reglab/housing_qa huggingface dataset:
LA Rev Stat § 9:3808 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3808. Check upon principal's account; liability of bank paying

RS 3808 - Check upon principal's account; liability of bank paying  If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal's account the bank is authorized to pay any such check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing such check, or with the knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of, or as security for, a personal debt of the fiduciary to it, the bank is liable to the principal, if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.
LA Rev Stat § 9:3809 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3809. Deposit by fiduciary to his personal credit; duties and liabilities of bank

RS 3809 - Deposit by fiduciary to his personal credit; duties and liabilities of bank  If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own name as fiduciary or of checks payable to him as fiduciary, or of checks drawn by him upon an account in the name of his principal if he is empowered to draw checks thereon, or of checks payable to his principal and endorsed by him, if he is empowered to endorse such checks, or if he otherwise makes a deposit of funds held by him as fiduciary, the bank receiving such deposit is not bound to inquire whether the fiduciary is committing thereby a breach of his obligation as fiduciary; and the bank is authorized to pay the amount of the deposit or any part thereof upon the personal check of the fiduciary without being liable to the principal, unless, the bank receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in making such deposit or in drawing such check, or with knowledge of such facts that its action in receiving the deposit or paying the checks amounts to bad faith.
LA Rev Stat § 9:3810 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3810. Check upon deposit in name of two or more trustees; duties of bank and holder

RS 3810 - Check upon deposit in name of two or more trustees; duties of bank and holder  When a deposit is made in a bank in the name of two or more persons as trustees and a check is drawn upon the trust account, by any trustee or trustees, authorized by the other trustee or trustees to draw checks upon the trust account, neither the payee nor other holder, nor the bank, is bound to inquire whether it is a breach of trust to authorize such trustee or trustees to draw checks upon the trust account, and is not liable unless the circumstances be such that the action of the payee or other holder or the bank amounts to bad faith.
LA Rev Stat § 9:3811 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3811. Transactions prior to January 1, 1925

RS 3811 - Transactions prior to January 1, 1925  The provisions of this Chapter shall not apply to transactions taking place prior to January 1, 1925.
LA Rev Stat § 9:3812 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3812. Cases not provided for; rules applicable

RS 3812 - Cases not provided for; rules applicable  In any case not provided for in this Chapter the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, negotiable instruments and banking, shall continue to apply.
LA Rev Stat § 9:3813 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3813. Uniform construction

RS 3813 - Uniform construction  This Chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
LA Rev Stat § 9:3814 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3814. Short title

RS 3814 - Short title  This Chapter may be cited as the Uniform Fiduciaries Law.
LA Rev Stat § 9:3831 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3831. Definitions

RS 3831 - Definitions  In this Chapter, unless the context otherwise requires:  (1) "Assignment" includes any written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer;  (2) "Claim of beneficial interest" includes a claim of any interest by a decedent's legatee, distributee, heir or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee, or a minor owner of a security registered in the name of a custodian, or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person on his behalf, and includes a claim that the transfer would be in breach of fiduciary duties;  (3) "Corporation" means a private or public corporation, association or trust issuing a security;  (4) "Fiduciary" means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian or nominee;  (5) "Person" includes an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity;  (6) "Security" includes any share of stock, bond, debenture, note or other security issued by a corporation which is registered as to ownership on the books of the corporation;  (7) "Transfer" means a change on the books of a corporation in the registered ownership of a security;  (8) "Transfer agent" means a person employed or authorized by a corporation to transfer securities issued by the corporation. Added by Acts 1960, No. 444, §1.
LA Rev Stat § 9:3832 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3832. Registration in the name of a fiduciary

RS 3832 - Registration in the name of a fiduciary  A corporation or transfer agent registering a security in the name of a person who is a fiduciary or who is described as a fiduciary is not bound to inquire into the existence, extent, or correct description of the fiduciary relationship, and thereafter the corporation and its transfer agent may assume without inquiry that the newly registered owner continues to be the fiduciary until the corporation or transfer agent receives written notice that the fiduciary is no longer acting as such with respect to the particular security. Added Acts 1960, No. 444, §1.
LA Rev Stat § 9:3833 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3833. Assignment by a fiduciary

RS 3833 - Assignment by a fiduciary  Except as otherwise provided in this Chapter, a corporation or transfer agent making a transfer of a security pursuant to an assignment by a fiduciary  (1) may assume without inquiry that the assignment, even though to the fiduciary himself or to his nominee, is within his authority and capacity and is not in breach of his fiduciary duties;  (2) may assume without inquiry that the fiduciary has complied with any controlling instrument and with the law of the jurisdiction governing the fiduciary relationship, including any law requiring the fiduciary to obtain court approval of the transfer; and  (3) is not charged with notice of and is not bound to obtain or examine any court record or any recorded or unrecorded document relating to the fiduciary relationship or the assignment, even though the record or document is in its possession. Added by Acts 1960, No. 444, §1.
LA Rev Stat § 9:3834 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3834. Evidence of appointment or incumbency

RS 3834 - Evidence of appointment or incumbency  A corporation or transfer agent making a transfer pursuant to an assignment by a fiduciary who is not the registered owner shall obtain the following evidence of appointment or incumbency:  (1) In the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of that court or an officer thereof and dated within sixty days before the transfer; or  (2) In any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by the corporation or transfer agent to be responsible or, in the absence of such a document or certificate, other evidence reasonably deemed by the corporation or transfer agent to be appropriate. Corporations and transfer agents may adopt standards with respect to evidence of appointment or incumbency under this paragraph (2) provided such standards are not manifestly unreasonable. Neither the corporation nor transfer agent is charged with notice of the contents of any document obtained pursuant to this paragraph (2) except to the extent that the contents relate directly to the appointment or incumbency. Added by Acts 1960, No. 444, §1.
LA Rev Stat § 9:3835 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3835. Adverse claims

RS 3835 - Adverse claims  A. A person asserting a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment by a fiduciary may give the corporation or transfer agent written notice of the claim. The corporation or transfer agent is not put on notice unless the written notice identifies the claimant, the registered owner and the issue of which the security is a part, provides an address for communications directed to the claimant and is received before the transfer. Nothing in this Chapter relieves the corporation or transfer agent of any liability for making or refusing to make the transfer after it is so put on notice, unless it proceeds in the manner authorized in Sub-section B of this Section. B. As soon as practicable after the presentation of a security for transfer pursuant to an assignment by a fiduciary, a corporation or transfer agent which has received notice of a claim of beneficial interest adverse to the transfer may send notice of the presentation by registered or certified mail to the claimant at the address given by him. If the corporation or transfer agent so mails such a notice it shall withhold the transfer for thirty days after the mailing and shall then make the transfer unless restrained by a court order. Added by Acts 1960, No. 444, §1.
LA Rev Stat § 9:3836 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3836. Non-liability of corporation and transfer agent

RS 3836 - Non-liability of corporation and transfer agent  A corporation or transfer agent incurs no liability to any person by making a transfer or otherwise acting in a manner authorized by this Chapter. Added by Acts 1960, No. 444, §1.
LA Rev Stat § 9:3837 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3837. Non-liability of third persons

RS 3837 - Non-liability of third persons  A. No person who participates in the acquisition, disposition, assignment or transfer of a security by or to a fiduciary including a person who guarantees the signature of the fiduciary is liable for participation in any breach of fiduciary duty by reason of failure to inquire whether the transaction involves such a breach unless it is shown that he acted with actual knowledge that the proceeds of the transaction were being or were to be used wrongfully for the individual benefit of the fiduciary or that the transaction was otherwise in breach of duty. B. If a corporation or transfer agent makes a transfer pursuant to an assignment by a fiduciary, a person who guaranteed the signature of the fiduciary is not liable on the guarantee to any person to whom the corporation or transfer agent incurs no liability by reason of this Chapter. C. This Section does not impose any liability upon the corporation or its transfer agent. Added by Acts 1960, No. 444, §1.
LA Rev Stat § 9:3838 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3838. Territorial application

RS 3838 - Territorial application  A. The rights and duties of a corporation and its transfer agents in registering a security in the name of a fiduciary or in making a transfer of a security pursuant to an assignment by a fiduciary are governed by the law of the jurisdiction under whose laws the corporation is organized. B. This Chapter applies to the rights and duties of a person other than the corporation and its transfer agents with regard to acts and omissions in Louisiana in connection with the acquisition, disposition, assignment or transfer of a security by or to a fiduciary and of a person who guarantees in Louisiana the signature of a fiduciary in connection with such a transaction. Added by Acts 1960, No. 444, §1.
LA Rev Stat § 9:3839 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3839. Tax obligations

RS 3839 - Tax obligations This Chapter does not affect any obligation of a corporation or transfer agent with respect to taxes imposed by the laws of Louisiana. Added by Acts 1960, No. 444, §1; Acts 2010, No. 175, §2.
LA Rev Stat § 9:3840 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3840. Uniformity of interpretation; short title

RS 3840 - Uniformity of interpretation; short title  This Chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it, and it may be cited as the Uniform Law for Simplification of Fiduciary Security Transfers. Added by Acts 1960, No. 444, §1.
LA Rev Stat § 9:3850 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3850. Express mandate between spouses; revocation

RS 3850 - Express mandate between spouses; revocation  An express mandate from one spouse to another authorizing transactions with a specified creditor may be revoked only by delivery of written revocation to the creditor. Added by Acts 1978, No. 511, §1.
LA Rev Stat § 9:3851 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3851. Who may file; petition contents; service; venue

RS 3851 - Who may file; petition contents; service; venue  A. When a principal is a natural person for whom a curator with appropriate authority has not qualified, any of the following persons may petition a court on behalf of the principal to review the acts of the principal's mandatary and to grant relief authorized by this Chapter:  (1) A person authorized to make healthcare decisions for the principal.  (2) A spouse, a parent, or a descendant of the principal.  (3) A presumptive heir or legatee of the principal.  (4) A person named as a beneficiary to receive any real or personal right upon the death of the principal.  (5) A trustee or beneficiary of an inter vivos or testamentary trust created by or for the principal.  (6) A caregiver of the principal.  (7) Any other person with sufficient interest in the welfare of the principal.  B. The petition shall be verified and shall name as defendants the principal, the mandatary, and any other person against whom relief is sought. The petition shall state with particularity the facts establishing the petitioner's right to bring the action, the reasons that a review of the acts of the mandatary is needed, and the relief sought.  C. The principal shall be personally served with the citation and petition. Service on the principal through a mandatary shall not be effective.  D. The action shall be filed in the parish where the principal is domiciled, where the principal resides if without a domicile in this state, or where the principal is physically present or where immovable property of the principal is located if the principal is without either a domicile or a residence in this state.  E. On motion of any interested person or on its own motion, the court may review the acts of a mandatary and for good cause, grant any relief provided in R.S. 9:3854 or Code of Civil Procedure Article 3605. Good cause shall include but not be limited to a violation of Civil Code Article 2995.  Acts 2014, No. 356, §1; Acts 2016, No. 110, §3, eff. May 19, 2016.
LA Rev Stat § 9:3852 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3852. Dismissal upon motion to dismiss filed by the principal

RS 3852 - Dismissal upon motion to dismiss filed by the principal A. If the principal files a motion to dismiss the action, the principal shall testify in person at the hearing on the motion or, with the agreement of the parties or for good cause shown, by visual remote technology or by deposition. B. The court shall grant the principal's motion to dismiss the action if it finds that the principal is able to comprehend generally the nature and consequences of the acts of the mandatary and that the mandatary's authority to act is not the result of fraud, duress, or undue influence. Acts 2014, No. 356, §1.
LA Rev Stat § 9:3853 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3853. Substitution

RS 3853 - Substitution Upon the interdiction or death of the principal, the court shall allow a curator with appropriate authority or the principal's legal successor to be substituted for the plaintiff. Acts 2014, No. 356, §1.
LA Rev Stat § 9:3854 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3854. Relief

RS 3854 - Relief A. If the court finds that a mandatary has violated a duty or failed to perform any obligation as a mandatary, the court may: (1) Grant any relief to which the principal is entitled. (2) Enjoin the mandatary from exercising all or some of the powers granted by the mandate. B. While the action is pending, the court may do any of the following: (1) Order an accounting from the mandatary. (2) Order, without first holding a contradictory hearing, a financial institution, a healthcare provider, or any other person to provide the financial, medical, or other information of any defendant to the action. (3) Appoint a qualified person to investigate the allegations of the petition and to report the findings. (4) On its own motion, order other appropriate discovery. (5) Enjoin the mandatary from exercising all or some of the powers granted by the mandate during the pendency of the action. (6) Appoint a person to exercise some or all of the authority granted by the mandate, including authority to perform routine financial transactions and to make healthcare decisions, if there is no successor or substitute mandatary named in the mandate who is able or willing to serve, or if no law otherwise provides a person to act. C. In reaching its decision, the court shall consider the mandate and may consider any other relevant factors, including any of the following: (1) The expressed wishes of the principal. (2) The known or reasonable expectations of the principal. (3) The best interests of the principal. (4) Any will, trust, or beneficiary designation executed by the principal. (5) The principal's history or pattern of donations inter vivos. (6) Physical, financial, or psychological abuse of the principal. (7) Fraud, duress, or undue influence. (8) The principal's regular contact with family and friends other than the mandatary. (9) The ability of the principal to comprehend generally the nature and consequences of the acts of the mandatary. (10) The donee's knowledge or imputed knowledge that a donation was not for the benefit or gratification of the principal. (11) The good or bad faith of a defendant. D. Unauthorized acts by or with the consent of a mandatary are subject to injunctive relief without a showing of irreparable injury. Acts 2014, No. 356, §1.
LA Rev Stat § 9:3855 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3855. Payment of costs and attorney fees

RS 3855 - Payment of costs and attorney fees The court may render judgment for costs and attorney fees, or any part thereof, against any party. Nevertheless, costs or attorney fees shall not be awarded to a petitioner when the petition is dismissed on the merits. Acts 2014, No. 356, §1.
LA Rev Stat § 9:3856 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3856. Applicability

RS 3856 - Applicability A. This Chapter applies to a procuration and a representative in the same manner as it applies to a mandate and a mandatary, respectively, and allows an action against a representative for violating any duty or failing to fulfill any obligation in the procuration. B. This Chapter does not apply to a mandate to the extent that the mandate is irrevocable as provided by law. Acts 2014, No. 356, §1.
LA Rev Stat § 9:3861 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3861. Application; military personnel

RS 3861 - Application; military personnel A. The military power of attorney provided in this Chapter may be executed by: (1) Military personnel. (2) Other persons eligible for legal assistance under the provisions of 10 U.S.C. 1044 or regulations of the Department of Defense. B. "Military personnel" shall apply to members of any of the branches of the armed forces of the United States as defined by 10 U.S.C. 101(a)(4), the reserve components of the armed forces of the United States as defined by 10 U.S.C. 10101, or the Louisiana National Guard. Acts 1991 1st E.S., No. 5, §1, eff. April 17, 1991; Acts 1995, No. 1131, §1; Acts 1997, No. 849, §1; Acts 1999, No. 227, §1.
LA Rev Stat § 9:3863 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3863. Requirements for legally sufficient power of attorney; federal preemption

RS 3863 - Requirements for legally sufficient power of attorney; federal preemption A. In accordance with 10 U.S.C. 1044b, a military power of attorney is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney under the laws of Louisiana or any other state. Any such military power of attorney shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the state of Louisiana. B. For purposes of this Chapter, a military power of attorney is any general or special power of attorney that: (1) Contains a statement that sets forth the provisions of Subsection A. (2) Is notarized in accordance with 10 U.S.C. 1044a or other applicable state or federal law. Acts 1991 1st E.S., No. 5, §1, eff. April 17, 1991; Acts 1995, No. 1131, §1.
LA Rev Stat § 9:3864 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3864. Initialed lines on form or designation as general or special; no limitation of powers

RS 3864 - Initialed lines on form or designation as general or special; no limitation of powers A. If the line in front of (N) of the statutory form under R.S. 9:3862 is initialed, an initial on the line in front of any other power does not limit the powers granted by line (N). B. The designation of any section or powers as "general" or "special" are not used to correspond to any provision of the Louisiana Civil Code, Code of Civil Procedure, or the Louisiana Revised Statutes of 1950, nor does it limit or expand the powers listed thereunder or the technical requirements thereof. Acts 1991 1st E.S., No. 5, §1, eff. April 17, 1991; Acts 1993, No. 24, §1, eff. May 18, 1993; Acts 1995, No. 1131, §1.
LA Rev Stat § 9:3865 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§3865. Repealed by Acts 1995, No. 1131, §2.

RS 3865 - Repealed by Acts 1995, No. 1131, §2.