# Alaska Stat. § 45.08.105: Notice of adverse claim

> Alaska · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AK_T45_C45.08_S45.08.105

## Section

- **Citation:** Alaska Stat. § 45.08.105
- **Heading:** Notice of adverse claim
- **Jurisdiction:** Alaska
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** AK Code / Title 45 / Chapter 45.08 / Section 45.08.105

## Text

(a) A person has notice of an adverse claim if (1) the person knows of the adverse claim;

(2) the person is aware of facts sufficient to indicate that there is a significant probability that the adverse claim exists and deliberately avoids information that would establish the existence of the adverse claim; or

(3) the person has a duty, imposed by statute or regulation, to investigate whether an adverse claim exists, and the investigation required would establish the existence of the adverse claim.

(b) Having knowledge that a financial asset or interest in a financial asset is or has been transferred by a representative does not impose a duty of inquiry into the rightfulness of a transaction and is not notice of an adverse claim. However, a person who knows that a representative has transferred a financial asset or interest in a financial asset in a transaction that is, or whose proceeds are being used, for the individual benefit of the representative or otherwise in breach of duty has notice of an adverse claim.

(c) An act or event that creates a right to immediate performance of the principal obligation represented by a security certificate or sets a date on or after which the certificate is to be presented or surrendered for redemption or exchange does not itself constitute notice of an adverse claim except in the case of a transfer more than (1) one year after a date set for presentment or surrender for redemption or exchange; or

(2) six months after a date set for payment of money against presentation or surrender of the certificate, if money was available for payment on that date.

(d) A purchaser of a certificated security has notice of an adverse claim if the security certificate (1) whether in bearer or registered form, has been endorsed “for collection” or “for surrender” or for some other purpose not involving transfer; or

(2) is in bearer form and has on it an unambiguous statement that it is the property of a person other than the transferor, but the mere writing of a name on the certificate does not constitute this statement.

(e) Filing of a financing statement under AS 45.29 is not notice of an adverse claim to a financial asset.

## Nearby sections

- [Alaska Stat. § 45.08.101 Short title.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T45_C45.08_S45.08.101.md)
- [Alaska Stat. § 45.08.102 Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T45_C45.08_S45.08.102.md)
- [Alaska Stat. § 45.08.103 Rules for determining whether certain obligations and interests are securities or financial assets.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T45_C45.08_S45.08.103.md)
- [Alaska Stat. § 45.08.104 Acquisition of security or financial asset or interest in security or financial asset.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T45_C45.08_S45.08.104.md)
- [Alaska Stat. § 45.08.105 Notice of adverse claim.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T45_C45.08_S45.08.105.md)
- [Alaska Stat. § 45.08.106 Control.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T45_C45.08_S45.08.106.md)
- [Alaska Stat. § 45.08.107 Whether endorsement, instruction, or entitlement order is effective.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T45_C45.08_S45.08.107.md)
- [Alaska Stat. § 45.08.108 Warranties in direct holding.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T45_C45.08_S45.08.108.md)
- [Alaska Stat. § 45.08.109 Warranties in indirect holding.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T45_C45.08_S45.08.109.md)
- [Alaska Stat. § 45.08.110 Applicability; choice of law.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T45_C45.08_S45.08.110.md)
- [Alaska Stat. § 45.08.111 Clearing corporation rules.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T45_C45.08_S45.08.111.md)
- [Alaska Stat. § 45.08.112 Creditor's legal process.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T45_C45.08_S45.08.112.md)
- [Alaska Stat. § 45.08.113 Statute of frauds inapplicable.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T45_C45.08_S45.08.113.md)
- [Alaska Stat. § 45.08.114 Evidentiary rules concerning certificated securities.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T45_C45.08_S45.08.114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AK_T45_C45.08_S45.08.105. Check the current official text before relying on it. Not legal advice.