# Idaho Code § 28-8-105: 28-8-105 NOTICE OF ADVERSE CLAIM > Idaho · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T28_C8_S28-8-105 ## Section - **Citation:** Idaho Code § 28-8-105 - **Heading:** 28-8-105 NOTICE OF ADVERSE CLAIM - **Jurisdiction:** Idaho - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Idaho Code / Title 28 / Chapter 8 / Section 28-8-105 ## Text PART 1. SHORT TITLE AND GENERAL MATTERS 28-8-105. Notice of adverse claim. (1) A person has notice of an adverse claim if: (a) The person knows of the adverse claim; (b) 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 (c) The person has a duty, imposed by statute or rule, to investigate whether an adverse claim exists, and the investigation so required would establish the existence of the adverse claim. (2) Having knowledge that a financial asset or interest therein is or has been transferred by a representative imposes no 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 therein 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. (3) 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: (a) One (1) year after a date set for presentment or surrender for redemption or exchange; or (b) Six (6) 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. (4) A purchaser of a certificated security has notice of an adverse claim if the security certificate: (a) Whether in bearer or registered form, has been indorsed "for collection" or "for surrender" or for some other purpose not involving transfer; or (b) 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 is not such a statement. (5) Filing of a financing statement under chapter 9, title 28, is not notice of an adverse claim to a financial asset. History: [28-8-105, added 1995, ch. 272, sec. 2, p. 878.] ## Nearby sections - [Idaho Code § 28-8-101 28-8-101 SHORT TITLE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T28_C8_S28-8-101.md) - [Idaho Code § 28-8-102 28-8-102 DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T28_C8_S28-8-102.md) - [Idaho Code § 28-8-103 28-8-103 RULES FOR DETERMINING WHETHER CERTAIN OBLIGATIONS AND INTERESTS ARE SECURITIES OR FINANCIAL ASSETS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T28_C8_S28-8-103.md) - [Idaho Code § 28-8-104 28-8-104 ACQUISITION OF SECURITY OR FINANCIAL ASSET OR INTEREST THEREIN.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T28_C8_S28-8-104.md) - [Idaho Code § 28-8-105 28-8-105 NOTICE OF ADVERSE CLAIM.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T28_C8_S28-8-105.md) - [Idaho Code § 28-8-106 28-8-106 CONTROL.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T28_C8_S28-8-106.md) - [Idaho Code § 28-8-107 28-8-107 WHETHER INDORSEMENT, INSTRUCTION OR ENTITLEMENT ORDER IS EFFECTIVE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T28_C8_S28-8-107.md) - [Idaho Code § 28-8-108 28-8-108 WARRANTIES IN DIRECT HOLDING.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T28_C8_S28-8-108.md) - [Idaho Code § 28-8-109 28-8-109 WARRANTIES IN INDIRECT HOLDING.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T28_C8_S28-8-109.md) - [Idaho Code § 28-8-110 28-8-110 APPLICABILITY AND CHOICE OF LAW.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T28_C8_S28-8-110.md) - [Idaho Code § 28-8-111 28-8-111 CLEARING CORPORATION RULES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T28_C8_S28-8-111.md) - [Idaho Code § 28-8-112 28-8-112 CREDITOR'S LEGAL PROCESS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T28_C8_S28-8-112.md) - [Idaho Code § 28-8-113 28-8-113 STATUTE OF FRAUDS INAPPLICABLE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T28_C8_S28-8-113.md) - [Idaho Code § 28-8-114 28-8-114 EVIDENTIARY RULES CONCERNING CERTIFICATED SECURITIES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T28_C8_S28-8-114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T28_C8_S28-8-105. 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