Section 44.81.231. Pledge of permits.

   (a) A limited entry permit issued under AS 16.43 may be pledged by the holder as security for a loan authorized under AS 44.81.236 if the certificate for the pledged permit lists the bank as the legal owner of the permit and the pledger as the equitable owner of the permit.
   (b) Annual permit cards issued under the pledged permit must be in the name of the equitable owner who shall be responsible for compliance with the laws that govern the permit as if the equitable owner were the holder of the permit.
   (c) Co-borrowers or guarantors on a loan secured by one or more pledged permits do not have a right in the pledged permit of the equitable owner, whether by subrogation or other manner.
   (d) Upon payment of the loan, the bank shall certify to the Alaska Commercial Fisheries Entry Commission that the loan has been repaid, and the commission shall amend the permit certificate to list the equitable owner as the holder, and the legal interest of the bank shall terminate.
   (e) In anticipation of a possible foreclosure under AS 44.81.241 - 44.81.250, the equitable owner of a permit that is pledged as security for the loan may nominate a person to whom the permit may be transferred if the pledge is foreclosed under AS 44.81.245.

Authorities

16.43.170;16.43.960;16.43.970;44.81.215;44.81.241;44.81.243;44.81.247

Notes

References

20 AAC 05.1716
20 AAC 05.1718
AS 16.43.170 Transfer of entry permits.
AS 16.43.960 Commission revocation or suspension of permits.
AS 16.43.970 Penalties.
AS 44.81.215 Lending powers of the bank.
AS 44.81.241 Initial notice of default.
AS 44.81.243 Bank remedies after failure to cure.
AS 44.81.247 Termination of permit interest.

History

(Sec. 19 ch 34 SLA 1996)