Current through P.L. 171-2024
Section 8-1-40.5-14 - Transfer of securitization property(a) If an agreement by an electric utility or an assignee to transfer securitization property expressly states that the transfer is a sale or is otherwise an absolute transfer:(1) the resulting transaction:(B) is not a secured transaction; and(2) title, both legal and equitable, passes to the person to which the securitization property is transferred.(b) A transaction resulting from an agreement described in subsection (a) is a true sale regardless of:(1) whether the purchaser has any recourse against the seller; or(2) any other term of the agreement, including the following:(A) The seller's retention of an equity interest in the securitization property.(B) The fact that the electric utility acts as a collector of securitization charges relating to the securitization property.(C) The treatment of the transfer as a financing for tax, financial reporting, or other purposes.Added by P.L. 80-2021,SEC. 1, eff. 4/19/2021.