reglab/housing_qa huggingface dataset:
AK Stat § 34.40.113 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 40. Fraudulent Transfers, Revocations, and Trusts|Sec. 34.40.113. Discretionary interests in irrevocable trusts.

(a) This section applies to a creditor's claim with respect to a discretionary interest in an irrevocable trust unless the trust instrument provides otherwise. (b) A discretionary interest in an irrevocable trust is not a property interest or an enforceable right. It is an expectancy that a creditor of a beneficiary may not attach or otherwise reach. (c) A creditor of a beneficiary may not force a distribution with regard to a discretionary interest in an irrevocable trust. A creditor may not compel a trustee to exercise the trustee's discretion to make a distribution with regard to a discretionary interest in an irrevocable trust. (d) Even if a beneficiary has an outstanding creditor, in the case of a discretionary interest in an irrevocable trust, a trustee who has the authority to pay income or principal to a beneficiary may pay it to a third party if the payment is for the benefit of the beneficiary. A trustee is not liable to a creditor for paying income or principal on behalf of the beneficiary. (e) A creditor of a beneficiary may not maintain an action or a proceeding in court that interferes with the trustee's discretion to apply income or principal on behalf of the beneficiary. (f) A creditor of a beneficiary may not obtain an order of attachment or similar relief that would prevent a trustee from making a discretionary payment to a third party on behalf of the beneficiary. (g) This section does not prevent a creditor from obtaining relief from a fraudulent transfer under AS 34.40.110. (h) In this section, a beneficiary's entitlement to a distribution is within the discretion of a trustee, whether or not the trust instrument states the purposes for the distribution or uses “may,” “shall,” “sole and absolute,” “uncontrolled,” or similar words. (i) In this section, “discretionary interest” means a beneficiary's interest in an irrevocable trust if the beneficiary's entitlement to a distribution is within the discretion of the trustee.
AK Stat § 34.40.115 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 40. Fraudulent Transfers, Revocations, and Trusts|Sec. 34.40.115. Subjecting appointed property to claims of donee's creditor.

The property that a donee of a power of appointment is authorized to appoint is not subject to the claims of the creditors of the donee except to the extent that a donee of an inter vivos or testamentary power of appointment (1) is permitted by the donor of the power to appoint the property to the donee, the creditors of the donee, the donee's estate, or the creditors of the donee's estate; and (2) effectively exercises the power of appointment in favor of the donee, the creditors of the donee, the donee's estate, or the creditors of the donee's estate.
AK Stat § 34.40.118 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 40. Fraudulent Transfers, Revocations, and Trusts|Sec. 34.40.118. Transfers of individual retirement accounts.

(a) Notwithstanding a provision in AS 09.38.017(d), AS 34.40.110, or another law to the contrary, a person may voluntarily transfer or assign the person's interest in an individual retirement account if the person (1) is the owner of or a participant in the individual retirement account; or (2) acquired the interest as a result of the death of another individual. (b) In this section, “individual retirement account” means an individual retirement account established under 26 U.S.C. 408 or a Roth IRA established under 26 U.S.C. 408A.
AK Stat § 34.40.120 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 40. Fraudulent Transfers, Revocations, and Trusts|Sec. 34.40.120. “Land” and “estate and interest in land” defined.

The term “land” as used in this chapter shall be construed as coextensive in meaning with “lands, tenements, and hereditaments,” and the term “estate and interest in land” shall be construed to embrace every interest, freehold, and chattel, legal and equitable, present and future, vested and contingent in land as defined in this section.
AK Stat § 34.40.130 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 40. Fraudulent Transfers, Revocations, and Trusts|Sec. 34.40.130. “Conveyance” defined.

The term “conveyance,” as used in this chapter, shall be construed to embrace every instrument in writing except a last will and testament, of whatever form and by whatever name it may be known in law, by which an estate or interest in land is created, aliened, assigned, or surrendered.
AK Stat § 34.50.010 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 50. Actions for Injuries to Property Interests|Sec. 34.50.010. Action for injury to the inheritance.

A person seized of an estate in remainder or reversion may maintain a civil action for an injury done to the inheritance, notwithstanding an intervening estate for life or years.
AK Stat § 34.55.004 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 55. Uniform Land Sales Practices Act|Sec. 34.55.004. Administration.

This chapter shall be administered by the department.
AK Stat § 34.55.006 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 55. Uniform Land Sales Practices Act|Sec. 34.55.006. Fraudulent and prohibited practices.

It is unlawful for a person, in connection with the offer, sale, or purchase of subdivided land directly or indirectly, to knowingly (1) employ a device, scheme, or artifice to defraud; (2) make an untrue statement of a material fact or omit a statement of a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or (3) engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon a person.
AK Stat § 34.55.008 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 55. Uniform Land Sales Practices Act|Sec. 34.55.008. Prohibitions on dispositions of interests in subdivisions.

Unless the subdivided land or the transaction is exempt under AS 34.55.042, (1) a person may not offer or dispose of in this state an interest in subdivided land before the time the subdivided land is registered in accordance with this chapter; (2) a person may not dispose of an interest in subdivided land unless a current public offering statement is delivered to the purchaser and the purchaser is afforded a reasonable opportunity to examine the public offering statement before the disposition.
AK Stat § 34.55.012 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 55. Uniform Land Sales Practices Act|Sec. 34.55.012. Public offering statement.

(a) A public offering statement must disclose fully and accurately the physical characteristics of the subdivided land offered and must make known to prospective purchasers all unusual and material circumstances or features affecting the subdivided land. The proposed public offering statement submitted to the department must be in a form prescribed by its regulations and must include (1) the name and principal address of the subdivider; (2) a general description of the subdivided land stating the total number of lots, parcels, units, or interests in the offering; (3) the significant terms of encumbrances, easements, liens, and restrictions, including zoning and other regulations affecting the subdivided land and each unit or lot, and a statement of all existing taxes and existing or proposed special taxes or assessments that affect the subdivided land; (4) a statement of the use for which the property is offered; (5) information concerning improvements, including streets, water supply, levees, drainage control systems, irrigation systems, sewage disposal facilities, and customary utilities, and the estimated cost, date of completion and responsibility for construction and maintenance of existing and proposed improvements that are referred to in connection with the offering or disposition of any interest in subdivided land; (6) additional information required by the department to assure full and fair disclosure to prospective purchasers. (b) The public offering statement may not be used for promotional purposes before registration of the subdivided land and afterwards only if it is used in its entirety. A person may not advertise or represent that the department approves or recommends the subdivided land or its disposition. No portion of the public offering statement may be underscored, italicized, or printed in larger or heavier or different color type than the remainder of the statement unless the department requires it. (c) The department may require the subdivider to alter or amend the proposed public offering statement in order to assure full and fair disclosure to prospective purchasers. A change in the substance of the promotional plan or plan of disposition or development of the subdivision may not be made after registration without notifying the department and without making appropriate amendment of the public offering statement. A public offering statement is not current unless all amendments are incorporated.
AK Stat § 34.55.014 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 55. Uniform Land Sales Practices Act|Sec. 34.55.014. Inquiry and examination.

Upon receipt of an application for registration in proper form, the department shall immediately initiate an examination to determine that (1) the subdivider can convey or cause to be conveyed the interest in subdivided land offered for disposition if the purchaser complies with the terms of the offer, and when appropriate, that release clauses, conveyances in trust or other safeguards have been provided; (2) there is reasonable assurance that all proposed improvements will be completed as represented; (3) the advertising material and the general promotional plan are not false or misleading and comply with the standards prescribed by the department in its regulations and afford full and fair disclosure; (4) the subdivider has not, or if a corporation, its officers, directors, and principals have not, been convicted of a crime involving land dispositions or any aspect of the land sales business in this state, the United States, or any other state or foreign country within the past 10 years and has not been subject to an injunction or administrative order within the past 10 years restraining a false or misleading promotional plan involving land dispositions; (5) the public offering statement requirements of this chapter have been satisfied.
AK Stat § 34.55.016 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 55. Uniform Land Sales Practices Act|Sec. 34.55.016. Notice of filing and registration.

(a) Upon receipt of the application for registration in proper form, the department shall issue a notice of filing to the applicant. Within 90 days from the date of the notice of filing, the department shall enter an order registering the subdivided land or rejecting the registration. If no order of rejection is entered within 90 days from the date of notice of filing, the land shall be considered registered unless the applicant has consented in writing to a delay. (b) If the department affirmatively determines, upon inquiry and examination, that the requirements of AS 34.55.014 have been met, it shall enter an order registering the subdivided land and shall designate the form of the public offering statement. (c) If the department determines upon inquiry and examination that any of the requirements of AS 34.55.014 has not been met, the department shall notify the applicant that the application for registration must be corrected in the particulars specified within 10 days. If the requirements are not met within the time allowed the department shall enter an order rejecting the registration which shall include the findings of fact upon which the order is based. The order rejecting the registration may not become effective for 20 days during which time the applicant may petition for reconsideration and shall be entitled to a hearing.
AK Stat § 34.55.018 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 55. Uniform Land Sales Practices Act|Sec. 34.55.018. Annual report.

(a) Within 30 days after each annual anniversary date of an order registering subdivided land, the subdivider shall file a report in the form prescribed by the regulations of the department. The report must reflect material changes in information contained in the original application for registration. (b) The department at its option may permit the filing of annual reports within 30 days after the anniversary date of the consolidated registration in lieu of the anniversary date of the original registration.
AK Stat § 34.55.020 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 55. Uniform Land Sales Practices Act|Sec. 34.55.020. General powers and duties.

(a) The department shall adopt regulations under AS 44.62 (Administrative Procedure Act). The regulations must include but not be limited to provisions for advertising standards to assure full and fair disclosure; provisions for escrow or trust agreements or other means reasonably to assure that all improvements referred to in the application for registration and advertising will be completed and that purchasers will receive the interest in land contracted for; provisions for operating procedures; and other provisions as are necessary and proper to accomplish the purpose of this chapter. (b) The department, by regulation or by an order, after notice and hearing, may require the filing of advertising material relating to subdivided land before its distribution. (c) If it appears that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter, or a regulation or order under this chapter, the department, with or without prior administrative proceedings may bring an action in the superior court to enjoin the acts or practices and to enforce compliance with this chapter or a regulation or order under this chapter. Upon proper showing, injunctive relief or temporary restraining orders shall be granted, and a receiver or conservator may be appointed. The department is not required to post a bond in court proceedings. (d) The department may intervene in a suit involving subdivided land. In a suit by or against a subdivider involving subdivided land, the subdivider promptly shall furnish the department notice of the suit and copies of all pleadings. (e) The department may (1) accept registrations filed in other states or with the federal government; (2) contract with agencies in this state or other jurisdictions to perform investigative functions; (3) accept grants in aid from any source. (f) The department shall cooperate with similar departments in other jurisdictions to establish uniform filing procedures and forms, uniform public offering statements, advertising standards, rules, and common administrative practices. (g) [Repealed, § 28 ch 90 SLA 1991.]
AK Stat § 34.55.022 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 55. Uniform Land Sales Practices Act|Sec. 34.55.022. Investigations and proceedings.

(a) The department may (1) make necessary public or private investigations inside or outside this state to determine whether a person has violated or is about to violate this chapter or a regulation or order under this chapter or to aid in the enforcement of this chapter or in the adoption of regulations and forms under this chapter; (2) require or permit a person to file a statement in writing, under oath or otherwise as the department determines, as to all the facts and circumstances concerning the matter to be investigated. (b) For the purpose of an investigation or proceeding under this chapter, the department or an officer designated by the department may administer oaths or affirmations, and upon its own motion or upon request of any party shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter that is relevant to the investigation, including the existence, description, nature, custody, condition, and location of books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. (c) Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected, the department may apply to the superior court for an order compelling compliance. (d) Except as otherwise provided in this chapter, all proceedings under this chapter must be in accordance with AS 44.62 (Administrative Procedure Act).
AK Stat § 34.55.024 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 55. Uniform Land Sales Practices Act|Sec. 34.55.024. Cease and desist orders.

(a) The department may issue an order requiring the person to cease and desist from the unlawful practice and to take affirmative action that in the judgment of the department will carry out the purposes of this chapter, if it determines after notice and hearing that a person has (1) violated a provision of this chapter; (2) directly or through an agent or employee knowingly engaged in a false, deceptive, or misleading advertising, promotional or sales method to offer or dispose of an interest in subdivided land; (3) made a substantial change in the plan of disposition and development of the subdivided land subsequent to the order of registration without obtaining prior written approval from the department; (4) disposed of subdivided land that has not been registered with the department; or (5) violated a lawful order or regulation of the department. (b) If the department makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, it may issue a temporary cease and desist order. Before issuing the temporary cease and desist order, the department, whenever possible, by telephone or otherwise shall give notice of the proposal to issue a temporary cease and desist order to the person. Every temporary cease and desist order must include in its terms a provision that upon request a hearing will be held within 10 days to determine whether or not it becomes permanent.
AK Stat § 34.55.026 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 55. Uniform Land Sales Practices Act|Sec. 34.55.026. Revocation.

(a) A registration may be revoked after notice and hearing upon a written finding of fact that the subdivider has (1) failed to comply with the terms of a cease and desist order; (2) been convicted in a court subsequent to the filing of the application for registration for a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions; (3) disposed of, concealed, or diverted funds or assets of any person so as to defeat the rights of subdivision purchasers; (4) failed faithfully to perform a stipulation or agreement made with the department as an inducement to grant a registration, to reinstate a registration, or to approve a promotional plan or public offering statement; (5) made intentional misrepresentations or concealed material facts in an application for registration. (b) The findings of fact, if set out in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. (c) If the department finds after notice and hearing that the subdivider has been guilty of a violation for which revocation could be ordered, it may issue a cease and desist order instead.
AK Stat § 34.55.028 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 55. Uniform Land Sales Practices Act|Sec. 34.55.028. Penalties.

(a) A person who wilfully violates AS 34.55.006 or 34.55.008 is, upon conviction, punishable by a fine of not more than $50,000, or by imprisonment for not less than one year nor more than five years, or by both fine and imprisonment. (b) A violation of this chapter other than as provided in (a) of this section or of a regulation adopted under this chapter is a misdemeanor and is punishable by a fine of not less than $1,000 or double the amount of gain from the transaction, whichever is larger but not more than $50,000, or by imprisonment for not more than six months, or by both fine and imprisonment.
AK Stat § 34.55.030 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 55. Uniform Land Sales Practices Act|Sec. 34.55.030. Civil remedy.

(a) A person who disposes of subdivided land in violation of AS 34.55.006 or 34.55.008 is liable as provided in this section to the purchaser unless in the case of an untruth or omission it is proved that the purchaser knew of the untruth or omission or that the person offering or disposing of subdivided land did not know and in the exercise of reasonable care could not have known of the untruth or omission. (b) In addition to any other remedies, the purchaser, under (a) of this section, may recover the consideration paid for the lot, parcel, unit, or interest in subdivided land together with interest at the rate of six percent a year from the date of payment, property taxes paid, costs, and reasonable attorney fees less the amount of income received from the subdivided land upon tender of appropriate instruments of reconveyance. If the purchaser no longer owns the lot, parcel, unit, or interest in subdivided land, the purchaser may recover the amount that would be recoverable upon a tender of a reconveyance less the value of the land when disposed of and less interest at the rate of six percent a year on that amount from the date of disposition. (c) Every person who directly or indirectly controls a subdivider liable under (a) of this section, every general partner, officer, or director of a subdivider, every person occupying a similar status or performing a similar function, every employee of the subdivider who materially aids in the disposition, and every agent who materially aids in the disposition is also liable jointly and severally with and to the same extent as the subdivider, unless the person otherwise liable sustains the burden of proof that the person did not know and in the exercise of reasonable care could not have known of the existence of the facts by reason of which the liability is alleged to exist. There is a right to contribution as in cases of contract among persons so liable. (d) A person whose occupation gives authority to a statement that has been used with the person's consent in an application for registration or public offering statement, who is not otherwise associated with the subdivision and development plan in a material way, is liable only for false statements and omissions in the person's statement and only if the person fails to prove (1) lack of knowledge of the facts by reason of which the liability is alleged to exist; and (2) that in the exercise of the reasonable care a person in the same occupation could not have known of the existence of the facts by reason of which the liability is alleged to exist. (e) A tender of reconveyance may be made at any time before the entry of judgment. (f) A person may not recover under this section in an action commenced more than four years after the person's first payment of money to the subdivider in the contested transaction. (g) A stipulation or provision purporting to bind a person acquiring subdivided land to waive compliance with this chapter or a regulation or order under it is void.
AK Stat § 34.55.032 (2021)
2021 Alaska Statutes|Title 34. Property|Chapter 55. Uniform Land Sales Practices Act|Sec. 34.55.032. Jurisdiction.

A disposition of subdivided land is subject to this chapter, and the superior court of this state has jurisdiction in claims or causes of action arising under this chapter if (1) the subdivider's principal office is located in this state; (2) an offer or disposition of subdivided land is made in this state, whether or not the offeror or offeree is then present in this state, if the offer originates in this state or is directed by the offeror to a person or place in this state and received by the person or at the place to which it is directed; or (3) the subdivided land is located in this state.