reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 14. Funds Transfers › Article 4. Payment. › Sec. 45.14.403. Payment by sender to receiving bank.

(a) Payment of the sender's obligation under AS 45.14.402 to pay the receiving bank occurs as follows:
(1) if the sender is a bank, payment occurs when the receiving bank receives final settlement of the obligation through a federal reserve bank or through a funds-transfer system;
(2) if the sender is a bank and the sender credited an account of the receiving bank with the sender or caused an account of the receiving bank in another bank to be credited, payment occurs when the credit is withdrawn or, if not withdrawn, at midnight of the day on which the credit is withdrawable and the receiving bank learns of that fact;
(3) if the receiving bank debits an account of the sender with the receiving bank, payment occurs when the debit is made to the extent that the debit is covered by a withdrawable credit balance in the account.
(b) If the sender and receiving bank are members of a funds-transfer system that nets obligations multilaterally among participants, the receiving bank receives final settlement when settlement is complete in accordance with the rules of the system. The obligation of the sender to pay the amount of a payment order transmitted through the funds-transfer system may be satisfied, to the extent permitted by the rules of the system, by setting off and applying against the sender's obligation the right of the sender to receive payment from the receiving bank of the amount of any other payment order transmitted to the sender by the receiving bank through the funds-transfer system. The aggregate balance of obligations owed by each sender to each receiving bank in the funds-transfer system may be satisfied, to the extent permitted by the rules of the system, by setting off and applying against that balance the aggregate balance of obligations owed to the sender by other members of the system. The aggregate balance is determined after the right of setoff stated in the second sentence of this subsection has been exercised.
(c) If two banks transmit payment orders to each other under an agreement that settlement of the obligations of each bank to the other under AS 45.14.402 will be made at the end of the day or other period, the total amount owed with respect to all orders transmitted by one bank shall be set off against the total amount owed with respect to all orders transmitted by the other bank. To the extent of the setoff, each bank has made payment to the other.
(d) In a case not covered under (a) of this section, the time when payment of the sender's obligation under AS 45.14.402(b) or (c) occurs is governed by applicable principles of law that determine when an obligation is satisfied.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 14. Funds Transfers › Article 4. Payment. › Sec. 45.14.404. Obligation of beneficiary's bank to pay and give notice to beneficiary.

(a) Subject to AS 45.14.211(f) and 45.14.405(d) and (e), if a beneficiary's bank accepts a payment order, the bank is obliged to pay the amount of the order to the beneficiary of the order. Payment is due on the payment date of the order, but if acceptance occurs on the payment date after the close of the funds-transfer business day of the bank, payment is due on the next funds-transfer business day. If the bank refuses to pay after demand by the beneficiary and receipt of notice of particular circumstances that will give rise to consequential damages as a result of nonpayment, the beneficiary may recover damages resulting from the refusal to pay to the extent that the bank had notice of the damages, unless the bank proves that it did not pay because of a reasonable doubt concerning the right of the beneficiary to payment.
(b) If a payment order accepted by the beneficiary's bank instructs payment to an account of the beneficiary, the bank is obliged to notify the beneficiary of receipt of the order before midnight of the next funds-transfer business day following the payment date. If the payment order does not instruct payment to an account of the beneficiary, the bank is required to notify the beneficiary only if notice is required by the order. Notice may be given by first class mail or other means reasonable in the circumstances. If the bank fails to give the required notice, the bank is obliged to pay interest to the beneficiary on the amount of the payment order from the day notice should have been given until the day the beneficiary learned of receipt of the payment order by the bank. Other damages are not recoverable. Notwithstanding Rule 82, Alaska Rules of Civil Procedure, reasonable attorney fees are also recoverable if demand for interest is made and refused before an action is brought on the claim.
(c) The right of a beneficiary to receive payment and damages as stated in (a) of this section may not be varied by agreement or a funds-transfer system rule. The right of a beneficiary to be notified as stated in (b) of this section may be varied by agreement of the beneficiary or by a funds-transfer system rule if the beneficiary is notified of the rule before initiation of the funds transfer.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 14. Funds Transfers › Article 4. Payment. › Sec. 45.14.406. Payment by originator to beneficiary; discharge of underlying obligation.

(a) Subject to AS 45.14.211(f) and 45.14.405(d) and (e), the originator of a funds transfer pays the beneficiary of the originator's payment order
(1) at the time a payment order for the benefit of the beneficiary is accepted by the beneficiary's bank in the funds transfer; and
(2) in an amount equal to the amount of the order accepted by the beneficiary's bank, but not more than the amount of the originator's order.
(b) If payment under (a) of this section is made to satisfy an obligation, the obligation is discharged to the same extent discharge would result from payment to the beneficiary of the same amount in money, unless
(1) the payment under (a) of this section was made by a means prohibited by the contract of the beneficiary with respect to the obligation;
(2) the beneficiary, within a reasonable time after receiving notice of receipt of the order by the beneficiary's bank, notifies the originator of the beneficiary's refusal of the payment;
(3) funds with respect to the order were not withdrawn by the beneficiary or applied to a debt of the beneficiary; and
(4) the beneficiary would suffer a loss that could reasonably have been avoided if payment had been made by a means complying with the contract.
(c) If payment by the originator does not result in discharge under this section, the originator is subrogated to the rights of the beneficiary to receive payment from the beneficiary's bank under AS 45.14.404(a).
(d) For the purpose of determining whether discharge of an obligation occurs under (b) of this section, if the beneficiary's bank accepts a payment order in an amount equal to the amount of the originator's payment order less charges of one or more receiving banks in the funds transfer, payment to the beneficiary is considered to be in the amount of the originator's order unless upon demand by the beneficiary the originator does not pay the beneficiary the amount of the deducted charges.
(e) Rights of the originator or of the beneficiary of a funds transfer under this section may be varied only by agreement of the originator and the beneficiary.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 14. Funds Transfers › Article 5. Miscellaneous Provisions. › Sec. 45.14.501. Variation by agreement and effect of funds-transfer system rule.

(a) Except as otherwise provided in this chapter, the rights and obligations of a party to a funds transfer may be varied by agreement of the affected party.
(b) Except as otherwise provided in this chapter, a funds-transfer system rule governing rights and obligations between participating banks using the system may be effective even if the rule conflicts with this chapter and indirectly affects another party to the funds transfer who does not consent to the rule. A funds-transfer system rule may also govern rights and obligations of parties other than participating banks using the system, to the extent stated in AS 45.14.404(c), 45.14.405(d), and 45.14.507(c) and (d). In this subsection, “funds-transfer system rule” means
(1) a rule of an association of banks governing transmission of payment orders by means of a funds-transfer system of the association or rights and obligations with respect to those orders; or
(2) a rule of an association of banks, to the extent the rule governs rights and obligations between banks that are parties to a funds transfer in which a federal reserve bank, acting as an intermediary bank, sends a payment order to the beneficiary's bank.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 14. Funds Transfers › Article 5. Miscellaneous Provisions. › Sec. 45.14.502. Creditor process served on receiving bank; setoff by beneficiary's bank.

(a) This subsection applies to creditor process with respect to an authorized account of the sender of a payment order if the creditor process is served on the receiving bank. For the purpose of determining rights with respect to the creditor process, if the receiving bank accepts the payment order the balance in the authorized account is considered to be reduced by the amount of the payment order to the extent that the bank did not otherwise receive payment of the order, unless the creditor process is served at a time and in a manner affording the bank a reasonable opportunity to act on it before the bank accepts the payment order.
(b) If a beneficiary's bank has received a payment order for payment to the beneficiary's account in the bank, the following rules apply:
(1) the bank may credit the beneficiary's account; the amount credited may be set off against an obligation owed by the beneficiary to the bank or may be applied to satisfy creditor process served on the bank with respect to the account;
(2) the bank may credit the beneficiary's account and allow withdrawal of the amount credited unless creditor process with respect to the account is served at a time and in a manner affording the bank a reasonable opportunity to act to prevent withdrawal;
(3) if creditor process with respect to the beneficiary's account has been served and the bank has had a reasonable opportunity to act on it, the bank may not reject the payment order except for a reason unrelated to the service of process.
(c) Creditor process with respect to a payment by the originator to the beneficiary in accordance with a funds transfer may be served only on the beneficiary's bank with respect to the debt owed by that bank to the beneficiary. Another bank served with the creditor process is not obliged to act with respect to the process.
(d) In this section, “creditor process” means levy, attachment, garnishment, notice of lien, sequestration, or similar process issued by or on behalf of a creditor or other claimant with respect to an account.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 14. Funds Transfers › Article 5. Miscellaneous Provisions. › Sec. 45.14.503. Injunction or restraining order with respect to funds transfer.

(a) For proper cause and in compliance with applicable law, a court may restrain
(1) a person from issuing a payment order to initiate a funds transfer;
(2) an originator's bank from executing the payment order of the originator; or
(3) the beneficiary's bank from releasing funds to the beneficiary or the beneficiary from withdrawing the funds.
(b) Except as provided in (a) of this section, a court may not otherwise restrain a person from issuing a payment order, paying or receiving payment of a payment order, or otherwise acting with respect to a funds transfer.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 14. Funds Transfers › Article 5. Miscellaneous Provisions. › Sec. 45.14.504. Order in which items and payment orders may be charged to account; order of withdrawals from account.

(a) If a receiving bank has received more than one payment order of the sender or one or more payment orders and other items that are payable from the sender's account, the bank may charge the sender's account with respect to the various orders and items in any sequence.
(b) In determining whether a credit to an account has been withdrawn by the holder of the account or applied to a debt of the holder of the account, credits first made to the account are first withdrawn or applied.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 14. Funds Transfers › Article 5. Miscellaneous Provisions. › Sec. 45.14.505. Preclusion of objection to debit of customer's account.

If a receiving bank has received payment from its customer with respect to a payment order issued in the name of the customer as sender and accepted by the bank, and the customer received notification reasonably identifying the order, the customer is precluded from asserting that the bank is not entitled to retain the payment unless the customer notifies the bank of the customer's objection to the payment within one year after the notification was received by the customer.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 14. Funds Transfers › Article 5. Miscellaneous Provisions. › Sec. 45.14.506. Rate of interest.

(a) If, under this chapter, a receiving bank is obliged to pay interest with respect to a payment order issued to the bank, the amount payable may be determined
(1) by agreement of the sender and receiving bank; or
(2) by a funds-transfer system rule if the payment order is transmitted through a funds-transfer system.
(b) If the amount of interest is not determined by an agreement or rule as stated in (a) of this section, the amount is calculated by multiplying the applicable federal funds rate by the amount on which interest is payable, and then multiplying the product by the number of days for which interest is payable. The applicable federal funds rate is the average of the federal funds rates published by the Federal Reserve Bank of New York for each of the days for which interest is payable divided by 360. The federal funds rate for a day on which a published rate is not available is the same as the published rate for the next preceding day for which there is a published rate. If a receiving bank that accepted a payment order is required to refund payment to the sender of the order because the funds transfer was not completed, but the failure to complete was not due to any fault by the bank, the interest payable is reduced by a percentage equal to the reserve requirement on deposits of the receiving bank.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 14. Funds Transfers › Article 5. Miscellaneous Provisions. › Sec. 45.14.507. Choice of law.

(a) The following rules apply unless the affected parties otherwise agree or (c) - (d) of this section applies:
(1) the rights and obligations between the sender of a payment order and the receiving bank are governed by the law of the jurisdiction in which the receiving bank is located;
(2) the rights and obligations between the beneficiary's bank and the beneficiary are governed by the law of the jurisdiction in which the beneficiary's bank is located;
(3) the issue of when payment is made under a funds transfer by the originator to the beneficiary is governed by the law of the jurisdiction in which the beneficiary's bank is located.
(b) If the parties described in each paragraph of (a) of this section have made an agreement selecting the law of a particular jurisdiction to govern rights and obligations between each other, the law of that jurisdiction governs those rights and obligations, whether or not the payment order or the funds transfer bears a reasonable relation to that jurisdiction.
(c) A funds-transfer system rule may select the law of a particular jurisdiction to govern
(1) rights and obligations between participating banks with respect to payment orders transmitted or processed through the system; or
(2) the rights and obligations of some or all parties to a funds transfer if a part of the funds transfer is carried out by means of the system.
(d) A choice of law made under (c)(1) of this section is binding on participating banks. A choice of law made under (c)(2) of this section is binding on the originator, other sender, or a receiving bank having notice that the funds-transfer system might be used in the funds transfer and of the choice of law by the system when the originator, other sender, or receiving bank issued or accepted a payment order. The beneficiary of a funds transfer is bound by the choice of law if, when the funds transfer is initiated, the beneficiary has notice that the funds-transfer system might be used in the funds transfer and of the choice of law by the system. The law of a jurisdiction selected under this subsection or (c) of this section may govern, whether or not that law bears a reasonable relation to the matter in issue.
(e) In the event of inconsistency between an agreement under (b) of this section and a choice-of-law rule under (c) - (d) of this section, the agreement under (b) of this section prevails.
(f) If a funds transfer is made by use of more than one funds-transfer system and there is inconsistency between choice-of-law rules of the systems, the matter in issue is governed by the law of the selected jurisdiction that has the most significant relationship to the matter in issue.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 20. Purchase of Ore › Sec. 45.20.010. Certain claimants in possession considered owner of ores.

A person in the actual and peaceable possession of a mining claim, under claim or color of title, and engaged in the mining, shipment and treatment, or sale of ore from it, shall, as to all persons purchasing the ore in good faith and without notice as provided in this chapter of the title or claim of title, or ownership of another person to it, be considered to be the lawful owner of the ore.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 20. Purchase of Ore › Sec. 45.20.020. When purchaser considered owner of ore; nonliability to person subsequently adjudged owner.

A person who in good faith and in the usual course of business and without notice, as provided in this chapter, purchases and obtains delivery of ore from a person in possession of the mines or mining claim from which the ore has been mined or extracted, shall be considered the owner of the ore except as provided in this chapter; and the purchaser is not liable to, or subject to an action at law or in equity, for the recovery of the ore or the value of it by a person who is later adjudged to be the owner of the mine, or mining claim.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 20. Purchase of Ore › Sec. 45.20.030. Notice to purchaser by claimant or owner out of possession; court action.

If a person is or claims to be the owner or entitled to the possession or enjoyment of a mine, mining claim, or premises, then in the possession of another, claiming to be the owner or entitled to the possession and mining, shipping or treating or selling the ore from it, the purchaser may, if the purchaser intends or desires to hold purchasers of or those intending to purchase the ore responsible for the value of the ore, serve upon the purchaser or intending purchaser a notice in writing, which contains the name of the mine, mining claim, or premises, the name of the person claiming or asserting ownership or right to the possession or enjoyment thereof, the name of the person in possession of and mining, shipping and selling ore from it, and warning the purchaser or intending purchaser that the purchaser or intending purchaser will be held liable and responsible for all ore purchased and delivered or to be purchased and delivered from the mine, mining claim, or premises by the person or the heirs, assigns or agents of that person subsequent to the service of the notice. Within 30 days from and after the service of the notice, the person serving it shall institute an action to enforce the person's title against the person in possession of and mining and shipping ore from the mine, mines, mining claim, claims, or premises, and to enjoin the person in possession from the mining or shipment and sale of ores taken from them, pending the action, and at once notify the purchaser or intending purchaser of the ore of the pendency of the action. If the notice is served after the action is started, it is not necessary to begin another under this section.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 20. Purchase of Ore › Sec. 45.20.040. Failure to bring action.

If a person claiming the title to or right of possession of a mine, mining claim, or premises, not having before then brought action, serves notice upon a purchaser or intending purchaser of ore as provided in AS 45.20.030, and fails or neglects to begin an action as required in this chapter, the notice shall be considered to have been waived, and the party serving the notice is liable to the parties injured in full damages including costs, and the purchaser or intending purchaser is not bound by anything contained in it.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 20. Purchase of Ore › Sec. 45.20.050. Liability of purchaser to person adjudged owner or entitled to possession.

A purchaser of ore, who receives the notice provided for in this chapter, followed or preceded by the commencement of an action, as set out in this chapter, and who purchases or continues to purchase and receive ore taken from the mine, mining claim, or premises named in the notice, is liable and responsible for the value of it to the person who is ultimately adjudged to be the owner or entitled to the possession of it.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 25. Motor Vehicle Transactions › Article 1. Applicability; Jurisdiction; Venue; Corporate Affiliates. › Sec. 45.25.020. Jurisdiction; venue.

(a) The courts of this state have jurisdiction over a legal dispute between a manufacturer located in or outside this state and a new motor vehicle dealer located in this state, and the dispute is governed by and interpreted and adjudicated under the law of this state.
(b) Venue for a dispute under (a) of this section is in the judicial district of this state where the new motor vehicle dealer's principal place of business is located.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 25. Motor Vehicle Transactions › Article 1. Applicability; Jurisdiction; Venue; Corporate Affiliates. › Sec. 45.25.030. Corporate affiliates.

(a) A manufacturer may not use a subsidiary corporation, affiliated corporation, partnership, association, or other person to accomplish what would be prohibited for the manufacturer under this chapter.
(b) This section does not limit the right of a person included within the scope of this section to engage in reasonable and appropriate business practices consistent with an existing trade practice that is not prohibited by this chapter.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 25. Motor Vehicle Transactions › Article 2. Franchise Agreements. › Sec. 45.25.110. Termination of franchise agreements.

(a) A manufacturer may not terminate a franchise agreement with a new motor vehicle dealer unless
(1) the manufacturer has
(A) complied with the notice requirements of this chapter; and
(B) shown that there is good cause for the termination of the franchise agreement, and, if the reasons underlying the good cause can be corrected by the new motor vehicle dealer, the new motor vehicle dealer has failed for 120 days after delivery of the notice required by AS 45.25.120 to make the corrections; the circumstances identified under AS 45.25.120(a)(2) for which a 15-day notice of termination is required do not qualify as reasons for which correction is allowed under this subparagraph; or
(2) the new motor vehicle dealer has systematically engaged in fraud against consumers or the manufacturer or in the operation of the new motor vehicle dealership.
(b) Notwithstanding (a)(1) of this section, a manufacturer may not terminate a franchise agreement with a new motor vehicle dealer because of the death or incapacity of an owner if the owner is not listed in the franchise as one on whose expertise and abilities the manufacturer relied in the granting of the franchise.
(c) In this section, “good cause” includes when the new motor vehicle dealer fails to comply with or observe a material provision of the franchise agreement. For the purposes of determining good cause under this subsection, reasonable sales and service performance criteria and capital and facility requirements may be considered material provisions only if the criteria or requirements were communicated in writing to the new motor vehicle dealer within a reasonable period before the effective date of the termination or nonrenewal so that a reasonable opportunity was afforded over a period of not less than six months to comply with the criteria or requirements.
(d) A failure of a new motor vehicle dealer under (a) of this section that relates to the performance of the new motor vehicle dealer in sales, service, or level of customer satisfaction does not amount to good cause under this section if the new motor vehicle dealer failed to comply and the failure to comply was caused by
(1) an insufficient supply of new motor vehicles; or
(2) market, economic, or other factors that exist within the new motor vehicle dealer's relevant market area and that were beyond the control of the new motor vehicle dealer.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 25. Motor Vehicle Transactions › Article 2. Franchise Agreements. › Sec. 45.25.120. Notice of termination.

(a) A manufacturer shall furnish a notice of termination of a franchise agreement to a new motor vehicle dealer at least
(1) 90 days before the effective date of a termination, except as required under (2) or (3) of this subsection;
(2) 15 days before the effective date of a termination when the new motor vehicle dealer
(A) is insolvent or is the subject of a bankruptcy or receivership proceeding;
(B) has failed to conduct its customary sales and service operations during its customary business hours for seven consecutive business days; this subparagraph does not apply to closures due to acts of God or circumstances beyond the direct control of the new motor vehicle dealer; or
(C) is convicted of a felony involving moral turpitude or fraud under the law of this state, another state, the federal government, a territory of the United States, or the District of Columbia;
(3) 180 days before the effective date of the termination if the manufacturer or distributor is discontinuing the sale of the product line.
(b) Notice required under (a) of this section must be in writing, shall be sent by certified mail or personally delivered to the new motor vehicle dealer, and must contain
(1) a statement of intention to terminate the franchise;
(2) a statement of the reasons for the termination; and
(3) the date on which the termination takes effect.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 25. Motor Vehicle Transactions › Article 2. Franchise Agreements. › Sec. 45.25.130. Threat of termination.

(a) A manufacturer or manufacturer representative may not coerce or attempt to coerce a new motor vehicle dealer to enter into an agreement with the manufacturer or a subsidiary of the manufacturer, or to do any other act unfair to the new motor vehicle dealer, by threatening to terminate a franchise agreement between the manufacturer or subsidiary of the manufacturer and the new motor vehicle dealer.
(b) This section does not prohibit a voluntary agreement between a manufacturer and a new motor vehicle dealer or between a distributor and a new motor vehicle dealer to settle legitimate disputes.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 25. Motor Vehicle Transactions › Article 2. Franchise Agreements. › Sec. 45.25.140. Repurchase obligations on termination.

(a) Upon the termination of a new motor vehicle dealer's franchise agreement by the manufacturer or distributor, the manufacturer or distributor shall repurchase from the new motor vehicle dealer at
(1) the new motor vehicle dealer's net acquisition cost, if the motor vehicles have not been materially altered or damaged, all inventory consisting of unsold new motor vehicles that are current models;
(2) the new motor vehicle dealer's net acquisition cost, new motor vehicle models from the previous year that have been acquired from the manufacturer within the past two years before receipt of the notice of termination, but an adjustment based on mileage over 500 miles may be made;
(3) the new motor vehicle dealer price listed in the current manufacturer's parts catalog, less applicable allowances, new unused undamaged parts in their original, unbroken packaging and acquired from the manufacturer or distributor;
(4) fair market value, signs, equipment, and furnishings that bear the manufacturer's trademark or trade name, that have not been altered or damaged, and that were required by the manufacturer or distributor within five years preceding the notice of termination;
(5) the new motor vehicle dealer's net acquisition cost, special tools that have not been altered or materially damaged and that were purchased from the manufacturer or distributor within three years preceding the date of the termination; and
(6) the lesser of the fair market value or the depreciated value, all manufacturer required computers, printers, and other electronic hardware, and electronic software, except that, if the new motor vehicle dealer leases the computers, printers, or other electronic hardware, or electronic software, the manufacturer shall pay the new motor vehicle dealer the amount of money that is required for the new motor vehicle dealer to terminate the lease under the lease agreement.
(b) Within 90 days after the effective date of the termination, the new motor vehicle dealer shall return the property required by (a) of this section to be repurchased to the manufacturer or distributor at the manufacturer's or distributor's expense. The manufacturer or distributor shall pay the compensation for the property within 60 days after the tender of inventory and other items if the new motor vehicle dealer has clear title to the property and is in a position to convey that title to the manufacturer or distributor. If the property is subject to a security interest, the manufacturer or distributor may make payment jointly to the new motor vehicle dealer and the holder of the security interest, and the manufacturer or distributor may offset these payments.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 25. Motor Vehicle Transactions › Article 2. Franchise Agreements. › Sec. 45.25.170. Succession.

(a) A manufacturer or distributor may not prevent or refuse to honor the succession to a new motor vehicle franchise of an heir or devisee under a will of a franchisee, under a written instrument filed with the manufacturer or distributor designating any person as the successor franchisee, or under AS 13.06 - AS 13.36 (Uniform Probate Code), except that
(1) a designated successor must, within 60 days after the owner's death or incapacity, give the manufacturer or distributor written notice of the intent to succeed, and the designee must agree to be bound by all the terms and conditions of the current franchise agreement;
(2) the manufacturer or distributor may request from the designated successor personal and financial data that are reasonably necessary to determine the qualifications of the designated successor; the designated successor shall provide the information within 60 days after receiving the request;
(3) the manufacturer or distributor may not unreasonably withhold approval of the succession; if the manufacturer or distributor refuses to honor the succession, the manufacturer or distributor shall send written notice to the proposed successor within 60 days after receiving the information requested in (2) of this subsection or within 60 days after receiving the notice of the proposed successor's intent to succeed, whichever is later.
(b) The notice required by (a)(3) of this section must state the specific grounds for not approving the proposed successor. Within 30 days after the proposed successor's receipt of the notice, the proposed successor may file a protest with the superior court to determine whether the manufacturer or distributor has unreasonably withheld approval.
(c) This section does not preclude the owner of a new motor vehicle dealership from filing with the manufacturer or distributor a written instrument designating any person as a successor. If there are competing successors, the written instrument governs who may submit a proposal as a successor.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 25. Motor Vehicle Transactions › Article 2. Franchise Agreements. › Sec. 45.25.190. Arbitration.

In a controversy between a manufacturer and a new motor vehicle dealer under AS 45.25.010 - 45.25.310, neither the manufacturer nor the new motor vehicle dealer is required to submit the controversy to arbitration. If both the manufacturer and the new motor vehicle dealer agree to submit a controversy under AS 45.25.010 - 45.25.310 to arbitration, the arbitration shall be conducted under AS 09.43.010 - 09.43.180 (Uniform Arbitration Act) or AS 09.43.300 - 09.43.595 (Revised Uniform Arbitration Act), as applicable, the manufacturer and the new motor vehicle dealer shall each select one arbitrator, and both the manufacturer and the new motor vehicle dealer shall select the third arbitrator.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 25. Motor Vehicle Transactions › Article 2. Franchise Agreements. › Sec. 45.25.200. Payment and approval of claims.

(a) A manufacturer shall pay a new motor vehicle dealer for all warranty work. The manufacturer may not deny a claim for warranty work to resolve a condition discovered and properly repaired by the dealer during the course of a separate repair, if the dealer provides the required documentation demonstrating the need for the repair. A manufacturer shall pay the new motor vehicle dealer for the approved warranty repairs in accordance with the schedule of compensation that applies to the repairs when the new motor vehicle dealer makes the repairs.
(b) A new motor vehicle dealer shall submit a claim for warranty work to the manufacturer within 90 days after the new motor vehicle dealer completes the work on the new motor vehicle. The new motor vehicle dealer shall submit the claim in the manner that the manufacturer requires.
(c) Within 30 days after the manufacturer receives a claim from a new motor vehicle dealer under (b) of this section, the manufacturer shall approve or disapprove the claim in writing or electronically. If a manufacturer does not disapprove a claim as required by this subsection, the claim is considered approved. The manufacturer shall pay the claim within 30 days after the approval of the claim.
(d) If a manufacturer disapproves a claim that the new motor vehicle dealer submits under (b) of this section, a manufacturer shall notify the new motor vehicle dealer in writing or electronically and shall state the reasons for disapproving the claim. A new motor vehicle dealer may correct and resubmit the claim within 30 days after the new motor vehicle dealer receives the written or electronic notice that the manufacturer disapproved the claim.
(e) A manufacturer may not initiate or conduct an audit to determine the validity of paid claims for new motor vehicle dealer warranty work unless the manufacturer initiates the audit within one year after the payment of the claim. The manufacturer may not perform more than one audit in a calendar year to determine the validity of paid claims for new motor vehicle dealer warranty work.
(f) A manufacturer may not initiate or conduct an audit to determine the validity of paid incentive claims unless the manufacturer initiates the audit within one year after the payment of the claim or the conclusion of the incentive program, whichever event occurs later. The manufacturer may not perform more than one audit in a calendar year to determine the validity of paid incentive claims.
(g) Notwithstanding the limitations under (e) and (f) of this section, if a manufacturer reasonably suspects fraud, the manufacturer may audit a dealer for fraudulent claims during any period in which an action for fraud may be commenced under applicable state law.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 25. Motor Vehicle Transactions › Article 2. Franchise Agreements. › Sec. 45.25.220. Performance and reimbursement of certain repairs.

(a) Except as provided in (b) of this section, if a new motor vehicle needs repairs that are covered under a manufacturer's warranty, and if the new motor vehicle is located in a remote location, the manufacturer shall make reasonable efforts to arrange for the new motor vehicle to be repaired in the remote location.
(b) If a manufacturer determines that repairs cannot reasonably be made in a remote location within the manufacturer's guidelines, the manufacturer may arrange, at no cost to the owner of the new motor vehicle, to ship the new motor vehicle to a repair facility outside of the remote location and to return the new motor vehicle to the remote location after the repairs are completed.
(c) A manufacturer may direct a new motor vehicle dealer of the manufacturer to refer customers of the new motor vehicle dealer to the manufacturer if the new motor vehicles of the customers are located in remote locations and need repairs.
(d) This section does not prohibit a manufacturer from allowing a new motor vehicle dealer to subcontract warranty work for a specific new motor vehicle that is located in a remote location. If the manufacturer allows the new motor vehicle dealer to subcontract the warranty work, the manufacturer shall compensate the new motor vehicle dealer for the subcontracted warranty work paid for by the new motor vehicle dealer.
(e) In this section, “remote location” means a location that is not accessible by road or that is more than 100 road miles from a new motor vehicle dealer that is authorized to perform warranty work on new motor vehicles.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 25. Motor Vehicle Transactions › Article 2. Franchise Agreements. › Sec. 45.25.230. Preparation and service before delivery.

A manufacturer and a distributor shall provide in writing the following information to their new motor vehicle dealers about new motor vehicles and other products received from the manufacturer or distributor:
(1) the specific obligations of the new motor vehicle dealer to prepare and service new motor vehicles and products before delivery of the new motor vehicles and products to buyers;
(2) the compensation that the manufacturer or distributor will pay the dealer for performing the preparation and service obligations described in (1) of this section; and
(3) the amount of time that the manufacturer or distributor will allow the new motor vehicle dealer for performing the preparation and service obligations described in (1) of this section.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 25. Motor Vehicle Transactions › Article 3. Manufacturer and Distributor Practices. › Sec. 45.25.300. Unfair practices.

A manufacturer may not
(1) require, coerce, or attempt to coerce a new motor vehicle dealer to change the location of the new motor vehicle dealership or to make any substantial alterations to the new motor vehicle dealership premises or facilities if the alterations would be unreasonable or if there is not expected to be a sufficient supply of new motor vehicles to justify the change of location or the alterations because of market and economic conditions; this paragraph does not apply to alterations that are necessary to comply with health or safety laws; in this paragraph, “substantial alterations” does not include erecting signs subject to the manufacturer's intellectual property rights, doing interior painting that is necessary to keep a new motor vehicle dealer facility in an attractive condition, or performing routine maintenance;
(2) require a new motor vehicle dealer to purchase or include in inventory a predetermined number or percentage of certified pre-owned motor vehicles or lease return motor vehicles;
(3) except because of reasons beyond the manufacturer's control, refuse or fail to deliver or offer for sale in reasonable quantities to a new motor vehicle dealer holding a franchise for a line make of new motor vehicles sold or distributed by the manufacturer a new motor vehicle, part, or accessory, if the new motor vehicle, part, or accessory is being delivered to other new motor vehicle dealers; this paragraph does not apply to limited edition or limited release vehicle parts or accessories;
(4) require a new motor vehicle dealer to purchase unreasonable advertising displays or other materials or an unreasonable number of signs;
(5) require a new motor vehicle dealer to order or accept delivery of a new motor vehicle, part, accessory, piece of equipment, promotional material, display device, display decoration, or other item that is not otherwise required by law and that the new motor vehicle dealer does not voluntarily order; this paragraph does not apply to safety and emissions recall campaign parts or to a motor vehicle feature, part, accessory, or other component required by federal law, the law of this state, or local law;
(6) coerce, attempt to coerce, or require a new motor vehicle dealer to
(A) join, contribute money to, or affiliate with an advertising association; or
(B) participate monetarily in an advertising campaign; or
(7) increase the price of a new motor vehicle that the new motor vehicle dealer has ordered from the manufacturer and for which there exists at the time of the order a bona fide sale to a retail or fleet purchaser if the dealer submitted the order to the manufacturer before the manufacturer provided the new motor vehicle dealer with an official written price increase notification.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 25. Motor Vehicle Transactions › Article 4. Dealer Practices. › Sec. 45.25.400. Prohibited use of advertising terms.

(a) A motor vehicle dealer may not use the term “invoice,” “factory invoice,” “dealer invoice,” “dealer cost,” “wholesale price,” or any other term of similar meaning in an advertisement for the sale of a motor vehicle.
(b) A motor vehicle dealer may use the term “manufacturer's suggested retail price,” “MSRP,” or “list price” in an advertisement for the sale of a motor vehicle, subject to the restriction on price comparisons in AS 45.25.450 and the following:
(1) the manufacturer's suggested retail price or list price must reference the final price listed by the manufacturer on the Monroney sticker, including accessories and options physically attached to the vehicle at the time of delivery to the dealer, plus any transportation charges;
(2) the manufacturer's suggested retail price or the list price does not include charges added by the dealer or options added to the vehicle by the dealer; and
(3) whenever using the term “manufacturer's suggested retail price,” “MSRP,” or “list price,” the dealer may not represent that a buyer would save money by paying a price that is lower than the “manufacturer's suggested retail price,” “MSRP,” or “list price” unless the representation refers to savings from the “manufacturer's suggested retail price,” “MSRP,” or “list price.”
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 25. Motor Vehicle Transactions › Article 4. Dealer Practices. › Sec. 45.25.420. Display of motor vehicles.

A motor vehicle dealer shall display all vehicles advertised for sale for the duration of the sale period in a conspicuous and clearly visible location on the dealer's premises. The advertised sale price for each vehicle must be clearly marked on the vehicle so the consumer can readily identify the advertised price for the vehicle.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 25. Motor Vehicle Transactions › Article 4. Dealer Practices. › Sec. 45.25.430. Refusal to sell on advertised terms and conditions.

A motor vehicle dealer may not refuse to sell a motor vehicle on the terms and conditions that the dealer has advertised. This section does not apply if
(1) the dealer can document that the advertised term or condition was the result of an error on the part of the advertising medium or an outside advertising agent; or
(2) the refusal is based on an error that was made in good faith by the dealer and was clearly and conspicuously a mistake, and the dealer corrected the error as soon as the dealer knew or reasonably should have known of the error.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 25. Motor Vehicle Transactions › Article 4. Dealer Practices. › Sec. 45.25.440. Advertised price.

A motor vehicle dealer's advertised price for a motor vehicle must include all dealer fees and costs, except for fees, such as licensing fees, registration fees, title transfer fees, and sales taxes, actually paid to a government agency. In this section, “dealer fees and costs” includes dealer preparation fees, document preparation fees, surcharges, and other dealer-imposed fees and costs.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 25. Motor Vehicle Transactions › Article 4. Dealer Practices. › Sec. 45.25.450. Advertised price comparisons, reductions, and discounts.

(a) A motor vehicle dealer may not make a price comparison, price reduction, or price discount in an advertisement unless the comparison, reduction, or discount complies with this section.
(b) A motor vehicle dealer may advertise a price comparison for a new motor vehicle with the manufacturer's suggested retail price only if
(1) the dealer only uses the term “manufacturer's suggested retail price,” “MSRP,” or “list price”;
(2) the advertised price references the final price listed by the manufacturer on the Monroney sticker; and
(3) the manufacturer's suggested retail price, MSRP, or list price does not include charges added by the dealer or options added to the vehicle by the dealer.
(c) A motor vehicle dealer may not use a competitor's price as a reference price unless
(1) the reference price is the competitor's current, bona fide price in the trade area of the dealer making the comparison;
(2) the comparison is to an identical or nearly identical vehicle that does not materially differ in model, style, design, name, brand, kind, or quality from the advertised product; and
(3) the dealer includes in the advertised price all charges that the competitor includes in the competitor's price.
(d) A motor vehicle dealer shall be in possession of documents and all other information necessary to substantiate all reference price claims when the claims are made and shall maintain this information in a readily accessible place for two years after the time the reference price claims are made.
(e) A motor vehicle dealer may advertise a price comparison for a used motor vehicle only if the reference price is the retail value of the vehicle as specified in the current edition of a nationally recognized valuation publication for used motor vehicles.
(f) When advertising a price comparison for a used motor vehicle, the advertisement must identify the source of the reference price, and the motor vehicle dealer shall make this source available to a potential retail buyer on request.