reglab/housing_qa huggingface dataset:
6 DE Code § 8-112. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 1. Short Title and General Matters|§ 8-112. Creditor's legal process.

§ 8-112. Creditor's legal process. (a) Except to the extent otherwise provided or permitted by §§ 169 and 324 of Title 8, §§ 365, 366 and Chapter 35 of Title 10, and subsection (d) hereof, the interest of a debtor in a certificated security may be reached by a creditor only by actual seizure of the security certificate by the officer making the attachment or levy. However, a certificated security for which the certificate has been surrendered to the issuer may be reached by a creditor by legal process upon the issuer. (b) Except to the extent otherwise provided or permitted by §§ 169 and 324 of Title 8, §§ 365, 366 and Chapter 35 of Title 10, and subsection (d) hereof, the interest of a debtor in an uncertificated security may be reached by a creditor only by legal process upon the issuer at its chief executive office in the United States. (c) The interest of a debtor in a security entitlement may be reached by a creditor only by legal process upon the securities intermediary with whom the debtor's securities account is maintained, except as otherwise provided in subsection (d). (d) The interest of a debtor in a certificated security for which the certificate is in the possession of a secured party, or in an uncertificated security registered in the name of a secured party, or a security entitlement maintained in the name of a secured party, may be reached by a creditor by legal process upon the secured party. (e) A creditor whose debtor is the owner of a certificated security, uncertificated security, or security entitlement is entitled to aid from a court of competent jurisdiction, by injunction or otherwise, in reaching the certificated security, uncertificated security, or security entitlement or in satisfying the claim by means allowed at law or in equity in regard to property that cannot readily be reached by other legal process. 5A Del. C. 1953, §§  8-317;  55 Del. Laws, c. 349;  64 Del. Laws, c. 152, §  6;  71 Del. Laws, c. 75, §  1;
6 DE Code § 8-113. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 1. Short Title and General Matters|§ 8-113. Statute of frauds inapplicable.

§ 8-113. Statute of frauds inapplicable. A contract or modification of a contract for the sale or purchase of a security is enforceable whether or not there is a writing signed or record authenticated by a party against whom enforcement is sought, even if the contract or modification is not capable of performance within one year of its making. 5A Del. C. 1953, §§  8-319;  55 Del. Laws, c. 349;  64 Del. Laws, c. 152, §  6;  71 Del. Laws, c. 75, §  1;
6 DE Code § 8-114. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 1. Short Title and General Matters|§ 8-114. Evidentiary rules concerning certificated securities.

§ 8-114. Evidentiary rules concerning certificated securities. The following rules apply in an action on a certificated security against the issuer:  (1) Unless specifically denied in the pleadings, each signature on a security certificate or in a necessary endorsement is admitted. (2) If the effectiveness of a signature is put in issue, the burden of establishing effectiveness is on the party claiming under the signature, but the signature is presumed to be genuine or authorized. (3) If signatures on a security certificate are admitted or established, production of the certificate entitles a holder to recover on it unless the defendant establishes a defense or a defect going to the validity of the security. (4) If it is shown that a defense or defect exists, the plaintiff has the burden of establishing that the plaintiff or some person under whom the plaintiff claims is a person against whom the defense or defect cannot be asserted.71 Del. Laws, c. 75, §  1;
6 DE Code § 8-115. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 1. Short Title and General Matters|§ 8-115. Securities intermediary and others not liable to adverse claimant.

§ 8-115. Securities intermediary and others not liable to adverse claimant. A securities intermediary that has transferred a financial asset pursuant to an effective entitlement order, or a broker or other agent or bailee that has dealt with a financial asset at the direction of its customer or principal, is not liable to a person having an adverse claim to the financial asset, unless the securities intermediary, or broker or other agent or bailee:  (1) took the action after it had been served with an injunction, restraining order, or other legal process enjoining it from doing so, issued by a court of competent jurisdiction, and had a reasonable opportunity to act on the injunction, restraining order, or other legal process; or (2) acted in collusion with the wrongdoer in violating the rights of the adverse claimant; or (3) in the case of a security certificate that has been stolen, acted with notice of the adverse claim.71 Del. Laws, c. 75, §  1;
6 DE Code § 8-116. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 1. Short Title and General Matters|§ 8-116. Securities intermediary as purchaser for value.

§ 8-116. Securities intermediary as purchaser for value. A securities intermediary that receives a financial asset and establishes a security entitlement to the financial asset in favor of an entitlement holder is a purchaser for value of the financial asset. A securities intermediary that acquires a security entitlement to a financial asset from another securities intermediary acquires the security entitlement for value if the securities intermediary acquiring the security entitlement establishes a security entitlement to the financial asset in favor of an entitlement holder. 71 Del. Laws, c. 75, §  1;
6 DE Code § 8-201. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 2. Issue and Issuer|§ 8-201. Issuer.

§ 8-201. Issuer. (a) With respect to an obligation on or a defense to a security, an “issuer” includes a person that:  (1) places or authorizes the placing of its name on a security certificate, other than as authenticating trustee, registrar, transfer agent, or the like, to evidence a share, participation, or other interest in its property or in an enterprise, or to evidence its duty to perform an obligation represented by the certificate; (2) creates a share, participation, or other interest in its property or in an enterprise, or undertakes an obligation, that is an uncertificated security; (3) directly or indirectly creates a fractional interest in its rights or property, if the fractional interest is represented by a security certificate; or (4) becomes responsible for, or in place of, another person described as an issuer in this section. (b) With respect to an obligation on or defense to a security, a guarantor is an issuer to the extent of its guaranty, whether or not its obligation is noted on a security certificate. (c) With respect to a registration of a transfer, issuer means a person on whose behalf transfer books are maintained. 5A Del. C. 1953, §§  8-201;  55 Del. Laws, c. 349;  64 Del. Laws, c. 152, §  6;  71 Del. Laws, c. 75, §  1;
6 DE Code § 8-203. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 2. Issue and Issuer|§ 8-203. Staleness as notice of defect or defense.

§ 8-203. Staleness as notice of defect or defense. After an act or event, other than a call that has been revoked, creating a right to immediate performance of the principal obligation represented by a certificated security or setting a date on or after which the security is to be presented or surrendered for redemption or exchange, a purchaser is charged with notice of any defect in its issue or defense of the issuer, if the act or event:  (1) requires the payment of money, the delivery of a certificated security, the registration of transfer of an uncertificated security, or any of them on presentation or surrender of the security certificate, the money or security is available on the date set for payment or exchange, and the purchaser takes the security more than one year after that date; or (2) is not covered by paragraph (1) and the purchaser takes the security more than two years after the date set for surrender or presentation or the date on which performance became due.5A Del. C. 1953, §§  8-203;  55 Del. Laws, c. 349;  64 Del. Laws, c. 152, §  6;  71 Del. Laws, c. 75, §  1;
6 DE Code § 8-204. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 2. Issue and Issuer|§ 8-204. Effect of issuer's restriction on transfer.

§ 8-204. Effect of issuer's restriction on transfer. A restriction on transfer of a security imposed by the issuer, even if otherwise lawful, is ineffective against a person without knowledge of the restriction unless:  (1) the security is certificated and the restriction is noted conspicuously on the security certificate; or (2) the security is uncertificated and the registered owner has been notified of the restriction.5A Del. C. 1953, §§  8-204;  55 Del. Laws, c. 349;  64 Del. Laws, c. 152, §  6;  71 Del. Laws, c. 75, §  1;
6 DE Code § 8-205. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 2. Issue and Issuer|§ 8-205. Effect of unauthorized signature on certificated security.

§ 8-205. Effect of unauthorized signature on certificated security. An unauthorized signature placed on a security certificate before or in the course of issue is ineffective, but the signature is effective in favor of a purchaser for value of the certificated security if the purchaser is without notice of the lack of authority and the signing has been done by:  (1) an authenticating trustee, registrar, transfer agent, or other person entrusted by the issuer with the signing of the security certificate or of similar security certificates, or the immediate preparation for signing of any of them; or (2) an employee of the issuer, or of any of the persons listed in paragraph (1), entrusted with responsible handling of the security certificate.5A Del. C. 1953, §§  8-205;  55 Del. Laws, c. 349;  64 Del. Laws, c. 152, §  6;  71 Del. Laws, c. 75, §  1;
6 DE Code § 8-206. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 2. Issue and Issuer|§ 8-206. Completion or alteration of certificated security.

§ 8-206. Completion or alteration of certificated security. (a) If a security certificate contains the signatures necessary to its issue or transfer but is incomplete in any other respect:  (1) any person may complete it by filling in the blanks as authorized; and (2) even if the blanks are incorrectly filled in, the security certificate as completed is enforceable by a purchaser who took it for value and without notice of the incorrectness. (b) A complete security certificate that has been improperly altered, even if fraudulently, remains enforceable, but only according to its original terms. 5A Del. C. 1953, §§  8-206;  55 Del. Laws, c. 349;  64 Del. Laws, c. 152, §  6;  71 Del. Laws, c. 75, §  1;
6 DE Code § 8-207. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 2. Issue and Issuer|§ 8-207. Rights and duties of issuer with respect to registered owners.

§ 8-207. Rights and duties of issuer with respect to registered owners. (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. 5A Del. C. 1953, §§  8-207;  55 Del. Laws, c. 349;  64 Del. Laws, c. 152, §  6;  71 Del. Laws, c. 75, §  1;
6 DE Code § 8-208. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 2. Issue and Issuer|§ 8-208. Effect of signature of authenticating trustee, registrar, or transfer agent.

§ 8-208. Effect of signature of authenticating trustee, registrar, or transfer agent. (a) A person signing a security certificate as authenticating trustee, registrar, transfer agent, or the like, warrants to a purchaser for value of the certificated security, if the purchaser is without notice of a particular defect, that:  (1) the certificate is genuine; (2) the person's own participation in the issue of the security is within the person's capacity and within the scope of the authority received by the person from the issuer; and (3) the person has reasonable grounds to believe that the certificated security is in the form and within the amount the issuer is authorized to issue. (b) Unless otherwise agreed, a person signing under subsection (a) does not assume responsibility for the validity of the security in other respects. 5A Del. C. 1953, §§  8-208;  55 Del. Laws, c. 349;  64 Del. Laws, c. 152, §  6;  71 Del. Laws, c. 75, §  1;
6 DE Code § 8-209. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 2. Issue and Issuer|§ 8-209. Issuer's lien.

§ 8-209. Issuer's lien. A lien in favor of an issuer upon a certificated security is valid against a purchaser only if the right of the issuer to the lien is noted conspicuously on the security certificate. 5A Del. C. 1953, §§  8-103;  55 Del. Laws, c. 349;  64 Del. Laws, c. 152, §  6;  71 Del. Laws, c. 75, §  1;
6 DE Code § 8-210. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 2. Issue and Issuer|§ 8-210. Overissue.

§ 8-210. Overissue. (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), 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. 71 Del. Laws, c. 75, §  1;
6 DE Code § 8-301. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 3. Transfer of Certificated and Uncertificated Securities|§ 8-301. Delivery.

§ 8-301. Delivery. (a) Delivery of a certificated security to a purchaser occurs when:  (1) the purchaser acquires possession of the security certificate; (2) another person, other than a securities intermediary, either acquires possession of the security certificate on behalf of the purchaser or, having previously acquired possession of the certificate, acknowledges that it holds for the purchaser; or (3) a securities intermediary acting on behalf of the purchaser acquires possession of the security certificate, only if the certificate is in registered form and is (i) registered in the name of the purchaser, (ii) payable to the order of the purchaser, or (iii) specially indorsed to the purchaser by an effective indorsement and has not been indorsed to the securities intermediary or in blank. (b) Delivery of an uncertificated security to a purchaser occurs when:  (1) the issuer registers the purchaser as the registered owner, upon original issue or registration of transfer; or (2) another person, other than a securities intermediary, either becomes the registered owner of the uncertificated security on behalf of the purchaser or, having previously become the registered owner, acknowledges that it holds for the purchaser.5A Del. C. 1953, §§  8-313;  55 Del. Laws, c. 349;  64 Del. Laws, c. 152, §  6;  71 Del. Laws, c. 75, §  1;  72 Del. Laws, c. 401, §  22;
6 DE Code § 8-302. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 3. Transfer of Certificated and Uncertificated Securities|§ 8-302. Rights of purchaser.

§ 8-302. Rights of purchaser. (a) Except as otherwise provided in subsections (b) and (c), a purchaser of a certificated or uncertificated security acquires all rights in the security that the transferor had or had power to transfer. (b) A purchaser of a limited interest acquires rights only to the extent of the interest purchased. (c) A purchaser of a certificated security who as a previous holder had notice of an adverse claim does not improve its position by taking from a protected purchaser. 5A Del. C. 1953, §§  8-301;  55 Del. Laws, c. 349;  64 Del. Laws, c. 152, §  6;  71 Del. Laws, c. 75, §  1;  72 Del. Laws, c. 401, §  23;  74 Del. Laws, c. 332, §  42;
6 DE Code § 8-303. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 3. Transfer of Certificated and Uncertificated Securities|§ 8-303. Protected purchaser.

§ 8-303. Protected purchaser. (a) “Protected purchaser” means a purchaser of a certificated or uncertificated security, or of an interest therein, who:  (1) gives value; (2) does not have notice of any adverse claim to the security; and (3) obtains control of the certificated or uncertificated security. (b) In addition to acquiring the rights of a purchaser, a protected purchaser also acquires its interest in the security free of any adverse claim. 5A Del. C. 1953, §§  8-302;  55 Del. Laws, c. 349;  64 Del. Laws, c. 152, §  6;  71 Del. Laws, c. 75, §  1;
6 DE Code § 8-304. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 3. Transfer of Certificated and Uncertificated Securities|§ 8-304. Endorsement.

§ 8-304. Endorsement. (a) An endorsement may be in blank or special. An endorsement in blank includes an endorsement to bearer. A special endorsement specifies to whom a security is to be transferred or who has power to transfer it. A holder may convert a blank endorsement to a special endorsement. (b) An endorsement purporting to be only of part of a security certificate representing units intended by the issuer to be separately transferable is effective to the extent of the endorsement. (c) An endorsement, whether special or in blank, does not constitute a transfer until delivery of the certificate on which it appears or, if the endorsement is on a separate document, until delivery of both the document and the certificate. (d) If a security certificate in registered form has been delivered to a purchaser without a necessary endorsement, the purchaser may become a protected purchaser only when the endorsement is supplied. However, against a transferor, a transfer is complete upon delivery and the purchaser has a specifically enforceable right to have any necessary endorsement supplied. (e) An endorsement of a security certificate in bearer form may give notice of an adverse claim to the certificate, but it does not otherwise affect a right to registration that the holder possesses. (f) Unless otherwise agreed, a person making an endorsement assumes only the obligations provided in Section 8-108 and not an obligation that the security will be honored by the issuer. 5A Del. C. 1953, §§  8-308;  55 Del. Laws, c. 349;  64 Del. Laws, c. 152, §  6;  71 Del. Laws, c. 75, §  1;
6 DE Code § 8-305. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 3. Transfer of Certificated and Uncertificated Securities|§ 8-305. Instruction.

§ 8-305. Instruction. (a) If an instruction has been originated by an appropriate person but is incomplete in any other respect, any person may complete it as authorized and the issuer may rely on it as completed, even though it has been completed incorrectly. (b) Unless otherwise agreed, a person initiating an instruction assumes only the obligations imposed by Section 8-108 and not an obligation that the security will be honored by the issuer. 5A Del. C. 1953, §§  8-308;  55 Del. Laws, c. 349;  64 Del. Laws, c. 152, §  6;  71 Del. Laws, c. 75, §  1;
6 DE Code § 8-306. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 8. Investment Securities|Part 3. Transfer of Certificated and Uncertificated Securities|§ 8-306. Effect of guaranteeing signature, endorsement, or instruction.

§ 8-306. Effect of guaranteeing signature, endorsement, or instruction. (a) A person who guarantees a signature of an endorser of a security certificate warrants that at the time of signing:  (1) the signature was genuine; (2) the signer was an appropriate person to endorse, or if the signature is by an agent, the agent had actual authority to act on behalf of the appropriate person; and (3) the signer had legal capacity to sign. (b) A person who guarantees a signature of the originator of an instruction warrants that at the time of signing:  (1) the signature was genuine;  (2) the signer was an appropriate person to originate the instruction, or if the signature is by an agent, the agent had actual authority to act on behalf of the appropriate person, if the person specified in the instruction as the registered owner was, in fact, the registered owner, as to which fact the signature guarantor does not make a warranty; and (3) the signer had legal capacity to sign.  (c) A person who specially guarantees the signature of an originator of an instruction makes the warranties of a signature guarantor under subsection (b) and also warrants that at the time the instruction is presented to the issuer:  (1) the person specified in the instruction as the registered owner of the uncertificated security will be the registered owner; and (2) the transfer of the uncertificated security requested in the instruction will be registered by the issuer free from all liens, security interests, restrictions, and claims other than those specified in the instruction. (d) A guarantor under subsections (a) and (b) or a special guarantor under subsection (c) does not otherwise warrant the rightfulness of the transfer. (e) A person who guarantees an endorsement of a security certificate makes the warranties of a signature guarantor under subsection (a) and also warrants the rightfulness of the transfer in all respects. (f) A person who guarantees an instruction requesting the transfer of an uncertificated security makes the warranties of a special signature guarantor under subsection (c) and also warrants the rightfulness of the transfer in all respects. (g) An issuer may not require a special guaranty of signature, a guaranty of endorsement, or a guaranty of instruction as a condition to registration of transfer. (h) The warranties under this section are made to a person taking or dealing with the security in reliance on the guaranty, and the guarantor is liable to the person for loss resulting from their breach. An endorser or originator of an instruction whose signature, endorsement, or instruction has been guaranteed is liable to a guarantor for any loss suffered by the guarantor as a result of breach of the warranties of the guarantor. 5A Del. C. 1953, §§  8-312;  55 Del. Laws, c. 349;  64 Del. Laws, c. 152, §  6;  71 Del. Laws, c. 75, §  1;