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10A-1-5.01
Section 10A-1-5.01 Effect on rights under other law. The filing of a certificate of
formation by a filing entity pursuant to this title, an application for registration or statement
of foreign limited liability partnership by a foreign filing entity pursuant to this title,
or an application for reservation or registration of a name pursuant to this article does
not authorize the use of a name in this state in violation of a right of another under: (1)
The Trademark Act of 1946, as amended, 15 U.S.C. Section 1051 et seq.; or (2) Chapter
12 of Title 8; or (3) Common law. (Act 2009-513, p. 967, §35; Act 2018-125, §1; Act 2019-94,
§2.)...
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10A-1-1.03
Section 10A-1-1.03 Definitions. As used in this title, unless the context otherwise
requires, the following terms mean: (1) AFFILIATE. A person who controls, is controlled by,
or is under common control with another person. An affiliate of an individual includes the
spouse, or a parent or sibling thereof, of the individual, or a child, grandchild, sibling,
parent, or spouse of any thereof, of the individual, or an individual having the same home
as the individual, or a trust or estate of which an individual specified in this sentence
is a substantial beneficiary; a trust, estate, incompetent, conservatee, protected person,
or minor of which the individual is a fiduciary; or an entity of which the individual is director,
general partner, agent, employee or the governing authority or member of the governing authority.
(2) ASSOCIATE. When used to indicate a relationship with: (A) a domestic or foreign entity
for which the person is: (i) an officer or governing person; or (ii) a beneficial...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus
Lines Insurance Multi-State Compliance Compact Act is enacted into law and entered into with
all jurisdictions mutually adopting the compact in the form substantially as follows: PREAMBLE
WHEREAS, with regard to Non-Admitted Insurance policies with risk exposures located in multiple
states, the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted
and Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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8-6-5
Section 8-6-5 Registration of securities - Registration by notification. (a) The following
securities may be registered by notification, whether or not they are also eligible for registration
by coordination under Section 8-6-6: (1) Any security whose issuer and any predecessors
have been in continuous operation for at least five years if: a. There has been no default
during the current fiscal year or within the three preceding fiscal years in the payment of
principal, interest, or dividends on any security of the issuer, or any predecessor, with
a fixed maturity or a fixed interest or dividend provision; and b. The issuer and any predecessors
during the past three fiscal years have had average net earnings determined in accordance
with generally accepted accounting practices which are applicable to all securities without
a fixed maturity or a fixed interest or dividend provision and which: 1. Equal at least five
percent of the amount of securities without a fixed maturity or a fixed...
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27-31A-4
Section 27-31A-4 Risk retention groups not chartered in this state. Risk retention groups
chartered and licensed in states other than this state and seeking to do business as a risk
retention group in this state shall comply with the laws of this state as follows: (1) NOTICE
OF OPERATIONS AND DESIGNATION OF COMMISSIONER AS AGENT. a. Before offering insurance in this
state, a risk retention group shall submit to the commissioner both of the following: 1. A
statement identifying the state or states in which the risk retention group is chartered and
licensed as a liability insurance company, charter date, its principal place of business,
and other information, including information on its membership, as the commissioner of this
state may require to verify that the risk retention group is qualified pursuant to subdivision
(11) of Section 27-31A-2. 2. A copy of its plan of operations or feasibility study
and revisions of the plan or study submitted to the state in which the risk retention...
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8-6-11
Section 8-6-11 Registration of securities - Exempt transactions. (a) Except as hereinafter
in this section expressly provided, Sections 8-6-3 through 8-6-9 shall not apply to
any of the following transactions: (1) Any isolated nonissuer transaction, whether effected
through a dealer or not; (2) Any nonissuer transaction in an outstanding security by a registered
dealer if: a. The issuer has a class of securities subject to registration under Section
12 of the Securities Exchange Act of 1934 and has been subject to the reporting requirements
of Sections 13 or 15(d) of the Securities Exchange Act of 1934 for not less than 180 days
before the transaction; or has filed and maintained with the commission for not less than
180 days before the transaction information, in such form as the commission, by rule, specifies,
substantially comparable to the information which the issuer would be required to file under
Section 12(b) or Section 12(g) of the Securities Exchange Act of 1934, or the...
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40-27-1
Section 40-27-1 Compact adopted; terms. The following Multistate Tax Compact is hereby
approved, adopted and enacted into law by the State of Alabama: Multistate Tax Compact Article
I. Purposes. The purposes of this compact are to: 1. Facilitate proper determination of state
and local tax liability of multistate taxpayers, including the equitable apportionment of
tax bases and settlement of apportionment disputes. 2. Promote uniformity or compatibility
in significant components of tax systems. 3. Facilitate taxpayer convenience and compliance
in the filing of tax returns and in other phases of tax administration. 4. Avoid duplicative
taxation. Article II. Definitions. As used in this compact: 1. "State" means a state
of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory
or possession of the United States. 2. "Subdivision" means any governmental unit
or special district of a state. 3. "Taxpayer" means any corporation, partnership,
firm,...
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10A-1-7.22
Section 10A-1-7.22 Transaction of business without registration; actions to restrain.
(a) The failure of a foreign filing entity to register to transact business in this state
or to appoint and maintain a registered agent in this state shall not impair the validity
of any contract or act of the foreign entity and shall not prevent the foreign entity from
defending any action or proceeding in any court of this state, but the foreign entity shall
not maintain any action or proceeding in any court of this state until it has delivered to
the Secretary of State for filing an application for registration or a statement of foreign
limited liability partnership, as applicable, in accordance with Section 10A-1-7.04.
A foreign filing entity, by transacting business in this state without filing an application
for registration or a statement of foreign limited liability partnership, as applicable, appoints
the Secretary of State as its agent for service of process with respect to causes of action...
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10A-1-3.07
Section 10A-1-3.07 Certificate of existence or registration. Unless provided otherwise
in a chapter of this title governing an entity: (a) The Secretary of State, upon request and
payment of the requisite fee, shall furnish to any person a certificate of existence for a
filing entity if the filing instruments filed with the Secretary of State show that the filing
entity has been formed under the laws of this state. A certificate of existence shall reflect
only the information on file with the Secretary of State. A certificate of existence must
state: (1) the filing entity's name; (2) that the filing entity was formed under the laws
of this state and the date of formation; (3) whether the filing entity has delivered to the
Secretary of State for filing a certificate of dissolution; (4) whether the filing entity
has delivered to the Secretary of State for filing a certificate of reinstatement; (5) the
unique identifying number or other designation of the filing entity as assigned by the...
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10A-1-7.06
Section 10A-1-7.06 Amendments to registration. (a) If any statement in an application
for registration or a statement of foreign limited liability partnership was false when made
or any arrangements or other facts described have changed, making the application for registration
or statement of foreign limited liability partnership, as applicable, inaccurate in any respect,
the foreign entity shall file with the Secretary of State an amendment correcting the false
or inaccurate statement. A foreign entity must amend its registration to change its name if
the name has changed. If the name of a foreign entity as changed is not available in this
state or otherwise does not satisfy the requirements of Article 5, the foreign entity, pursuant
to the requirements of Section 10A-1-7.07, must adopt a name that complies with Article
5 under which it will transact business in this state. (b) A foreign entity may amend its
application for registration or statement of foreign limited liability...
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