Iowa Code 554.7601A – Lost, stolen, or destroyed documents — additional requirements
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Terms Used In Iowa Code 554.7601A
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- undertaking: means a promise or security in any form. See Iowa Code 4.1
- year: means twelve consecutive months. See Iowa Code 4.1
554.7601A Lost, stolen, or destroyed documents — additional requirements.
1. a. If a warehouse receipt has been lost, stolen, or destroyed, the warehouse shall issue a duplicate upon receipt of:
(1) an affidavit that the warehouse receipt has been lost, stolen, or destroyed.
(2) a bond in an amount at least double the value of the goods at the time of posting the
bond, to indemnify any person injured by issuance of the duplicate warehouse receipt who
files a notice of claim within one year after delivery of the goods.
b. A duplicate warehouse receipt shall be plainly marked to indicate that it is a duplicate. A
receipt plainly marked as a duplicate is a representation and warranty by the warehouse that
the duplicate receipt is an accurate copy of an original receipt properly issued and uncanceled
at the date of the issue of the duplicate, but shall not impose upon the warehouse other
liability.
c. A warehouse which in good faith delivers goods to the holder of a duplicate receipt
issued in accordance with this subsection is liable to any person injured by the delivery, but
only to the extent of the security posted in accordance with paragraph “”b”” of this subsection.
2. If a warehouse receipt has been lost or destroyed, the depositor may either remove the
goods from the warehouse facility or sell the goods to the warehouse after executing a lost
warehouse receipt release on a form prescribed by the department of agriculture and land
stewardship. The form shall include an affidavit stating that the warehouse receipt has been
lost or destroyed, and the depositor’s undertaking to indemnify the warehouse for any loss
incurred as a result of the loss or destruction of the warehouse receipt. The form shall be
filed with the department of agriculture and land stewardship.
3. If a warehouse receipt has been lost or destroyed by a warehouse after delivery of
the goods or purchase of the goods by the warehouse, the warehouse shall execute and file
with the department of agriculture and land stewardship a notarized affidavit stating that the
warehouse receipt has been lost or destroyed by the warehouse after delivery or purchase of
the goods by the warehouse. The form of the affidavit shall be prescribed by the department
of agriculture and land stewardship.
2007 Acts, ch 30, §41, 45, 46; 2008 Acts, ch 1032, §80
Referred to in §203C.19
1. a. If a warehouse receipt has been lost, stolen, or destroyed, the warehouse shall issue a duplicate upon receipt of:
(1) an affidavit that the warehouse receipt has been lost, stolen, or destroyed.
(2) a bond in an amount at least double the value of the goods at the time of posting the
bond, to indemnify any person injured by issuance of the duplicate warehouse receipt who
files a notice of claim within one year after delivery of the goods.
b. A duplicate warehouse receipt shall be plainly marked to indicate that it is a duplicate. A
receipt plainly marked as a duplicate is a representation and warranty by the warehouse that
the duplicate receipt is an accurate copy of an original receipt properly issued and uncanceled
at the date of the issue of the duplicate, but shall not impose upon the warehouse other
liability.
c. A warehouse which in good faith delivers goods to the holder of a duplicate receipt
issued in accordance with this subsection is liable to any person injured by the delivery, but
only to the extent of the security posted in accordance with paragraph “”b”” of this subsection.
2. If a warehouse receipt has been lost or destroyed, the depositor may either remove the
goods from the warehouse facility or sell the goods to the warehouse after executing a lost
warehouse receipt release on a form prescribed by the department of agriculture and land
stewardship. The form shall include an affidavit stating that the warehouse receipt has been
lost or destroyed, and the depositor’s undertaking to indemnify the warehouse for any loss
incurred as a result of the loss or destruction of the warehouse receipt. The form shall be
filed with the department of agriculture and land stewardship.
3. If a warehouse receipt has been lost or destroyed by a warehouse after delivery of
the goods or purchase of the goods by the warehouse, the warehouse shall execute and file
with the department of agriculture and land stewardship a notarized affidavit stating that the
warehouse receipt has been lost or destroyed by the warehouse after delivery or purchase of
the goods by the warehouse. The form of the affidavit shall be prescribed by the department
of agriculture and land stewardship.
2007 Acts, ch 30, §41, 45, 46; 2008 Acts, ch 1032, §80
Referred to in §203C.19