reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 113 - Commercial Molds, Dies, and Forms › § 4152. Exclusions

§ 4152. Exclusions
This chapter shall not apply where a molder retains title to and possession of a die, mold, or form, and nothing in this chapter shall be construed to grant a customer any rights, title, or interest in such a die, mold, or form. (Added 1981, No. 16, eff. April 14, 1981.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 113 - Commercial Molds, Dies, and Forms › § 4153. Ownership rights

§ 4153. Ownership rights
(a) Unless otherwise agreed in writing, if a customer does not take possession from a molder of a die, mold, or form situated in this State within three years following the last prior use thereof, all of the customer’s rights, title, and interest to such die, mold, or form may be transferred according to subsections (b) and (c) of this section to the molder solely for the purpose of destroying such die, mold, or form.
(b) If a molder chooses to have all rights, title, and interest to any die, mold, or form transferred to the molder by operation of this subsection and subsection (c), the molder shall send written notice by registered mail, return receipt requested, to the customer holding the rights, title, and interest at the address, if any, indicated in the agreement pursuant to which the molder obtained possession of the die, mold, or form and to the customer’s last known address. The notice shall state that the molder intends to terminate all of the customer’s rights, title, and interest by having all such rights, title, and interest transferred to the molder for purposes of destroying the die, mold, or form.
(c) If a customer does not take possession of the particular die, mold, or form within 180 days following the date the molder receives acknowledgment or nonacknowledgment of the return receipt of such notice, or does not make other contractual arrangements with the molder for taking possession or for the storage thereof, all rights, title, and interest of the customer shall transfer by law to the molder in order that the die, mold, or form be destroyed. Thereafter, the molder shall destroy the particular die, mold, or form as the molder’s own property without any risk of liability to the customer. (Added 1981, No. 16, eff. April 14, 1981.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 113 - Commercial Molds, Dies, and Forms › § 4155. Manufacturer’s mold lien

§ 4155. Manufacturer’s mold lien
(a) Molders shall have a lien, dependent on possession, on all dies, molds, forms, or patterns in their hands belonging to a customer, for the balance due them from such customer for any manufacturing, engineering, or fabrication work, and in the value of all material related to such work. The molder may retain possession of the die, mold, form, or pattern until the charges are paid.
(b) A lien under subsection (a) of this section attaches and is perfected 30 days after any payment is due.
(c) A molder may enforce the lien by sale as provided in sections 1952 and 1953 of this title, unless such sale would be in violation of any right of a customer under federal patent or copyright law. The owner of property subject to a molder’s lien who desires to question the reasonableness of such charges shall have the rights provided in section 1954 of this title.
(d) The parties may alter the provisions of subsections (a), (b), and (c) of this section by contract.
(e) A lien under this section does not take priority over an existing perfected security interest.
(f) Nothing in this section is intended to alter any rights, obligations, excuses, or remedies under 9A V.S.A. Article 2.
(g) A court may, on request of a customer, substitute a bond or other collateral in an amount satisfactory to the court, and order release of the lien. (Added 1997, No. 123 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 115 - New Motor Vehicle Arbitration › § 4170. Legislative intent

§ 4170. Legislative intent
The Legislature finds and declares that manufacturers, distributors, and importers of new motor vehicles should be obligated to provide speedy and less costly resolution of automobile warranty problems. Manufacturers should be required to provide in as expeditious a manner as possible a refund of the consumer’s purchase price or payments to a lessor and lessee or a replacement vehicle that is acceptable to the consumer whenever the manufacturer is unable to make the vehicle conform with its applicable warranty. New motor vehicle dealers and used motor vehicle dealers cannot be sued under this chapter. (Added 1983, No. 211 (Adj. Sess.), § 1; amended 1987, No. 242 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 115 - New Motor Vehicle Arbitration › § 4174. Vermont Motor Vehicle Arbitration Board

§ 4174. Vermont Motor Vehicle Arbitration Board
(a) There is created a Vermont Motor Vehicle Arbitration Board consisting of five members and three alternate members to be appointed by the Governor for terms of three years. Board members may be appointed for two additional three-year terms. One member of the Board and one alternate shall be new car dealers in Vermont, one member and one alternate shall be persons active as automobile technicians, and three members and one alternate shall be persons having no direct involvement in the design, manufacture, distribution, sales, or service of motor vehicles or their parts. Board members shall be compensated in accordance with the provisions of 32 V.S.A. § 1010. Administrative support for the Board shall be provided as determined by the Secretary of Transportation.
(b) The Board shall adopt rules under the provisions of 3 V.S.A. chapter 25 to implement the provisions of this chapter.
(c) The Board may issue subpoenas to compel the attendance of witnesses to testify under oath and to produce documents.
(d) The Board shall render a decision within 30 days of the conclusion of a hearing in a contested matter, and within 30 days of the manufacturer’s answer in an uncontested matter. The Board has authority to issue any and all damages as are provided by this chapter. (Added 1983, No. 211 (Adj. Sess.), § 1; amended 1985, No. 260 (Adj. Sess.), § 4; 1987, No. 123 (Adj. Sess.), eff. Jan. 29, 1988; 1989, No. 157 (Adj. Sess.), § 2, eff. April 30, 1990; 1999, No. 18, § 30, eff. May 13, 1999; 2007, No. 19, § 1; 2013, No. 57, § 22, eff. May 30, 2013; 2015, No. 23, § 95; 2015, No. 50, § 32, eff. June 3, 2015.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 115 - New Motor Vehicle Arbitration › § 4175. Fees and costs

§ 4175. Fees and costs
There shall be no filing fee or costs assessed against the consumer for using the Vermont Motor Vehicle Arbitration Board or the manufacturer’s dispute settlement mechanism. In the event an authorized franchise dealer or any of its employees, including technicians or service personnel, are called upon to testify or produce documents, repair orders, or other materials in any arbitration held before the Vermont Motor Vehicle Arbitration Board or the manufacturer’s dispute settlement mechanism, the person who requests the participation of the authorized franchise dealer or requests the production of documents must make arrangements in advance to reasonably compensate the dealer for the actual expense involved. Where a conflict arises as to actual expenses, the Board shall make that determination. In the event the consumer prevails, these costs shall be reimbursed to the consumer by the manufacturer. (Added 1983, No. 211 (Adj. Sess.), § 1; amended 1999, No. 18, § 31, eff. May 13, 1999.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 115 - New Motor Vehicle Arbitration › § 4176. Appeal from Board

§ 4176. Appeal from Board
(a)(1) The decision of the Board shall be final unless a motion for reconsideration is filed within 30 days of the consumer’s receipt of decision accompanied by new evidence. The Board shall allow the opposing party to respond and may reconvene the hearing if deemed necessary. The decision shall then be final and shall not be modified or vacated unless, on appeal to the Superior Court a party to the arbitration proceeding proves, by clear and convincing evidence, that:
(A) the decision was procured by corruption, fraud, or other undue means;
(B) there was evident partiality by the Board or corruption or misconduct prejudicing the rights of any party by the Board;
(C) the Board exceeded its powers; or
(D) the Board refused to postpone a hearing after being shown sufficient cause to do so or refused to hear evidence material to the controversy or otherwise conducted the hearing contrary to the rules promulgated by the Board so as to prejudice substantially the rights of a party.
(2) An application to vacate or modify a decision shall be made within 30 days after delivery of a copy of the final decision to the applicant except that if predicated upon corruption, fraud, or other undue means, it may be made within 30 days after such grounds are known or should have been known. In the event a decision is confirmed, the party who prevails shall be awarded the attorney’s fees incurred in obtaining confirmation of the decision together with all costs.
(b) When a judgment of the Superior Court affirms a decision of the Board, permission of the presiding judge shall be required for review. Review may be conditioned upon the appellant paying appellee’s appellate attorney’s fees, giving security for costs, expenses, and financial loss resulting from the passage of time for review. (Added 1983, No. 211 (Adj. Sess.), § 1; amended 1985, No. 260 (Adj. Sess.), § 5; 1999, No. 18, § 32, eff. May 13, 1999.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 115 - New Motor Vehicle Arbitration › § 4177. Unfair and deceptive acts and practices

§ 4177. Unfair and deceptive acts and practices
Failure of the manufacturer, its agents, authorized dealers, or motor vehicle lessors to comply with a decision of the Board shall constitute an unfair or deceptive act or practice under chapter 63 of this title. (Added 1983, No. 211 (Adj. Sess.), § 1; amended 1987, No. 242 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 115 - New Motor Vehicle Arbitration › § 4178. Limitations

§ 4178. Limitations
Nothing in this chapter shall be construed as imposing any liability on a manufacturer’s authorized dealers or creating a cause of action by a manufacturer against its authorized agents or dealers. It shall be a violation of chapter 108 of this title for a manufacturer to engage in reprisals or threats of reprisals, directly or indirectly, against any authorized dealer arising out of the dealer’s efforts to repair a motor vehicle under the provisions of this chapter. (Added 1983, No. 211 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 115 - New Motor Vehicle Arbitration › § 4179. Effective date; limitations

§ 4179. Effective date; limitations
(a) This chapter shall apply to motor vehicles beginning with the model year following July 1, 1984. Any proceedings initiated under this chapter shall be commenced within one year following the expiration of the express warranty term.
(b) Nothing in this chapter shall in any way limit the rights or remedies that are otherwise available to a consumer under any other law. (Added 1983, No. 211 (Adj. Sess.), § 1; amended 1999, No. 18, § 33, eff. May 13, 1999.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 115 - New Motor Vehicle Arbitration › § 4180. Notification to consumers

§ 4180. Notification to consumers
The manufacturer of every motor vehicle sold in this State beginning with the model year following July 1, 1984 shall provide a clear and conspicuous written notice of the consumer’s rights under this chapter and at the time of the delivery of every new motor vehicle in this State beginning with the model year following July 1, 1984 shall provide the consumer with a stamped self-addressed notice in a form satisfactory to the Vermont Motor Vehicle Arbitration Board sufficient to notify the manufacturer of the consumer’s election to proceed under this chapter. The manufacturer shall not delegate this responsibility to its authorized dealers. The manufacturer of every new motor vehicle sold in this State beginning July 1, 1984 shall also provide a clear and conspicuous notice that informs consumers of their rights under this chapter. (Added 1983, No. 211 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 115 - New Motor Vehicle Arbitration › § 4181. Notice of return, title branding required; sale of defective motor vehicles prohibited; defense

§ 4181. Notice of return, title branding required; sale of defective motor vehicles prohibited; defense
(a) Any manufacturer or its agent or any dealer registered in this State who attempts to resell a motor vehicle after a final determination, adjudication, or settlement resulting in the vehicle being returned pursuant to the provisions of this chapter, or under similar laws of any other state, shall apprise prospective buyers in Vermont of such return by means of a clearly visible window sticker. Manufacturers, agents, and dealers are prohibited from reselling in Vermont any vehicle determined or adjudicated as having a serious safety defect. Notice that a vehicle has been returned pursuant to such law shall also be conspicuously printed on the motor vehicle certificate of title.
(b) A person who demonstrates both of the following shall not be subject to liability or a penalty for a violation of this section:
(1) the person acquired a motor vehicle without actual knowledge that it was returned pursuant to the provisions of this chapter or under similar laws of another state; and
(2) at the time of acquisition, the title of the motor vehicle did not bear notice of such return. (Added 1983, No. 211 (Adj. Sess.), § 1; amended 2011, No. 164 (Adj. Sess.), § 7; 2021, No. 20, § 41.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 117 - Internet Commerce › § 4190. Interfering with Internet ticket sales

§ 4190. Interfering with Internet ticket sales
(a) A person shall not intentionally use a computer program or other software intended to interfere with or circumvent, on a ticket seller’s website, an equitable ticket buying process established by the seller for tickets of admission to a sporting event, theatre, musical performance, or place of public entertainment or amusement of any kind.
(b) A person who violates this section, in a civil action brought by the seller, shall be subject to:
(1) appropriate equitable relief;
(2) reasonable attorney’s fees and costs;
(3) actual damages suffered; and
(4) statutory damages of up to $1,500.00 per ticket, payable to the seller. (Added 2009, No. 143 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 117 - Internet Commerce › § 4191. Removal of booking photographs from the Internet; fees prohibited

§ 4191. Removal of booking photographs from the Internet; fees prohibited
(a) As used in this section, “booking photograph” means any photograph taken by a law enforcement office or other authorized person pursuant to 20 V.S.A. chapter 117.
(b) A person who posts or otherwise disseminates a booking photograph on the Internet shall not solicit or accept a fee or other consideration to remove, delete, correct, modify, or refrain from posting or disseminating the booking photograph if requested by the depicted person.
(c) A person who violates subsection (b) of this section shall be assessed a civil penalty of not more than $1,000.00 for the first violation and not more than $2,500.00 for each subsequent violation.
(d) A person who sustains damages or injury as a result of a violation of this section may bring an action in Superior Court for damages, injunctive relief, punitive damages in the case of a willful violation, and reasonable costs and attorney’s fees. The court may issue an award for the person’s actual damages or $500.00 for a first violation or $1,000.00 for each subsequent violation, whichever is greater. This subsection shall not limit any other claims a person who sustains damages or injury as a result of a violation of this section may have under applicable law.
(e) This section shall not be construed to limit a person’s liability under any other law. (Added 2015, No. 62, § 4.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 120 - Bad Faith Assertions of Patent Infringement › § 4196. Definitions

§ 4196. Definitions
In this chapter:
(1) “Demand letter” means a letter, e-mail, or other communication asserting or claiming that the target has engaged in patent infringement.
(2) “Target” means a Vermont person:
(A) who has received a demand letter or against whom an assertion or allegation of patent infringement has been made;
(B) who has been threatened with litigation or against whom a lawsuit has been filed alleging patent infringement; or
(C) whose customers have received a demand letter asserting that the person’s product, service, or technology has infringed a patent. (Added 2013, No. 44, § 6; 2013, No. 47, § 2, eff. May 24, 2013.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 120 - Bad Faith Assertions of Patent Infringement › § 4198. Bond

§ 4198. Bond
Upon motion by a target and a finding by the court that a target has established a reasonable likelihood that a person has made a bad faith assertion of patent infringement in violation of this chapter, the court shall require the person to post a bond in an amount equal to a good faith estimate of the target’s costs to litigate the claim and amounts reasonably likely to be recovered under subsection 4199(b) of this chapter, conditioned upon payment of any amounts finally determined to be due to the target. A hearing shall be held if either party so requests. A bond ordered pursuant to this section shall not exceed $250,000.00. The court may waive the bond requirement if it finds the person has available assets equal to the amount of the proposed bond or for other good cause shown. (Added 2013, No. 44, § 6; 2013, No. 47, § 2, eff. May 24, 2013.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 120 - Bad Faith Assertions of Patent Infringement › § 4199. Enforcement; remedies; damages

§ 4199. Enforcement; remedies; damages
(a) The Attorney General shall have the same authority under this chapter to make rules, conduct civil investigations, bring civil actions, and enter into assurances of discontinuance as provided under chapter 63 of this title. In an action brought by the Attorney General under this chapter, the court may award or impose any relief available under chapter 63 of this title.
(b) A target of conduct involving assertions of patent infringement, or a person aggrieved by a violation of this chapter or by a violation of rules adopted under this chapter, may bring an action in Superior Court. A court may award the following remedies to a plaintiff who prevails in an action brought pursuant to this subsection:
(1) equitable relief;
(2) damages;
(3) costs and fees, including reasonable attorney’s fees; and
(4) exemplary damages in an amount equal to $50,000.00 or three times the total of damages, costs, and fees, whichever is greater.
(c) This chapter shall not be construed to limit rights and remedies available to the State of Vermont or to any person under any other law and shall not alter or restrict the Attorney General’s authority under chapter 63 of this title with regard to conduct involving assertions of patent infringement. (Added 2013, No. 44, § 6; 2013, No. 47, § 2, eff. May 24, 2013.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 133 - Insider Trading Act › § 4301. Definitions

§ 4301. Definitions
The term “equity security” when used in this chapter means any stock or similar security; or any security convertible, with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security; or any such warrant or right; or any other security that the Commissioner of Financial Regulation shall consider to be of similar nature and consider necessary or appropriate, by such rules and regulations as he or she may prescribe in the public interest or for the protection of investors, to treat as an equity security. (Added 1965, No. 88, § 6.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 133 - Insider Trading Act › § 4302. Officers and stockholders; disclosure

§ 4302. Officers and stockholders; disclosure
Every person who is directly or indirectly the beneficial owner of more than ten percent of any class of any equity security of a domestic stock insurance company, or who is a director or an officer thereof, shall file in the office of the Commissioner of Financial Regulation on or before the first day of July, 1965, or within 10 days after the person becomes the beneficial owner, director, or officer, a statement in such form as the Commissioner may prescribe, of the amount of all equity securities of the company of which the person is the beneficial owner, and within 10 days after the close of each calendar month thereafter, if there has been a change in his or her ownership during the month, shall file in the office of the Commissioner a statement, in such form as the Commissioner may prescribe, indicating his or her ownership at the close of the calendar month and such changes in his or her ownership as have occurred during the calendar month. (Added 1965, No. 88, § 1; amended 1989, No. 225 (Adj. Sess.), § 25(b); 1995, No. 180 (Adj. Sess.), § 38(a).)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 133 - Insider Trading Act › § 4303. Penalty

§ 4303. Penalty
To prevent the unfair use of information that may have been obtained by the beneficial owner, director, or officer by reason of his or her relationship to the company, any profit realized by him or her from any purchase and sale, or any sale and purchase, of any equity security of the company within any period of less than six months, unless the security was acquired in good faith in connection with a debt previously contracted, shall inure to and be recoverable by the company, irrespective of any intention on the part of the beneficial owner, director, or officer in entering into the transaction of holding the security purchased or of not repurchasing the security sold for a period exceeding six months. Suit to recover the profit may be instituted in any court of competent jurisdiction by the company, or by the owner of any security of the company in the name and in behalf of the company if the company fails or refuses to bring suit within 60 days after request or fails diligently to prosecute it thereafter; but no such suit may be brought more than two years after the date the profit was realized. This section shall not be construed to cover any transaction where the beneficial owner was not such both at the time of the purchase and sale, or the sale and purchase, of the security involved, or any transaction or transactions that the Commissioner by rules and regulations may exempt as not comprehended within the purpose of this section. (Added 1965, No. 88, § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 133 - Insider Trading Act › § 4304. Unlawful sales; delivery

§ 4304. Unlawful sales; delivery
It shall be unlawful for any such beneficial owner, director, or officer, directly, or indirectly, to sell any equity security of the company if the person selling the security or his or her principal does not own the security sold, or if owning the security, does not deliver it against the sale within 20 days thereafter, or does not within five days after the sale deposit it in the mails or other usual channels of transportation; but no person may be considered to have violated this section if he or she proves that notwithstanding the exercise of good faith he or she was unable to make delivery or deposit within that time, or that to do so would cause undue inconvenience or expense. (Added 1965, No. 88, § 3.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 133 - Insider Trading Act › § 4305. Exceptions

§ 4305. Exceptions
The provisions of section 4303 of this title shall not apply to any purchase and sale, or sale and purchase, and the provisions of section 4303 of this title shall not apply to any sale, of an equity security of a domestic stock insurance company not then or theretofore held by him or her in an investment account, by a dealer in the ordinary course of his or her business and incident to the establishment or maintenance by him or her of a primary or secondary market otherwise than on an exchange as defined in the Securities Exchange Act of 1934 for the security. The Commissioner may, by such rules and regulations as he or she considers necessary or appropriate in the public interest, define and prescribe terms and conditions with respect to securities held in an investment account and transactions made in the ordinary course of business and incident to the establishment or maintenance of a primary or secondary market. (Added 1965, No. 88, § 4.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 133 - Insider Trading Act › § 4306. Arbitrage transactions

§ 4306. Arbitrage transactions
The provisions of sections 4302-4304 of this title shall not apply to foreign or domestic arbitrage transactions unless made in contravention of such rules and regulations as the Commissioner may adopt in order to carry out the purposes of this chapter. (Added 1965, No. 88, § 5.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 133 - Insider Trading Act › § 4307. Federally registered and small companies excepted

§ 4307. Federally registered and small companies excepted
The provisions of sections 4302-4304 of this title shall not apply to equity securities of a domestic stock insurance company if (1) the securities are registered, or required to be registered under section 12 of the Securities Exchange Act of 1934, as amended, or if (2) the domestic stock insurance company does not have any class of its equity securities held of record by 100 or more persons on the last business day of the year next preceding the year in which equity securities of the company would be subject to the provisions of sections 4302-4304 of this title except for the provisions of this section. (Added 1965, No. 88, § 7.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 133 - Insider Trading Act › § 4308. Rules and regulations of Commissioner

§ 4308. Rules and regulations of Commissioner
The Commissioner may make such rules and regulations as may be necessary for the execution of the functions vested in him or her by sections 4302-4307 of this title and may for that purpose classify domestic stock insurance companies, securities, and other persons or matters within his or her jurisdiction. No provision of sections 4302-4304 of this title imposing any liability applies to any act done or omitted in good faith in conformity with any rule or regulation of the Commissioner, notwithstanding that the rule or regulation may, after the act or omission, be amended or rescinded, or determined by judicial or other authority to be invalid for any reason. (Added 1965, No. 88, § 8.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 134 - Transfer on Death Security Registration › § 4351. Definitions

§ 4351. Definitions
As used in this chapter:
(1) “Beneficiary form” means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
(2) “Devisee” means any person designated in a will to receive a disposition of real or personal property.
(3) “Heirs” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.
(4) “Person” means an individual, a corporation, an organization, or other legal entity.
(5) “Personal representative” includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status.
(6) “Property” includes both real and personal property or any interest therein and means anything that may be the subject of ownership.
(7) “Register,” including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
(8) “Registering entity” means a person who originates or transfers a security title by registration and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(9) “Security” means a share, participation, or other interest in property in a business or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.
(10) “Security account” means:
(A) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account or a brokerage account, whether or not credited to the account before the owner’s death; or
(B) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner’s death.
(11) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States. (Added 1999, No. 23, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 134 - Transfer on Death Security Registration › § 4352. Registration in beneficiary form; sole or joint tenancy ownership

§ 4352. Registration in beneficiary form; sole or joint tenancy ownership
Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship as tenants by the entireties and not as tenants in common. In the case of community property established while the owners were residents of a community property state, the security continues its character as community property in this State unless it is subsequently reregistered by its owners. (Added 1999, No. 23, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 134 - Transfer on Death Security Registration › § 4353. Registration in beneficiary form; applicable law

§ 4353. Registration in beneficiary form; applicable law
A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity’s principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner’s address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law. (Added 1999, No. 23, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 134 - Transfer on Death Security Registration › § 4354. Origination of registration in beneficiary form

§ 4354. Origination of registration in beneficiary form
A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners. (Added 1999, No. 23, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 134 - Transfer on Death Security Registration › § 4355. Form of registration in beneficiary form

§ 4355. Form of registration in beneficiary form
Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD” or by the words “pay on death” or the abbreviation “POD” after the name of the registered owner and before the name of a beneficiary. (Added 1999, No. 23, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 134 - Transfer on Death Security Registration › § 4356. Effect of registration in beneficiary form

§ 4356. Effect of registration in beneficiary form
The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary. (Added 1999, No. 23, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 134 - Transfer on Death Security Registration › § 4357. Ownership on death of owner

§ 4357. Ownership on death of owner
On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners. (Added 1999, No. 23, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 134 - Transfer on Death Security Registration › § 4358. Protection of registering entity

§ 4358. Protection of registering entity
(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this chapter.
(b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this chapter.
(c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with section 4357 of this chapter and does so in good faith reliance (i) on the registration, (ii) on this chapter, and (iii) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary’s representatives, or other information available to the registering entity. The protections of this chapter do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this chapter.
(d) The protection provided by this chapter to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds. (Added 1999, No. 23, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 134 - Transfer on Death Security Registration › § 4360. Terms, conditions, and forms for registration

§ 4360. Terms, conditions, and forms for registration
(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form and (ii) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary’s descendants to take in the place of the named beneficiary in the event of the beneficiary’s death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for “lineal descendants per stirpes.” This designation substitutes a deceased beneficiary’s descendants who survive the owner for a beneficiary who does not so survive, the descendants to be identified and to share in accordance with the law of the beneficiary’s domicile at the owner’s death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity’s terms and conditions.
(b) The following are illustrations of registrations in beneficiary form that a registering entity may authorize:
(1) Sole owner-sole beneficiary: John S Brown TOD (or POD) John S Brown Jr.
(2) Multiple owners-sole beneficiary: John S Brown Mary B Brown JT TEN TOD John S Brown Jr.
(3) Multiple owners-primary and secondary (substituted) beneficiaries: John S Brown Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown or John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS.
(c) At the time of registration, a registering entity shall provide to each owner of the TOD account a written disclosure statement disclosing the survivorship features and consequences of establishing the TOD account. The fact that an owner did not receive a statement shall not cause the designation of a TOD beneficiary to be ineffectual. (Added 1999, No. 23, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 135 - Unsolicited Merchandise; Solicitation in the Guise of a Bill, Invoice, or Statement of Account › § 4401. Rights of recipient of unsolicited goods or services; obligation of business recipient to notify seller

§ 4401. Rights of recipient of unsolicited goods or services; obligation of business recipient to notify seller
(a) Except as provided in subsection (b) of this section, if a seller delivers unsolicited goods to a recipient, the recipient may:
(1) refuse the unsolicited goods; or
(2) deem the unsolicited goods to be a gift and dispose of them in any manner without obligation to the seller; provided that, in the case of a recipient who is not a natural person, before disposing of the goods, the recipient shall make a reasonable effort to notify the seller that it has received the unsolicited goods.
(b) If a seller delivers goods to a recipient in error and notifies the recipient of the error within 20 days, or before the recipient has used or disposed of the unsolicited goods, whichever is sooner, then:
(1) The seller shall provide, within 20 days of the notification of error, for the pick-up or return shipment of any remaining portion of the unsolicited goods at the seller’s expense and risk, during which time the recipient shall take reasonable care of the remaining unsolicited goods. The recipient need not tender the remaining goods at any place other than the place of delivery or the location of the remaining goods at the time of the notification of error and shall have no further obligation to accommodate the seller’s schedule for pick-up or return shipment or otherwise to facilitate the recovery of the item beyond the requirements of this section. If the recipient refuses to relinquish any remaining portion of the unsolicited goods to the seller, or agrees to relinquish the remaining unsolicited goods to the seller and fails to do so, the recipient shall be liable for the cost of the unsolicited goods not relinquished to the seller.
(2) The seller may discontinue services to the recipient. The recipient shall not be liable for any services delivered or used prior to the discontinuance of service.
(c) In this section:
(1) “Recipient” means a person who receives unsolicited goods, whether or not he or she was the intended recipient of them.
(2) “Seller” means a person who delivers, renders, or causes to be delivered or rendered unsolicited goods to a recipient, whether or not the seller intends to charge the recipient for the unsolicited goods.
(3) “Unsolicited goods” means any personal property or services delivered, rendered, or caused to be delivered or rendered by a seller to a recipient that are not requested by the recipient, whether or not the recipient and the seller have an existing business relationship. (Added 1969, No. 280 (Adj. Sess.); amended 1971, No. 235 (Adj. Sess.), § 4; 2011, No. 136 (Adj. Sess.), § 6, eff. May 18, 2012.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 136 - Campgrounds › § 4410. Campgrounds; removal

§ 4410. Campgrounds; removal
(a) Definition. A recreational campground or camping park is property where transient residence is offered or provided for seasonal or short-term vacation or recreational purposes on which may be located cabins, tents, or lean-tos, or campsites designed for temporary set-up of portable or mobile camping, recreational, or travel dwelling units, including tents, campers, and recreational vehicles such as motor homes, travel trailers, truck campers, and van campers.
(b) An owner, operator, or agent of a recreational campground or camping park may remove or cause to be removed from a recreational campground or camping park any person who does any of the following:
(1) refuses to pay registration or fees;
(2) violates any municipal or State law; or
(3) violates the published or posted rules of the recreational campground or camping park, which may include a rule that requires campers to respect the peace and quiet enjoyment of other campers and the owner, operator, or agent.
(c) A person who refuses to immediately leave the property after he or she has been told to do so by the owner, operator, or agent shall be in violation of 13 V.S.A. § 3705(a) and may be prosecuted for unlawful trespass. If any conduct involves the use of a motor vehicle, the person may be prosecuted for any applicable violation of Title 23. For the purposes of this section, the property on which a campground or camping park is located shall be considered open to the free flow and circulation of traffic. The person may be removed from the premises by a law enforcement officer on request of the owner, operator, or agent.
(d) The owner, operator, or agent shall employ reasonable means to protect any personal property left at a campground or camping park by a person who has left or has been removed. A reasonable storage fee that is published or posted may be charged for any personal property left at the campground or camping park. If the owner does not take possession of the personal property within six months of the date the property has been left at the campground, the owner, operator, or agent may dispose of it in a commercially reasonable manner and then pay to the owner the sale proceeds less any storage and sales fees incurred. (Added 2007, No. 196 (Adj. Sess.), § 3; amended 2019, No. 48, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 137 - Residential Rental Agreements › § 4451. Definitions

§ 4451. Definitions
As used in this chapter:
(1) “Actual notice” means receipt of written notice hand-delivered or mailed to the last known address. A rebuttable presumption that the notice was received three days after mailing is created if the sending party proves that the notice was sent by first-class or certified U.S. mail.
(2) “Building, housing, and health regulations” means any law, ordinance, or governmental regulation concerning health, safety, sanitation, or fitness for habitation or concerning the construction, maintenance, operation, occupancy, use, or appearance of any premises or dwelling unit.
(3) “Dwelling unit” means a building or the part of a building that is used as a home, residence, or sleeping place by one or more persons who maintain a household.
(4) “Landlord” means the owner, lessor, or where applicable, the sublessor of a residential dwelling unit or the building of which it is a part.
(5) “Normal wear and tear” means the deterioration that occurs, based upon the reasonable use for which the rental unit is intended, without negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the tenant or members of his or her household or their invitees or guests.
(6) “Premises” means a dwelling unit, its appurtenances and the building, and the grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant.
(7) “Rent” means all consideration to be made to or for the benefit of the landlord under the rental agreement, not including security deposits.
(8) “Rental agreement” means all agreements, written or oral, embodying terms and conditions concerning the use and occupancy of a dwelling unit and premises.
(9) “Sublease” means a rental agreement, written or oral, embodying terms and conditions concerning the use and occupancy of a dwelling unit and premises between two tenants, a sublessor, and a sublessee.
(10) “Tenant” means a person entitled under a rental agreement to occupy a residential dwelling unit to the exclusion of others. (Added 1985, No. 175 (Adj. Sess.), § 1; amended 2007, No. 176 (Adj. Sess.), § 44; 2015, No. 126 (Adj. Sess.), § 1.)