reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 53 - Assignment for Benefit of Creditors › § 2153. Copy of assignment to be filed

§ 2153. Copy of assignment to be filed
The assignor and assignee shall file in the clerk’s office in the county where the assignor resides, and also where the property assigned is situated at the time of making such assignment, a copy of the assignment and inventory, including choses in action, and of the list of creditors to be benefited by the assignment, to remain on file for the use and inspection of persons interested.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 53 - Assignment for Benefit of Creditors › § 2154. Assignee’s bond

§ 2154. Assignee’s bond
The assignee shall execute to the Superior Court for the unit in which the assignor resides a bond with sureties to the satisfaction of such court and conditioned for the faithful performance of such trust. The assignee shall execute such bond at the time of making such assignment, and the same may be prosecuted by parties aggrieved as provided in 14 V.S.A. chapter 101, relative to bonds governed by that chapter. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 60.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 53 - Assignment for Benefit of Creditors › § 2155. Failure to file copy of assignment or to execute bond

§ 2155. Failure to file copy of assignment or to execute bond
Unless such copies are filed as directed in section 2153 of this title and such bond is executed as directed in section 2154 of this title, the property so assigned shall be liable to trustee process and to attachment and execution at the suit of the creditors of the assignor, as if an assignment had not been made.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 53 - Assignment for Benefit of Creditors › § 2156. Assignee’s duties

§ 2156. Assignee’s duties
The assignee shall proceed with reasonable dispatch in the discharge of his or her trust to the completion of the same. When completed, he or she shall file with the clerk of such Superior Court a copy of the settlement of his or her trust account showing in detail how he or she has administered the trust, which account shall be verified by the oath of the assignee as a true and just account, and the same shall remain on file in such office for the inspection of the creditors of the assignor. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 53 - Assignment for Benefit of Creditors › § 2157. Application to Superior judge for settlement of account by assignee

§ 2157. Application to Superior judge for settlement of account by assignee
If, in the opinion of a creditor of the assignor named in the assignment, the assignee neglects to settle his or her trust and file a copy of his or her account with the county clerk for an unreasonable length of time, such creditor may apply to a Superior judge for an order upon the assignee to settle the same and file with the clerk of such court a copy of his or her trust account verified by oath within such time as the Superior judge deems proper.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 53 - Assignment for Benefit of Creditors › § 2158. Powers of Superior judge

§ 2158. Powers of Superior judge
The Superior judge may hear such application upon notice being given to the assignee, make necessary orders in the premises, and allow or refuse costs upon such application and hearing as he or she thinks equitable. He or she shall enforce the orders made by him or her according to the usages of a Superior Court and proceed against the assignee for a disobedience to the order of the Superior judge as for a contempt.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 57 - Voidable Transactions and False Checks › § 2286. Insolvency

§ 2286. Insolvency
(a) A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets.
(b) A debtor who is generally not paying his or her debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.
(c) Assets under this section do not include property that has been transferred, concealed, or removed with the intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter.
(d) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset. (Added 1995, No. 179 (Adj. Sess.), § 14; amended 2017, No. 20, § 1; 2021, No. 20, § 10.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 57 - Voidable Transactions and False Checks › § 2287. Value

§ 2287. Value
(a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s business to furnish support to the debtor or another person.
(b) For the purposes of subdivision 2288(a)(2) and section 2289 of this title, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, nonconclusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.
(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous. (Added 1995, No. 179 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 57 - Voidable Transactions and False Checks › § 2288. Transfer or obligation voidable as to present or future creditor

§ 2288. Transfer or obligation voidable as to present or future creditor
(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
(1) with actual intent to hinder, delay, or defraud any creditor of the debtor; or
(2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
(A) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
(B) intended to incur, or believed or reasonably should have believed that he or she would incur, debts beyond his or her ability to pay as they became due.
(b) In determining actual intent under subdivision (a)(1) of this section, consideration may be given, among other factors, to whether:
(1) the transfer or obligation was to an insider;
(2) the debtor retained possession or control of the property transferred after the transfer;
(3) the transfer or obligation was disclosed or concealed;
(4) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
(5) the transfer was of substantially all the debtor’s assets;
(6) the debtor absconded;
(7) the debtor removed or concealed assets;
(8) the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(9) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(10) the transfer occurred shortly before or shortly after a substantial debt was incurred; and
(11) the debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
(c) A creditor making a claim for relief under subsection (a) of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence. (Added 1995, No. 179 (Adj. Sess.), § 14; amended 2017, No. 20, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 57 - Voidable Transactions and False Checks › § 2289. Transfer or obligation voidable as to present creditor

§ 2289. Transfer or obligation voidable as to present creditor
(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
(b) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.
(c) Subject to subsection 2286(b) of this title, a creditor making a claim for relief under subsection (a) or (b) of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence. (Added 1995, No. 179 (Adj. Sess.), § 14; amended 2017, No. 20, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 57 - Voidable Transactions and False Checks › § 2290. When transfer is made or obligation is incurred

§ 2290. When transfer is made or obligation is incurred
For the purposes of this chapter:
(1) a transfer is made:
(A) with respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
(B) with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee;
(2) if applicable law permits the transfer to be perfected as provided in subdivision (1) of this section and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action;
(3) if applicable law does not permit the transfer to be perfected as provided in subdivision (1) of this section, the transfer is made when it becomes effective between the debtor and the transferee;
(4) a transfer is not made until the debtor has acquired rights in the asset transferred;
(5) an obligation is incurred:
(A) if oral, when it becomes effective between parties; or
(B) if evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee. (Added 1995, No. 179 (Adj. Sess.), § 14; amended 2017, No. 20, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 57 - Voidable Transactions and False Checks › § 2291. Remedies of creditor

§ 2291. Remedies of creditor
(a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in section 2292 of this title, may obtain:
(1) avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim;
(2) an attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by the Vermont Rules of Civil Procedure;
(3) subject to applicable principles of equity and in accordance with applicable Rules of Civil Procedure:
(A) an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(B) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
(C) any other relief the circumstances may require.
(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds. (Added 1995, No. 179 (Adj. Sess.), § 14; amended 2017, No. 20, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 57 - Voidable Transactions and False Checks › § 2293. Extinguishment of claim for relief

§ 2293. Extinguishment of claim for relief
A claim for relief with respect to a transfer or obligation under this chapter is extinguished unless action is brought:
(1) under subdivision 2288(a)(1) of this title, not later than four years after the transfer was made or the obligation was incurred or, if later, not later than one year after the transfer or obligation was or could reasonably have been discovered by the claimant;
(2) under subdivision 2288(a)(2) or subsection 2289(a) of this title, not later than four years after the transfer was made or the obligation was incurred;
(3) under subsection 2289(b) of this title, not later than one year after the transfer was made or the obligation was incurred; or
(4) pursuant to the provisions of 32 V.S.A. chapter 133, subchapter 9 for a tax sale, not later than two years after the tax collector’s deed is delivered to the successful bidder at the tax sale. (Added 1995, No. 179 (Adj. Sess.), § 14; amended 2017, No. 20, § 1; 2017, No. 117 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 57 - Voidable Transactions and False Checks › § 2294. Governing law

§ 2294. Governing law
(a) In this section, the following rules determine a debtor’s location:
(1) A debtor who is an individual is located at the individual’s principal residence.
(2) A debtor that is an organization and has only one place of business is located at its place of business.
(3) A debtor that is an organization and has more than one place of business is located at its chief executive office.
(b) A claim for relief in the nature of a claim for relief under this chapter is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred. (Added 2017, No. 20, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 57 - Voidable Transactions and False Checks › § 2295. Application to series organization

§ 2295. Application to series organization
(a) In this section:
(1) “Protected series” means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in subdivision (2) of this subsection.
(2) “Series organization” means an organization that, pursuant to the law under which it is organized, has the following characteristics:
(A) The organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series.
(B) Debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization.
(C) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.
(b) A series organization and each protected series of the organization is a separate person for purposes of this chapter, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization. (Added 2017, No. 20, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 57 - Voidable Transactions and False Checks › § 2296. Supplementary provisions

§ 2296. Supplementary provisions
Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement the provisions of this chapter. (Added 1995, No. 179 (Adj. Sess.), § 14; amended 2017, No. 20, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 57 - Voidable Transactions and False Checks › § 2297. Uniformity of application and construction

§ 2297. Uniformity of application and construction
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. (Added 1995, No. 179 (Adj. Sess.), § 14; amended 2017, No. 20, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 57 - Voidable Transactions and False Checks › § 2298. Relation to Electronic Signatures in Global and National Commerce Act

§ 2298. Relation to Electronic Signatures in Global and National Commerce Act
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b). (Added 2017, No. 20, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 57 - Voidable Transactions and False Checks › § 2311. Civil remedy for bad checks; damages

§ 2311. Civil remedy for bad checks; damages
(a) In any action against a person who makes, issues, or draws any check, draft, or order for the payment of money that has been dishonored for lack of funds or credit to pay the same, or because the maker, issuer, or drawer has no account with the drawee, the holder may recover from the maker, issuer, or drawer court costs, costs of service, the amount of the check, draft, or order, bank fees, interest, attorney’s fees, and damages in the amount of $50.00. A holder may only recover attorney’s fees and damages under this section if the holder gives notice pursuant to this section for payment of the check, draft, or order and the maker, issuer, or drawer fails to tender within 30 days of the date of notice an amount equal to the amount of the check, draft, or order, plus bank fees and mailing costs.
(b) As used in this section:
(1) “Dishonored” includes a stop payment order issued without cause.
(2) “Notice” means notice given to the maker, drawer, or issuer of the check, draft, or order in writing. Notice in writing shall include the date the check was written, the person to whom the check was made payable, bank fees, mailing costs, the amount of the check, and the date by which payment should be made. Notice in writing shall be conclusively presumed to have been given:
(A) when properly mailed by certified mail and by first-class mail, addressed to the maker, drawer, or issuer at the address as it appears on the check, draft, or order or at the last known address; or
(B) if:
(i) the notice has been properly mailed by first-class mail addressed to the maker, drawer, or issuer at the address as it appears on the check, draft, or order or at the last known address;
(ii) the notice is supported by an affidavit of service by mailing; and
(iii) three days have gone by after the date the affidavit is executed. (Amended 1971, No. 185 (Adj. Sess.), § 23, eff. March 29, 1972; 1971, No. 254 (Adj. Sess.), § 2, eff. April 11, 1972; 1987, No. 260 (Adj. Sess.); 2005, No. 60, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 57 - Voidable Transactions and False Checks › § 2312. Prima facie evidence of knowledge

§ 2312. Prima facie evidence of knowledge
As against the maker or drawer thereof, the making, drawing, uttering, or delivery of such check, draft, or order, the payment of which is refused by the drawee for the reason that the maker or drawer has not sufficient funds in or credit with such bank or other depository for the payment of such check, draft, or order in full upon its presentation, shall be prima facie evidence of knowledge at the time of such making, drawing, uttering, or delivery that the maker or drawer did not have sufficient funds in or credit with such bank or other depository for the payment of such check, draft, or order in full upon its presentation, unless such maker or drawer shall pay such check, draft, or order, with all costs and protest fees, within eight days after receiving notice that the same has not been paid by the drawee.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 59 - Motor Vehicle Retail Installment Sales Financing › § 2354. Investigations and complaints; powers of Administrator

§ 2354. Investigations and complaints; powers of Administrator
(a) The Administrator, if he or she has reasonable cause to believe that any licensee or other person has violated any of the provisions of this chapter, may make such investigation as he or she shall deem necessary, and, to the extent necessary for this purpose, the Administrator or his or her authorized representative may examine the licensee or any other person and shall have the power to compel the production of all relevant books, records, and documents.
(b) Any buyer having reason to believe that this chapter has been violated with respect to this retail installment contract may file with the Administrator a written complaint setting forth the details of the alleged violation.
(c) The Administrator may issue subpoenas to compel the attendance of witnesses and the production of books, records, documents, and other evidence before him or her in any matter over which he or she has jurisdiction, control, or supervision pertaining to this chapter. The Administrator shall have the power to administer oaths and affirmations to any person whose testimony is required. (Added 1961, No. 227, § 4, eff. Jan. 1, 1962.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 59 - Motor Vehicle Retail Installment Sales Financing › § 2356a. Finance charge limitation and method of calculation

§ 2356a. Finance charge limitation and method of calculation
The interest rates for motor vehicle financing shall be that authorized by subdivision 41a(b)(4) of this title, and the method of interest calculation shall be as specified in subsection 41a(d) of this title. (Added 1979, No. 173 (Adj. Sess.), § 15, eff. April 30, 1980; amended 1989, No. 122, § 7, eff. June 30, 1989.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 59 - Motor Vehicle Retail Installment Sales Financing › § 2357. Prepayment

§ 2357. Prepayment
Notwithstanding the provisions of any retail installment contract to the contrary, any buyer may prepay it in full at any time before maturity without penalty. (Added 1961, No. 227, § 7, eff. Jan. 1, 1962; amended 1967, No. 58, § 3; 1989, No. 122, § 8, eff. June 30, 1989.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 59 - Motor Vehicle Retail Installment Sales Financing › § 2358. Refinancing retail installment contracts

§ 2358. Refinancing retail installment contracts
(a) The holder of a retail installment contract, upon request by the buyer, may agree to an amendment thereto to extend the scheduled due date of all or any part of any installment or installments or to renew, restate, or reschedule the unpaid balance of the contract.
(b) The amendment to the contract must be confirmed in writing signed by the buyer and the holder. The writing shall set forth the terms of the amendment and shall either be delivered or mailed to the buyer at the address as shown on the contract. The writing together with the original contract and any previous amendments thereto shall constitute the retail installment contract. (Added 1961, No. 227, § 8, eff. Jan. 1, 1962; amended 1989, No. 122, § 9, eff. June 30, 1989.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 59 - Motor Vehicle Retail Installment Sales Financing › § 2359. Cases not provided for; scope

§ 2359. Cases not provided for; scope
This chapter shall not affect or apply to any loans or to the business of making loans under the laws of this State, nor shall any of the provisions of the loan or interest statutes of this State affect or apply to any retail installment transaction. Nothing in this chapter shall be construed to impair or in any way affect any rule of law applicable to or governing retail installment sales not otherwise subject hereto. This chapter shall apply exclusively to all retail installment transactions as defined in section 2351 of this title. This chapter shall not apply to commercial leases. (Added 1961, No. 227, § 9, eff. Jan. 1, 1962; amended 1989, No. 122, § 10, eff. June 30, 1989; 1989, No. 284 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 59 - Motor Vehicle Retail Installment Sales Financing › § 2360. Waiver

§ 2360. Waiver
No act or agreement of the retail buyer before or at the time of the making of a retail installment contract shall constitute a valid waiver of any of the provisions of this chapter. (Added 1961, No. 227, § 10, eff. Jan. 1, 1962.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 59 - Motor Vehicle Retail Installment Sales Financing › § 2361. Penalties

§ 2361. Penalties
(a) In case of failure of any person to comply with any of the provisions of this chapter, such person or any person who acquires a contract or installment account with knowledge of such noncompliance is barred from recovery of any finance charge or of any delinquency, collection, deferral, or refinance charge imposed in connection with such contract or installment account, and the buyer shall have the right to recover from such person an amount equal to any of such charges paid by the buyer with interest thereon from the time of payment and all expenses of collection including reasonable attorney’s fees, in a civil action on this statute.
(b) In any case in which a person willfully violates any provision of this chapter, except as provided in subsection (c) of this section, the buyer may recover from such person an amount equal to two times the total of the estimated finance charges and any delinquency, collection, extension, deferral, or refinance charges imposed, contracted for, or received, and the seller shall be barred from the recovery of any such charges. The buyer shall also recover reasonable attorney’s fees as determined by the court.
(c) A person shall not knowingly or willfully make any retail installment contract under this chapter that directly or indirectly calls for the payment of any finance charges in excess of the legal rate as set forth in this chapter. A contract violating this section shall be unenforceable, and a person shall have no right to collect any principal, finance, or other charges.
(d) Notwithstanding the provisions of this section, any failure to comply with any provision of the chapter may be corrected by the holder in accordance with the provisions of this section, provided that a willful violation may not be corrected, and a correction that will increase the amount owed by the owner or the amount of any payment shall not be effective unless the buyer concurs in writing to the correction. If a violation is corrected by the holder in accordance with the provisions of this section, neither the seller nor the holder shall be subject to any penalty under this section. The correction shall be made by delivering to the buyer a corrected copy of the contract within 60 days of the execution of the original contract by the buyer. Any amount improperly collected from the buyer shall be credited against the indebtedness evidenced by the contract.
(e) Any person who shall willfully and intentionally violate any provisions of this chapter shall be fined not more than $100.00 for the first offense. Upon conviction for violating this section in any transaction entered into or consummated after a first conviction hereunder, the offender shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both. (Added 1961, No. 227, § 11, eff. Jan. 1, 1962; amended 1973, No. 185 (Adj. Sess.), § 1; 1989, No. 122, § 11, eff. June 30, 1989.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 59 - Motor Vehicle Retail Installment Sales Financing › § 2362. Prohibition on discrimination based on sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, age, or disability

§ 2362. Prohibition on discrimination based on sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, age, or disability
No seller shall discriminate against any buyer or prospective buyer who desires to establish a retail installment contract because of the sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, age, or disability of the buyer. (Added 1973, No. 130 (Adj. Sess.), § 3; amended 1989, No. 122, § 12, eff. June 30, 1989; 1991 No. 135 (Adj. Sess.), § 8; 2007, No. 41, § 11; 2013, No. 96 (Adj. Sess.), § 27.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 60 - Agricultural Finance Leases › § 2381. Definitions

§ 2381. Definitions
As used in this chapter:
(1) “Agricultural finance lease” or “lease” means a lease of property to a farmer under which:
(A) the lease transfers ownership of the leased property to the lessee by the end of the lease term;
(B) the lease contains an option for the lessee to purchase the leased property at the end of the lease term;
(C) the lease term is equal to or greater than 75 percent of the estimated economic life of the leased property; or
(D) when the lease is executed, the present value of the rental and other minimum lease payments equals or exceeds 90 percent of the fair market value of the leased property less any investment tax credit retained by the lessor.
(2) “Commissioner” means the Commissioner of Financial Regulation.
(3) “Fair market value” means the price the leased property would be sold for in a transaction between willing and informed parties in an arms-length transaction.
(4) “Farmer” means any person engaged in farming.
(5) “Farming” means those activities described in 10 V.S.A. § 6001(22).
(6) “Leased property” or “property” means personal property leased by a lessor to a farmer lessee for use in farming, including goods, livestock, equipment and machinery, bulk milk tanks, silos, manure storage systems, tools, fixtures that were personal property at the time the lease was entered into, and accessories. The term also includes the cost of installation, if any.
(7) “Lessee” means a person who acquires the right to possession and use of leased property under an agricultural finance lease.
(8) “Lessor” means a person who transfers the right to possession and use of leased property under an agricultural finance lease, and agents, successors, and assigns of the lessor. The term also includes a person who is the manufacturer, seller, supplier, or dealer of the leased property if the lessor is wholly owned as a subsidiary corporation by, or wholly owns as a subsidiary corporation, such a person, or if there is common ownership or management in any other form between the lessor and that person. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 1995, No. 180 (Adj. Sess.), § 38; 2011, No. 136 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 60 - Agricultural Finance Leases › § 2382. Agricultural finance leases

§ 2382. Agricultural finance leases
(a) An agricultural finance lease, including any lease amendments, shall be in writing, dated, and signed by the lessee and the lessor. The lease shall be completed before being signed by the lessee. The lease need not be contained in a single document. A copy of the lease shall be provided to the lessee at the time of execution.
(b) The printed portion of an agricultural finance lease, and the accompanying disclosure sheet if not incorporated into the lease, other than instructions for completion, shall be in a size equal to at least eight-point type. The contract shall be designated in a size equal to at least 10-point bold type as an “agricultural finance lease ” and shall contain the following notice in a size equal to at least 10-point bold type.
“NOTICE TO THE LESSEE—DO NOT SIGN THIS LEASE IN BLANK. YOU ARE ENTITLED TO A COPY OF THE LEASE AT THE TIME YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS.”
(c) The provisions of section 2454 of this title, requiring a lessor to disclose a lessee’s right to cancel a lease, shall apply to an agricultural finance lease that is a “home solicitation sale,” as that term is defined by section 2451a of this title. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 2011, No. 136 (Adj. Sess.), § 1, eff. May 18, 2012.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 60 - Agricultural Finance Leases › § 2384. Warranties

§ 2384. Warranties
(a) A lessee may enforce all express or implied warranties available to the lessor directly against the manufacturer, seller, supplier, or dealer of the leased property, during the term of the lease.
(b) A lessor shall impliedly warrant that the leased property is fit for a particular purpose if the lessor, when the lease is executed, has reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessor’s skill or judgment to select or furnish suitable goods.
(c) A lessor shall impliedly warrant that the leased property is merchantable, if the lessor is a merchant with respect to goods of that kind.
(d) A lessor shall impliedly warrant that no person holds a claim to or interest in the leased property arising from an act or omission of the lessor, for the lease term, that will interfere with the lessee’s enjoyment of the leasehold interest. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 2011, No. 136 (Adj. Sess.), § 1, eff. May 18, 2012.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 60 - Agricultural Finance Leases › § 2385. Unconscionability

§ 2385. Unconscionability
(a) If a court finds an agricultural finance lease, or any clause of a lease, to have been unconscionable at the time it was made, the court may refuse to enforce the entire lease or enforce the remainder of the agricultural finance lease without the unconscionable clause, or it may limit the application of any unconscionable clause to avoid an unconscionable result.
(b) If a court finds that an agricultural finance lease or any clause of a lease has been induced by unconscionable conduct, or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.
(c) Before making a finding on unconscionability under subsection (a) or (b) of this section, the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause, or of the conduct. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 2011, No. 136 (Adj. Sess.), § 1, eff. May 18, 2012.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 60 - Agricultural Finance Leases › § 2386. Option to accelerate at will

§ 2386. Option to accelerate at will
Any term of an agricultural finance lease providing that a party or a successor in interest may accelerate payment or performance, or require collateral or additional collateral “at will” or “when he or she deems himself or herself insecure,” or in words of similar import, shall be construed to mean that the party may do so only if he or she in good faith believes that the prospect of payment or performance is impaired. The burden of establishing good faith shall be on the party who exercised the power. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 2011, No. 136 (Adj. Sess.), § 1, eff. May 18, 2012.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 60 - Agricultural Finance Leases › § 2387. Waiver

§ 2387. Waiver
No act or agreement of the lessee shall be deemed a waiver of any of the provisions of this chapter, except for a waiver made in settlement of a claim asserted under this chapter. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 2011, No. 136 (Adj. Sess.), § 1, eff. May 18, 2012.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 60 - Agricultural Finance Leases › § 2388. Prohibition on discrimination based on sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, age, or disability

§ 2388. Prohibition on discrimination based on sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, age, or disability
No person shall discriminate against any lessee or prospective lessee who has entered into an agricultural finance lease, or who desires to enter into an agricultural finance lease, because of the sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, age, or disability of the lessee. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 1991, No. 135 (Adj. Sess.), § 10; 2007, No. 41, § 13; 2011, No. 136 (Adj. Sess.), § 1, eff. May 18, 2012; 2013, No. 96 (Adj. Sess.), § 28.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 60 - Agricultural Finance Leases › § 2389. Limitation on power to choose applicable law and judicial forum

§ 2389. Limitation on power to choose applicable law and judicial forum
(a) If the parties to an agricultural finance lease choose the law of a jurisdiction other than that in which the goods are to be used, or that in which the lessee resides or has his or her principal place of business, when the lease agreement becomes enforceable or within 30 days thereafter, the choice is not enforceable.
(b) If the parties to an agricultural finance lease choose a judicial forum that would not otherwise have jurisdiction over the lessee, the choice is not enforceable. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 2011, No. 136 (Adj. Sess.), § 1, eff. May 18, 2012.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 60 - Agricultural Finance Leases › § 2390. Remedies and penalties

§ 2390. Remedies and penalties
All remedies and penalties available to a consumer and the Attorney General under chapter 63 of this title shall apply to violations of this chapter. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 1991, No. 79, § 6; 2011, No. 136 (Adj. Sess.), § 1, eff. May 18, 2012.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 60 - Agricultural Finance Leases › § 2391. Construction

§ 2391. Construction
In the event of a conflict between this chapter and Title 9A, the Uniform Commercial Code, the provisions of this chapter shall control. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 2011, No. 136 (Adj. Sess.), § 1, eff. May 18, 2012.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 60 - Agricultural Finance Leases › § 2392. Rules

§ 2392. Rules
The Commissioner may adopt rules, including incorporation of the applicable provisions of 12 C.F.R. Part 213, deemed necessary to promote the purposes of this chapter. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 2011, No. 136 (Adj. Sess.), § 1, eff. May 18, 2012.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 61 - Retail Installment Sales › § 2404. Investigations and complaints; powers of Commissioner

§ 2404. Investigations and complaints; powers of Commissioner
(a) The Commissioner, if he or she has reasonable cause to believe that any licensee or other person has violated any of the provisions of this chapter, may make such investigation as he or she shall deem necessary, and, to the extent necessary for this purpose, the Commissioner or his or her authorized representative may examine the licensee or any other person and shall have the power to compel the production of all relevant books, records, and documents.
(b) Any buyer having reason to believe that this chapter has been violated with respect to this retail installment contract may file with the Commissioner a written complaint setting forth the details of the alleged violation.
(c) The Commissioner may issue subpoenas to compel the attendance of witnesses and the production of books, records, documents, and other evidence before him or her in any matter over which he or she has jurisdiction, control, or supervision pertaining to this chapter. The Commissioner shall have the power to administer oaths and affirmations to any person whose testimony is required. (Added 1963, No. 221, § 4, eff. Jan. 1, 1964.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 61 - Retail Installment Sales › § 2407. Scope

§ 2407. Scope
(a) This chapter shall not affect or apply to any loans or to the business of making loans under or in accordance with the laws of this State, nor shall any of the provisions of the loan or interest statutes of this State affect or apply to any retail installment transaction regulated hereunder. Nothing in this chapter shall be construed to impair or in any way affect any rule of law applicable to or governing retail installment sales not otherwise subject hereto. This chapter shall apply exclusively to all retail installment transactions as defined in section 2401 of this title.
(b) This chapter shall not apply to commercial leases. (Added 1963, No. 221, § 7, eff. Jan. 1, 1964; amended 1989, No. 122, § 22, eff. June 30, 1989; 1989, No. 284 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 61 - Retail Installment Sales › § 2408. Waiver

§ 2408. Waiver
No act or agreement of the retail buyer before or at the time of the making of the retail installment contract, retail charge agreement, or purchase thereunder shall constitute a valid waiver of any of the provisions of this chapter. (Added 1963, No. 221, § 8, eff. Jan. 1, 1964.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 61 - Retail Installment Sales › § 2409. Penalties

§ 2409. Penalties
(a) In case of failure of any person to comply with any of the provisions of this chapter, such person or any person who acquires a contract or installment account with knowledge of such noncompliance is barred from recovery of any finance charge or of any delinquency, collection, deferral, or refinance charge imposed in connection with such contract or installment account, and the buyer shall have the right to recover from such person an amount equal to any of such charges paid by the buyer with interest thereon from the time of payment and all expenses of collection, including reasonable attorney’s fees, in a civil action on this statute.
(b) In any case in which a person willfully violates any provision of this chapter, except as provided in subsection (c) of this section, the buyer may recover from such person an amount equal to two times the total of the finance charges and any delinquency, collection, extension, deferral, or refinance charges imposed, contracted for, or received, and the seller shall be barred from the recovery of any such charges. The buyer shall also recover reasonable attorney’s fees as determined by the court.
(c) A person shall not knowingly or willfully make any retail installment contract under this chapter that directly or indirectly calls for the payment of any finance charges in excess of the legal rate as set forth in this chapter. A contract violating this section shall be unenforceable, and a person shall have no right to collect any principal, finance, or other charges.
(d) Notwithstanding the provisions of this section, any failure to comply with any provision of the chapter may be corrected by the holder in accordance with the provisions of this section, provided that a willful violation may not be corrected, and a correction that will increase the amount owed by the owner or the amount of any payment shall not be effective unless the buyer concurs in writing to the correction. If a violation is corrected by the holder in accordance with the provisions of this section, neither the seller nor the holder shall be subject to any penalty under this section. The correction shall be made by delivering to the buyer a corrected copy of the contract within 60 days of the execution of the original contract by the buyer. Any amount improperly collected from the buyer shall be credited against the indebtedness evidenced by the contract.
(e) Any person who shall willfully and intentionally violate any provisions of this chapter shall be fined not more than $100.00 for the first offense. Upon conviction for violating this section in any transaction entered into or consummated after a first conviction hereunder, the offender shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both. (Added 1963, No. 221, § 9, eff. Jan. 1, 1964; amended 1973, No. 185 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 61 - Retail Installment Sales › § 2410. Prohibition on discrimination based on sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, age, or disability

§ 2410. Prohibition on discrimination based on sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, age, or disability
No seller shall discriminate against any buyer or prospective buyer who desires to establish a retail installment contract or retail charge agreement because of the sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, age, or disability of the buyer. (Added 1973, No. 130 (Adj. Sess.), § 2; amended 1989, No. 122, § 23, eff. June 30, 1989; 1991, No. 135 (Adj. Sess.), § 9; 2007, No. 41, § 12; 2013, No. 96 (Adj. Sess.), § 29.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 62 - Protection of Personal Information › § 2431. Acquisition of brokered personal information; prohibitions

§ 2431. Acquisition of brokered personal information; prohibitions
(a) Prohibited acquisition and use.
(1) A person shall not acquire brokered personal information through fraudulent means.
(2) A person shall not acquire or use brokered personal information for the purpose of:
(A) stalking or harassing another person;
(B) committing a fraud, including identity theft, financial fraud, or e-mail fraud; or
(C) engaging in unlawful discrimination, including employment discrimination and housing discrimination.
(b) Enforcement.
(1) A person who violates a provision of this section commits an unfair and deceptive act in commerce in violation of section 2453 of this title.
(2) The Attorney General has the same authority to adopt rules to implement the provisions of this section and to conduct civil investigations, enter into assurances of discontinuance, bring civil actions, and take other enforcement actions as provided under chapter 63, subchapter 1 of this title. (Added 2017, No. 171 (Adj. Sess.), § 2, eff. Jan. 1, 2019.)