected by filing when the production-money secured party first gives new value to enable the debtor to produce the crops;

(2) the production-money secured party sends an authenticated notification to the holder of the conflicting security interest not less than 10 or more than 30 days before the production-money secured party first gives new value to enable the debtor to produce the crops if the holder had filed a financing statement covering the crops before the date of the filing made by the production-money secured party; and

(3) the notification states that the production-money secured party has or expects to acquire a production-money security interest in the debtor's crops and provides a description of the crops.

(c) Except as otherwise provided in subsection (d) or (e) of this section, if more than one security interest qualifies for priority in the same collateral under subsection (a) of this section, the security interests rank according to priority in time of filing under subsection 9—322(a) of this title.

(d) To the extent that a person holding a perfected security interest in production-money crops that are the subject of a production-money security interest gives new value to enable the debtor to produce the production-money crops and the value is in fact used for the production of the production-money crops, the security interests rank according to priority in time of filing under subsection 9—322(a) of this title.

(e) To the extent that a person holds both an agricultural lien and a production-money security interest in the same collateral securing the same obligations, the rules of priority applicable to agricultural liens govern priority.
9A V.S.A. § 507 — VT Code / Title 9A / Chapter 2 / Section 507
§§ 2-507. Effect of seller's tender; delivery on condition
Status: in_force

(1) Tender of delivery is a condition to the buyer's duty to accept the goods and, unless otherwise agreed, to his or her duty to pay for them. Tender entitles the seller to acceptance of the goods and to payment according to the contract.

(2) Where payment is due and demanded on the delivery to the buyer of goods or documents of title, his or her right as against the seller to retain or dispose of them is conditional upon his or her making the payment due.
9 V.S.A. § 2406 — VT Code / Title 9 / Chapter 61 / Section 2406
§ 2406. Retail charge agreements
Status: in_force

(a) Each retail charge agreement shall be in writing and signed by the buyer. A copy of any agreement executed on or after January 1, 1964 shall be delivered or mailed to the buyer by the seller before the date on which the first payment is due under the agreement. Any acknowledgment by the buyer of delivery of a copy of the agreement contained in the body thereof shall be in a size equal to at least 10-point boldface type and shall appear directly above the buyer's signature. No agreement executed on or after January 1, 1964 shall be signed by the buyer when it contains blank spaces to be filled in after it has been signed. The buyer's acknowledgment, conforming to the requirements of this subsection, of delivery of a copy of an agreement shall be presumptive proof in any action or proceeding of the delivery and that the agreement, when signed, did not contain any blank spaces. All retail charge agreements executed on or after January 1, 1964 shall state the maximum amount or rate of any charge referred to in subsection (c) of this section to be charged and paid under the agreement. Any such agreement shall contain the following notice printed or typed in a size equal to at least 10-point bold type, which shall appear directly above the space provided for the buyer's signature:

“NOTICE TO THE BUYER—DO NOT SIGN THIS AGREEMENT IN BLANK. YOU ARE ENTITLED TO A COPY OF THE AGREEMENT AT THE TIME YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS.”

(b)(1) The seller shall promptly supply the buyer under the retail charge agreement with a statement as of the end of each monthly period, which need not be a calendar month, or other regular period agreed upon in writing by the seller and buyer, in which there is any unpaid balance under the agreement, which statement shall recite the following:

(A) the unpaid balance under the retail charge agreement at the beginning and at the end of the period;

(B) unless otherwise furnished by the seller to the buyer by sales slip, memorandum, or otherwise, a description of the goods or services purchased during the period, the cash price, and the date of each purchase;

(C) the payments made by the buyer to the seller and other credits to the buyer during the period;

(D) the amount, if any, of any charge for the period made under subsection (c) of this section; and

(E) that the buyer may at any time pay the total balance or any part of the total balance.

(2) The items specified in subdivision (1) of this subsection need not be stated in the sequence or order set forth in subdivision (1) of this subsection; additional items may be included, but only to explain the computations made in determining the amount to be paid by the buyer.

(c) A retail charge agreement may provide for, and the seller or holder may then, notwithstanding the provisions of any other law, charge, collect, and receive, in addition to the cash price, a charge for the privilege of making deferred payments under the agreement, which charge shall not exceed the rates authorized by subdivision 41a(b)(9) of this title. If the amount of the finance charge otherwise permitted shall be less than 50 cents for any month or longer regular period, 50 cents may nevertheless be charged, received, and collected. In addition, a retail charge agreement may provide for the payment of reasonable attorney's fees where it is referred for collection to an attorney who is not a salaried employee of the holder of the retail charge agreement or any indebtedness under the agreement and of court costs and disbursements and also of actual and reasonable out-of-pocket expenses incurred in connection with the collection.
9 V.S.A. § 2480q — VT Code / Title 9 / Chapter 63 / Section 2480q
§ 2480q. Penalties
Status: in_force

(a) The following penalties shall apply to violations of this subchapter:

(1) Any electronic payment system found to have violated section 2480p of this subchapter shall reimburse all affected merchants for all fines related to the prohibitions described in section 2480p of this subchapter that were collected from affected merchants directly or through any agent, processor, or member of the system during the period of time in which the electronic payment system was in violation and shall be liable for a civil penalty of $10,000.00 per fine levied in violation of section 2480p of this subchapter.

(2) Any merchant whose rights under this subchapter have been violated may maintain a civil action for damages or equitable relief as provided for in this section, including attorney's fees, if any.

(3) A violation of section 2480p of this subchapter shall be deemed a violation of section 2453 of this title. The Attorney General has the same authority to conduct civil investigations, enter into assurances of discontinuance, and bring civil actions as provided under subchapter 1 of this chapter.

(b) These penalties shall not apply to entities acting exclusively as agents, processors, or members that are not electronic payment systems.
9 V.S.A. § 4081 — VT Code / Title 9 / Chapter 107 / Section 4081
§ 4081. Obligation of successors in interest
Status: in_force

The obligation of any supplier or dealer is applied to and made an obligation of any successor in interest or assignee of the supplier or dealer. A successor in interest includes any purchaser of the assets or stock, any surviving entity resulting from merger or liquidation, any receiver, or any trustee of the original supplier or dealer.
9A V.S.A. § 213 — VT Code / Title 9A / Chapter 2A / Section 213
§§ 2A-213. Implied warranty of fitness for particular purpose
Status: in_force

Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessor's skill or judgment to select or furnish suitable goods, there is in the lease contract an implied warranty that the goods will be fit for that purpose.
9 V.S.A. § 4027 — VT Code / Title 9 / Chapter 103 / Section 4027
§ 4027. Penalty
Status: in_force

Any trading stamp company that violates any provision of this chapter shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both, and the Superior Court shall have jurisdiction on the complaint of any interested person to restrain and enjoin the violation of any of those provisions.
9 V.S.A. § 2601 — VT Code / Title 9 / Chapter 72 / Section 2601
§ 2601. Definitions
Status: in_force

(a) As used in this chapter, unless the context requires otherwise, “mobile home” means:

(1) A mobile home as defined in 10 V.S.A. § 6201.

(2) An unmotorized vehicle, other than a travel or recreational trailer, designed to be towed and designed or equipped for use as sleeping, eating, or living quarters.

(b) A mobile home remains a mobile home for purposes of this chapter even though it may be used for advertising, sales, display, or promotion of merchandise or services, or for any other commercial purposes except the transportation of property.

(c) A mobile home that was financed as residential real estate shall be defined as residential real estate.

(d) “Permanently sited” means the mobile home has become affixed to the land. Factors that tend to show a mobile home is permanently sited include:

(1) The mobile home has been set up on blocks or otherwise stabilized so that the wheels do not form a major part of the structural support.

(2) The mobile home has been connected to utilities such as electricity, sewage, water, gas, or oil.

(3) Skirting has been installed around the base of the mobile home.

(4) The wheels or axles have been removed.

(5) The mobile home has been situated in a place that makes removal unlikely.
9 V.S.A. § 4552 — VT Code / Title 9 / Chapter 141 / Section 4552
§ 4552. Duties; jurisdiction
Status: in_force

(a) The Commission shall endeavor through public education to increase awareness of the importance of full civil and human rights for each inhabitant of this State. The Commission shall also examine and evaluate generally the effectiveness of this chapter as well as the existence of practices of discrimination that detract from the enjoyment of full civil and human rights and shall recommend measures designed to protect those rights.

(b)(1) The Commission shall have jurisdiction to investigate and enforce complaints of unlawful discrimination in violation of chapter 139 of this title, discrimination in public accommodations and rental and sale of real estate. The Commission shall also have jurisdiction when the party complained against is a State agency in matters for which the Attorney General would otherwise have jurisdiction under subsection (c) of this section.

(2) In any case relating to unlawful discrimination or sexual harassment in violation of 21 V.S.A. § 495 et seq. that the Commission has jurisdiction over pursuant to this subsection, it shall include a statement setting forth the prohibition against retaliation pursuant to 21 V.S.A. § 495(a)(8) with any formal complaint that is sent to a respondent.

(c) All complaints of unlawful discrimination in violation of 21 V.S.A. §§ 495 et seq. and 710, the Fair Employment Practices Act and the provisions for workers' compensation discrimination, respectively, and of 21 V.S.A. § 471 et seq. shall be referred to the Attorney General's office for investigation and enforcement.
9A V.S.A. § 720 — VT Code / Title 9A / Chapter 2 / Section 720
§§ 2-720. Effect of "cancellation" or "rescission" on claims for antecedent breach
Status: in_force

Unless the contrary intention clearly appears, expressions of “cancellation” or “rescission” of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.
9A V.S.A. § 511 — VT Code / Title 9A / Chapter 8 / Section 511
§§ 8-511. Priority among security interests and entitlement holders
Status: in_force

(a) Except as otherwise provided in subsections (b) and (c) of this section, if a securities intermediary does not have sufficient interests in a particular financial asset to satisfy both its obligations to entitlement holders who have security entitlements to that financial asset and its obligation to a creditor of the securities intermediary who has a security interest in that financial asset, the claims of entitlement holders, other than the creditor, have priority over the claim of the creditor.

(b) A claim of a creditor of a securities intermediary who has a security interest in a financial asset held by a securities intermediary has priority over claims of the securities intermediary's entitlement holders who have security entitlements with respect to that financial asset if the creditor has control over the financial asset.

(c) If a clearing corporation does not have sufficient financial assets to satisfy both its obligations to entitlement holders who have security entitlements with respect to a financial asset and its obligation to a creditor of the clearing corporation who has a security interest in that financial asset, the claim of the creditor has priority over the claims of entitlement holders.
9A V.S.A. § 105 — VT Code / Title 9A / Chapter 4A / Section 105
§§ 4A-105. Other definitions
Status: reserved

(a) In this article:

(1) “Authorized account” means a deposit account of a customer in a bank designated by the customer as a source of payment of payment orders issued by the customer to the bank. If a customer does not so designate an account, any account of the customer is an authorized account if payment of a payment order from that account is not inconsistent with a restriction on the use of that account.

(2) “Bank” means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company. A branch or separate office of a bank is a separate bank for purposes of this article.

(3) “Customer” means a person, including a bank, having an account with a bank or from whom a bank has agreed to receive payment orders.

(4) “Funds-transfer business day” of a receiving bank means the part of a day during which the receiving bank is open for the receipt, processing, and transmittal of payment orders and cancellations and amendments of payment orders.

(5) “Funds-transfer system” means a wire transfer network, automated clearinghouse, or other communication system of a clearinghouse or other association of banks through which a payment order by a bank may be transmitted to the bank to which the order is addressed.

(6) [Reserved.]

(7) “Prove” with respect to a fact means to meet the burden of establishing the fact (Section 1—201(b)(8)).

(b) Other definitions applying to this article and the sections in which they appear are:

“Acceptance” Section 4A—209

“Beneficiary” Section 4A—103

“Beneficiary's bank” Section 4A—103

“Executed” Section 4A—301

“Execution date” Section 4A—301

“Funds transfer” Section 4A—104

“Funds-transfer system rule” Section 4A—501

“Intermediary bank” Section 4A—104

“Originator” Section 4A—104

“Originator's bank” Section 4A—104

“Payment by beneficiary's bank to beneficiary” Section 4A—405

“Payment by originator to beneficiary” Section 4A—406

“Payment by sender to receiving bank” Section 4A—403

“Payment date” Section 4A—401

“Payment order” Section 4A—103

“Receiving bank” Section 4A—103

“Security procedure” Section 4A—201

“Sender” Section 4A—103

(c) The following definitions in Article 4 apply to this article:

“Clearinghouse” Section 4—104

“Item” Section 4—104

“Suspends payments” Section 4—104

(d) In addition Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
9A V.S.A. § 806 — VT Code / Title 9A / Chapter 9 / Section 806
§§ 9-806. When an initial financing statement suffices to continue effectiveness of a financing statement
Status: in_force

(a) The filing of an initial financing statement in the office specified in section 9—501 of this title continues the effectiveness of a financing statement filed before the Act takes effect if:

(1) the filing of an initial financing statement in that office would be effective to perfect a security interest under Article 9 of this title, as amended by the Act;

(2) the pre-effective-date financing statement was filed in an office in another state; and

(3) the initial financing statement satisfies subsection (c) of this section.

(b) The filing of an initial financing statement under subsection (a) of this section continues the effectiveness of the pre-effective-date financing statement:

(1) if the initial financing statement is filed before the Act takes effect, for the period provided in section 9—515 of this title, as it existed before the Act took effect, with respect to an initial financing statement; and

(2) if the initial financing statement is filed after the Act takes effect, for the period provided in section 9—515 of this title, as amended by the Act, with respect to an initial financing statement.

(c) To be effective for purposes of subsection (a) of this section, an initial financing statement shall:

(1) satisfy the requirements of Article 9, Part 5 of this title, as amended by the Act, for an initial financing statement;

(2) identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and provide the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and

(3) indicate that the pre-effective-date financing statement remains effective.
9 V.S.A. § 3903 — VT Code / Title 9 / Chapter 98 / Section 3903
§ 3903. Disclosures
Status: in_force

(a) A rental agreement shall contain the following:

(1) the name and address of the owner and occupant;

(2) the actual monthly occupancy charge, rent, or lease amount for the storage space provided, expressed in dollars;

(3)(A) disclosure of the charges the owner may impose for the occupancy;

(B) a description of the charges, including any security deposit and the conditions for retaining or returning the deposit;

(C) whether the charges are mandatory or optional; and

(D) the amount of each charge, expressed in dollars;

(4) a provision that states:

(A) whether property stored in the storage space is insured by the owner against loss or damage; and

(B) the requirement that the occupant must provide his or her own insurance for any property stored; and

(5) notice to an occupant that:

(A) this chapter creates a lien on property stored in the storage space;

(B) the owner may sell the property stored in the storage space to satisfy the lien;

(C) the owner is not liable for damage, loss, or alienation of items of sentimental nature or value; and

(D) if the owner offers notice by electronic mail, the occupant may elect to receive notice by electronic mail only by indicating the election in the rental agreement.

(b) If a rental agreement contains a limit on the value of property that may be stored in a storage space, the limit is deemed to be the maximum value of the property in the storage space and the maximum liability of the owner for any claim.

(c)(1) An owner may impose a late fee of not more than $20.00 or 20 percent of a rental payment, whichever is greater, for each service period that an occupant does not pay the rent, charges, fees, or expenses when due.

(2) An owner shall not impose a late fee if the occupant pays the rent, charges, fees, and expenses in full not later than five days after the due date.

(3) An owner shall not impose a late fee unless the amount of the fee and the conditions for imposing that fee are stated in the rental agreement.

(d) Except as otherwise provided in a rental agreement, an occupant has the exclusive care, custody, and control of property in a storage space until the property is sold or otherwise disposed pursuant to this chapter.

(e) The disclosures required under subdivisions (a)(4) and (a)(5) and subsections (b)–(d) of this section shall be written in bold type and of a font size equal to or greater than the general text of the agreement.
9A V.S.A. § 211 — VT Code / Title 9A / Chapter 4 / Section 211
§§ 4-211. When bank gives value for purposes of holder in due course
Status: in_force

For purposes of determining its status as a holder in due course, a bank has given value to the extent it has a security interest in an item, if the bank otherwise complies with the requirements of section 3—302 of this title on what constitutes a holder in due course.
9 V.S.A. § 4092 — VT Code / Title 9 / Chapter 108 / Section 4092
§ 4092. Dealership facilities assistance upon termination, cancellation, or nonrenewal
Status: in_force

(a) In the event of a termination, cancellation, or nonrenewal under this chapter; and

(1) the new motor vehicle dealer is leasing the dealership facilities from a lessor other than the manufacturer, the manufacturer shall pay the new motor vehicle dealer a sum equivalent to the rent for the unexpired term of the lease or one year's rent, whichever is less;

(2) if the new motor vehicle dealer owns the dealership facilities, the manufacturer shall pay the new motor vehicle dealer a sum equivalent to the reasonable rental value of the dealership facilities for one year.

(b) If the termination, cancellation, or nonrenewal is pursuant to subdivision 4090(a)(2)(B) of this title, then, with respect to such facilities as were required as a condition of the franchise and used to conduct sales and service operations related to the franchise product, the manufacturer or distributor shall, in addition to the relief described in subsection (a) of this section:

(1) assume the obligations for any lease of the dealership facilities for the unexpired term of the lease or three years' rent, whichever is less;

(2) arrange for a new lease of any dealership facilities; or

(3) negotiate a lease termination for the dealership facilities at the manufacturer's expense.

(c) If, in an action for damages under this section, the manufacturer or distributor fails to prove either that the manufacturer or distributor has acted in good faith or that there was good cause for the franchise termination, cancellation, or nonrenewal, then the court, agency, or commission shall order, in addition to any other damages under this section, that the manufacturer or distributor pay the new motor vehicle dealer an amount equal to the value of the dealership as an ongoing business location.
9A V.S.A. § 201 — VT Code / Title 9A / Chapter 4A / Section 201
§§ 4A-201. Security procedure
Status: in_force

“Security procedure” means a procedure established by agreement of a customer and a receiving bank for the purpose of (i) verifying that a payment order or communication amending or cancelling a payment order is that of the customer, or (ii) detecting error in the transmission or the content of the payment order or communication. A security procedure may impose an obligation on the receiving bank or the customer and may require the use of algorithms or other codes, identifying words, numbers, symbols, sounds, biometrics, encryption, callback procedures, or similar security devices. Comparison of a signature on a payment order or communication with an authorized specimen signature of the customer or requiring a payment order to be sent from a known email address, IP address, or telephone number is not by itself a security procedure.
9 V.S.A. § 2360 — VT Code / Title 9 / Chapter 59 / Section 2360
§ 2360. Waiver
Status: in_force

No act or agreement of the retail buyer before or at the time of the making of a retail installment contract shall constitute a valid waiver of any of the provisions of this chapter.
9A V.S.A. § 304 — VT Code / Title 9A / Chapter 4A / Section 304
§§ 4A-304. Duty of sender to report erroneously executed payment order
Status: in_force

If the sender of a payment order that is erroneously executed as stated in section 4A—303 of this title receives notification from the receiving bank that the order was executed or that the sender's account was debited with respect to the order, the sender has a duty to exercise ordinary care to determine, on the basis of information available to the sender, that the order was erroneously executed and to notify the bank of the relevant facts within a reasonable time not exceeding 90 days after the notification from the bank was received by the sender. If the sender fails to perform that duty, the bank is not obliged to pay interest on any amount refundable to the sender under subsection 4A—402(d) of this title for the period before the bank learns of the execution error. The bank is not entitled to any recovery from the sender on account of a failure by the sender to perform the duty stated in this section.
9 V.S.A. § 2465b — VT Code / Title 9 / Chapter 63 / Section 2465b
§ 2465b. Misrepresentation of a floral business as local
Status: in_force

(a) In connection with the sale of floral products, it shall be an unlawful and deceptive act and practice in commerce in violation of section 2453 of this title for a floral business to misrepresent in an advertisement, on the Internet, on a website, or in a listing of the floral business in a telephone directory or other directory assistance database the geographic location of the floral business as “local,” “locally owned,” or physically located within Vermont.

(b) A floral business is considered to misrepresent its geographic location that it is “local,” “locally owned,” or located within Vermont in violation of subsection (a) of this section if the floral business is not physically located in Vermont and:

(1) the advertisement, Internet, website, or directory listing would lead a reasonable consumer to conclude that the floral business is physically located in Vermont; or

(2) the advertisement, Internet, website, or directory listing uses the name of a floral business that is physically located in Vermont, with geographic terms that would lead a reasonable consumer to understand the advertised floral business to be physically located in Vermont.

(c) A retail floral business physically located in Vermont shall be deemed a consumer for the purposes of enforcing this section under subsection 2461(b) of this chapter.
9A V.S.A. § 108 — VT Code / Title 9A / Chapter 9 / Section 108
§§ 9-108. Sufficiency of description in a security agreement
Status: in_force

(a) Except as otherwise provided in subsections (c), (d), and (e) of this section, a description of personal or real property is sufficient, whether or not it is specific, if it reasonably identifies what is described.

(b) Except as otherwise provided in subsection (d) of this section, a description of collateral reasonably identifies the collateral if it identifies the collateral by:

(1) specific listing;

(2) category;

(3) except as otherwise provided in subsection (e) of this section, a type of collateral defined in this title;

(4) quantity;

(5) computational or allocational formula or procedure; or

(6) except as otherwise provided in subsection (c) of this section, any other method, if the identity of the collateral is objectively determinable.

(c) A description of collateral as “all the debtor's assets” or “all the debtor's personal property” or using words of similar import does not reasonably identify the collateral.

(d) Except as otherwise provided in subsection (e) of this section, a description of a security entitlement, securities account, or commodity account is sufficient if it describes:

(1) the collateral by those terms or as investment property; or

(2) the underlying financial asset or commodity contract.

(e) A description only by type of collateral defined in this title is an insufficient description of:

(1) a commercial tort claim; or

(2) in a consumer transaction, consumer goods, a security entitlement, a securities account, or a commodity account.
9 V.S.A. § 2469 — VT Code / Title 9 / Chapter 63 / Section 2469
§ 2469. Loaners
Status: in_force

A loaner must:

(1) be in good working order;

(2) perform the essential functions of the assistive technology device that is being repaired, considering the needs of the user;

(3) not create a threat to the safety of the user; and

(4) be provided to the consumer by the manufacturer through the assistive device dealer within two business days after notice from the consumer of the nonconformity, except in the case of an assistive device that requires extensive custom retrofit in order to perform the essential functions. Such a custom device shall be provided as soon as reasonably possible, but in no case later than 10 business days after notice.
9A V.S.A. § 103 — VT Code / Title 9A / Chapter 2 / Section 103
§§ 2-103. Definitions and index of definitions
Status: reserved

(1) In this article unless the context otherwise requires:

(a) “Buyer” means a person who buys or contracts to buy goods.

(b) [Reserved.]

(c) “Receipt” of goods means taking physical possession of them.

(d) “Seller” means a person who sells or contracts to sell goods.

(2) Other definitions applying to this article or to specified parts thereof, and the sections in which they appear are:

“Acceptance”. Section 2—606.

“Banker's credit”. Section 2—325.

“Between merchants”. Section 2—104.

“Cancellation”. Section 2—106(4).

“Commercial unit”. Section 2—105.

“Confirmed credit”. Section 2—325.

“Conforming to contract”. Section 2—106.

“Contract for sale”. Section 2—106.

“Cover”. Section 2—712.

“Entrusting”. Section 2—403.

“Financing agency”. Section 2—104.

“Future goods”. Section 2—105.

“Goods”. Section 2—105.

“Identification”. Section 2—501.

“Installment contract”. Section 2—612.

“Letter of Credit”. Section 2—325.

“Lot”. Section 2—105.

“Merchant”. Section 2—104.

“Overseas”. Section 2—323.

“Person in position of seller”. Section 2—707.

“Present sale”. Section 2—106.

“Sale”. Section 2—106.

“Sale on approval”. Section 2—326.

“Sale or return”. Section 2—326.

“Termination”. Section 2—106.

(3) “Control” as provided in section 7—106 of this title and the following definitions in other articles apply to this article:

“Check”. Section 3—104.

“Consignee”. Section 7—102.

“Consignor”. Section 7—102.

“Consumer goods”. Section 9—102.

“Dishonor”. Section 3—502.

“Draft”. Section 3—104.

(4) In addition Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
9A V.S.A. § 719 — VT Code / Title 9A / Chapter 2 / Section 719
§§ 2-719. Contractual modification or limitation of remedy
Status: in_force

(1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damage:,

(a) the agreement may provide for remedies in addition to or in substitution for those provided in this article and may limit or alter the measure of damages recoverable under this article, as by limiting the buyer's remedies to return of the goods and repayment of the price or to repair and replacement of non-conforming goods or parts; and

(b) resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.

(2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this title.

(3) Consequential damages may be limited unless the limitation is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods or dangerous instrumentalities is prima facie unconscionable but limitation of damages where the loss is commercial is not.
9 V.S.A. § 5101 — VT Code / Title 9 / Chapter 150 / Section 5101
§ 5101. Short title
Status: in_force

This chapter may be cited as the Vermont Uniform Securities Act (2002).
9A V.S.A. § 333 — VT Code / Title 9A / Chapter 9 / Section 333
§§ 9-333. Priority of certain liens arising by operation of law
Status: in_force

(a) In this section, “possessory lien” means an interest, other than a security interest or an agricultural lien:

(1) which secures payment or performance of an obligation for services or materials furnished with respect to goods by a person in the ordinary course of the person's business;

(2) which is created by statute or rule of law in favor of the person; and

(3) whose effectiveness depends on the person's possession of the goods.

(b) A possessory lien on goods has priority over a security interest in the goods unless the lien is created by a statute that expressly provides otherwise.
9 V.S.A. § 2288 — VT Code / Title 9 / Chapter 57 / Section 2288
§ 2288. Transfer or obligation voidable as to present or future creditor
Status: in_force

(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 made the transfer or incurred the obligation:

(1) with actual intent to hinder, delay, or defraud any creditor of the debtor; or

(2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:

(A) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or

(B) intended to incur, or believed or reasonably should have believed that he or she would incur, debts beyond his or her ability to pay as they became due.

(b) In determining actual intent under subdivision (a)(1) of this section, consideration may be given, among other factors, to whether:

(1) the transfer or obligation was to an insider;

(2) the debtor retained possession or control of the property transferred after the transfer;

(3) the transfer or obligation was disclosed or concealed;

(4) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;

(5) the transfer was of substantially all the debtor's assets;

(6) the debtor absconded;

(7) the debtor removed or concealed assets;

(8) the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;

(9) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;

(10) the transfer occurred shortly before or shortly after a substantial debt was incurred; and

(11) the debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.

(c) A creditor making a claim for relief under subsection (a) of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
9 V.S.A. § 2672 — VT Code / Title 9 / Chapter 73 / Section 2672
§ 2672. Packages, declarations of quantity and origin; variations; exemptions
Status: in_force

(a) Except as otherwise provided in this chapter, any commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale in intrastate commerce, shall bear on the outside of the package such definite, plain, and conspicuous declarations of:

(1) the identity of the commodity in the package unless the same can easily be identified through the wrapper or container;

(2) the net quantity of the contents in terms of weight, measure, or count; and

(3) in the case of any package kept, offered, or exposed for sale, or sold any place other than on the premises where packed, the name and place of business of the manufacturer, packer, or distributor as may be prescribed by regulation issued by the Secretary.

(b) In connection with the declaration required under subdivision (a)(2) of this section, neither the qualifying term “when packed” or any words of similar import, nor any term qualifying a unit of weight, measure, or count, for example, “jumbo,” “giant,” “full,” and the like, that tends to exaggerate the amount of commodity in a package, may be used. Under subdivision (a)(2) of this section the Secretary may, by regulation, establish: reasonable variations to be allowed, which may include variations below the declared weight or measure caused by ordinary and customary exposure, only after the commodity is introduced into intrastate commerce, to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure; exemptions as to small packages; and exemptions as to commodities put up in variable weights or sizes for sale intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer.
9 V.S.A. § 2459 — VT Code / Title 9 / Chapter 63 / Section 2459
§ 2459. Assurance of discontinuance
Status: in_force

(a) In any case where the Attorney General or a State's Attorney has authority to institute an action or proceeding under section 2458 of this title, in lieu thereof he or she may accept an assurance of discontinuance of any method, act, or practice in violation of this chapter from any person alleged to be engaged or to have been engaged in such method, act, or practice. Such assurance may include a stipulation for affirmative action by such person, payment of a civil forfeiture and the costs of investigation, or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved consumers, or any of the above. Any such assurance of discontinuance shall be in writing and be filed with the Washington Superior Court. Evidence of a violation of such assurance shall be prima facie proof of violation of section 2453 of this title, or of any rule of regulation made pursuant to section 2453 of this title in any action or proceeding thereafter brought by the Attorney General or a State's Attorney.

(b) No assurance of discontinuance may be accepted by a State's Attorney without the approval of the Attorney General, who shall indicate his or her approval by countersigning any assurance before it may become effective.
9 V.S.A. § 2766 — VT Code / Title 9 / Chapter 73 / Section 2766
§ 2766. Replacement of security seal; improper handling of weighing or measuring device
Status: in_force

(a) Any service person who breaks a security seal must replace the security seal by installing a new lead and wire security seal bearing the imprint of his or her hand seal having a number registered with the Agency of Agriculture, Food and Markets.

(b) Any person who violates any provision of sections 2725, 2727, 2728, 2729 inclusive of this title or a dealer or service person who does not have a certificate of registration in full force before engaging in that business, or any person who repairs his or her own weighing or measuring device, or breaks a security seal without a license and uses the device commercially before being tested by the Agency of Agriculture, Food and Markets or permission is given for its use by the Secretary, shall be fined not more than $100.00 for the first offense and not more than $200.00 for each subsequent offense.
9A V.S.A. § 312 — VT Code / Title 9A / Chapter 3 / Section 312
§§ 3-312. Lost, destroyed, or stolen cashier's check, teller's check, or certified check
Status: in_force

(a) In this section:

(1) “Check” means a cashier's check, teller's check, or certified check.

(2) “Claimant” means a person who claims the right to receive the amount of a cashier's check, teller's check, or certified check that was lost, destroyed, or stolen.

(3) “Declaration of loss” means a written statement, made under penalty of perjury, to the effect that (i) the declarer lost possession of a check, (ii) the declarer is the drawer or payee of the check, in the case of a certified check, or the remitter or payee of the check, in the case of a cashier's check or teller's check, (iii) the loss of possession was not the result of a transfer by the declarer or a lawful seizure, and (iv) the declarer cannot reasonably obtain possession of the check because the check was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.

(4) “Obligated bank” means the issuer of a cashier's check or teller's check or the acceptor of a certified check.

(b) A claimant may assert a claim to the amount of a check by a communication to the obligated bank describing the check with reasonable certainty and requesting payment of the amount of the check, if (i) the claimant is the drawer or payee of a certified check or the remitter or payee of a cashier's check or teller's check, (ii) the communication contains or is accompanied by a declaration of loss of the claimant with respect to the check, (iii) the communication is received at a time and in a manner affording the bank a reasonable time to act on it before the check is paid, and (iv) the claimant provides reasonable identification if requested by the obligated bank. Delivery of a declaration of loss is a warranty of the truth of the statements made in the declaration. If a claim is asserted in compliance with this subsection, the following rules apply:

(1) The claim becomes enforceable at the later of (i) the time the claim is asserted, or (ii) the 90th day following the date of the check, in the case of a cashier's check or teller's check, or the 90th day following the date of the acceptance, in the case of a certified check.

(2) Until the claim becomes enforceable, it has no legal effect and the obligated bank may pay the check or, in the case of a teller's check, may permit the drawee to pay the check. Payment to a person entitled to enforce the check discharges all liability of the obligated bank with respect to the check.

(3) If the claim becomes enforceable before the check is presented for payment, the obligated bank is not obliged to pay the check.

(4) When the claim becomes enforceable, the obligated bank becomes obliged to pay the amount of the check to the claimant if payment of the check has not been made to a person entitled to enforce the check. Subject to section 4—302(a)(1) of this title, payment to the claimant discharges all liability of the obligated bank with respect to the check.

(c) If the obligated bank pays the amount of a check to a claimant under subdivision (b)(4) of this section and the check is presented for payment by a person having rights of a holder in due course, the claimant is obliged to (i) refund the payment to the obligated bank if the check is paid, or (ii) pay the amount of the check to the person having rights of a holder in due course if the check is dishonored.

(d) If a claimant has the right to assert a claim under subsection (b) of this section and is also a person entitled to enforce a cashier's check, teller's check, or certified check which is lost, destroyed, or stolen, the claimant may assert rights with respect to the check either under this section or section 3—309 of this title.
9 V.S.A. § 3048 — VT Code / Title 9 / Chapter 82A / Section 3048
§ 3048. Penalties; enforcement
Status: in_force

(a) Any person who violates the requirements of this chapter shall be liable for a civil penalty of not more than $1,000.00 per day, per product. Calculation of the civil penalty shall not be made or multiplied by the number of individual packages of the same product displayed or offered for retail sale. Civil penalties assessed under this section shall accrue and be assessed per each uniquely named, designated, or marketed product.

(b) The Attorney General shall have the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions as provided under chapter 63, subchapter 1 of this title. Consumers shall have the same rights and remedies as provided under chapter 63, subchapter 1 of this title.
9A V.S.A. § 612 — VT Code / Title 9A / Chapter 2 / Section 612
§§ 2-612. "Installment contract"; breach
Status: in_force

(1) An “installment contract” is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause “each delivery is a separate contract” or its equivalent.

(2) The buyer may reject any installment which is nonconforming if the nonconformity substantially impairs the value of that installment and cannot be cured or if the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (3) of this section and the seller gives adequate assurance of its cure the buyer must accept that installment.

(3) Whenever nonconformity or default with respect to one or more installments substantially impairs the value of the whole contract there is a breach of the whole. But the aggrieved party reinstates the contract if he or she accepts a nonconforming installment without seasonably notifying of cancellation or if he or she brings an action with respect only to past installments or demands performance as to future installments.
9 V.S.A. § 2154 — VT Code / Title 9 / Chapter 53 / Section 2154
§ 2154. Assignee's bond
Status: in_force

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 of making such assignment, and the same may be prosecuted by parties aggrieved as provided in 14 V.S.A. chapter 101, relative to bonds governed by that chapter.
9A V.S.A. § 403 — VT Code / Title 9A / Chapter 2 / Section 403
§§ 2-403. Power to transfer; good faith purchase of goods; "entrusting"
Status: in_force

(1) A purchaser of goods acquires all title which his or her transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase the purchaser has such power even though:

(a) the transferor was deceived as to the identity of the purchaser, or

(b) the delivery was in exchange for a check which is later dishonored, or

(c) it was agreed that the transaction was to be a “cash sale”, or

(d) the delivery was procured through fraud punishable as larcenous under the criminal law.

(2) Any entrusting of possession of goods to a merchant who deals in goods of that kind gives him or her power to transfer all rights of the entruster to a buyer in ordinary course of business.

(3) “Entrusting” includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor's disposition of the goods has been such as to be larcenous under the criminal law.

(4) The rights of other purchasers of goods and of lien creditors are governed by the articles on Secured Transactions (Article 9), and Documents of Title (Article 7).
9A V.S.A. § 605 — VT Code / Title 9A / Chapter 9 / Section 605
§§ 9-605. Unknown debtor or secondary obligor
Status: in_force

(a) Except as provided in subsection (b) of this section, a secured party does not owe a duty based on its status as secured party:

(1) to a person that is a debtor or obligor, unless the secured party knows:

(A) that the person is a debtor or obligor;

(B) the identity of the person; and

(C) how to communicate with the person; or

(2) to a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:

(A) that the person is a debtor; and

(B) the identity of the person.

(b) A secured party owes a duty based on its status as a secured party to a person if, at the time the secured party obtains control of collateral that is a controllable account, controllable electronic record, or controllable payment intangible or at the time the security interest attaches to the collateral, whichever is later:

(1) the person is a debtor or obligor; and

(2) the secured party knows that the information in subdivision (a)(1)(A), (B), or (C) of this section relating to the person is not provided by the collateral, a record attached to or logically associated with the collateral, or the system in which the collateral is recorded.
9 V.S.A. § 3683a — VT Code / Title 9 / Chapter 93 / Section 3683a
§ 3683a. Agreement authorized
Status: in_force

(a) The Agency of Transportation is hereby directed to enter into an agreement before July 1, 1961, with the U.S. Secretary of Commerce as provided in the federal laws relating to the National System of Interstate and Defense Highways, but the agreement shall not apply to those segments of the interstate system that traverse commercial or industrial zones within the boundaries of incorporated municipalities as such boundaries existed on September 21, 1959, wherein the use of real property adjacent to the interstate system is subject to municipal regulation or control, or that traverse other areas where the land use as of September 21, 1959, was clearly established by State law as industrial or commercial. Such agreement shall continue valid and binding on all concerned notwithstanding jurisdiction thereof is transferred to an officer or agency of the United States other than the Secretary of Commerce.

(b) In addition to the agreement authorized by subsection (a) of this section, the Agency of Transportation is authorized and directed to enter into such further agreements with the Secretary of Commerce or any other appropriate officer or agency of the United States as may be necessary to continue the receipt of bonus payments and to prevent the loss of federal-aid highway funds under Public Law 89-285, and notwithstanding the provisions of subsection (a) of this section such agreement may, when necessary, apply to commercial and industrial areas.

(c) The Agency of Transportation is authorized and directed on behalf of this State to consult with the Secretary of Commerce or any other appropriate officer or agency of the United States relative to provisions for signs, displays, and devices permitted at appropriate distances from interchanges on the interstate system in accordance with 23 U.S.C. § 131(f) as revised by Public Law 89-285, dated October 22, 1965.

(d) The Agency of Transportation is authorized to adopt such rules and standards as may, in its judgment, be necessary to carry out the policy of this State as set forth in chapter 93, subchapter 2 of this title, provided the rules and standards are not less restrictive than any national standards promulgated by the U.S. Secretary of Commerce pursuant to Title 23 of the U.S. Code, or any other appropriate officer or agency of the United States.
9A V.S.A. § 307 — VT Code / Title 9A / Chapter 1 / Section 307
§§ 1-307. Prima facie evidence by third-party documents
Status: in_force

A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.
9A V.S.A. § 104 — VT Code / Title 9A / Chapter 2A / Section 104
§§ 2A-104. Leases subject to other law
Status: in_force

(1) A lease, although subject to this article, is also subject to any applicable:

(a) certificate of title statutes of this state, including 23 V.S.A. chapter 21 (motor vehicles), and 23 V.S.A chapter 36 (motorboats);

(b) certificate of title statute of another jurisdiction (§ 2A—105); or

(c) consumer protection statute of this state, including the provisions of chapter 63 of Title 9 and the provisions of chapter 65 of Title 9 relating to agricultural leases, or a final consumer protection decision of a court of this state existing on January 1, 1995.

(2) In case of conflict between this article, other than sections 2A—105, 2A—304(3), and 2A—305(3) of this title, and a statute or decision referred to in subsection (1), the statute or decision controls.

(3) Failure to comply with an applicable law has only the effect specified therein.
9A V.S.A. § 627 — VT Code / Title 9A / Chapter 9 / Section 627
§§ 9-627. Determination of whether conduct was commercially reasonable
Status: in_force

(a) The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing that the collection, enforcement, disposition, or acceptance was made in a commercially reasonable manner.

(b) A disposition of collateral is made in a commercially reasonable manner if the disposition is made:

(1) in the usual manner on any recognized market;

(2) at the price current in any recognized market at the time of the disposition; or

(3) otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.

(c) A collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved:

(1) in a judicial proceeding;

(2) by a bona fide creditors' committee;

(3) by a representative of creditors; or

(4) by an assignee for the benefit of creditors.

(d) Approval under subsection (c) of this section need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition, or acceptance is not commercially reasonable.
9 V.S.A. § 2641 — VT Code / Title 9 / Chapter 73 / Section 2641
§ 2641. Powers and duties of inspector
Status: in_force

The powers and duties given to the Secretary by sections 2634-2640 and 2767 of this title are also given to and imposed upon the inspectors when acting under the instructions and at the direction of the Secretary.
9 V.S.A. § 4605 — VT Code / Title 9 / Chapter 143 / Section 4605
§ 4605. Preservation of secrecy
Status: in_force

In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.