Code of Alabama

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10A-5A-7.04
Section 10A-5A-7.04 Known claims against dissolved limited liability company. Notwithstanding
Sections 10A-1-9.01 and 10A-1-9.21: (a) A dissolved limited liability company may dispose
of any known claims against it by following the procedures described in subsection (b) at
any time after the effective date of the dissolution of the limited liability company. (b)
A dissolved limited liability company may give notice of the dissolution in a record to the
holder of any known claim. The notice must: (1) identify the dissolved limited liability company;
(2) describe the information required to be included in a claim; (3) provide a mailing address
to which the claim is to be sent; (4) state the deadline, which may not be fewer than 120
days from the effective date of the notice, by which the dissolved limited liability company
must receive the claim; and (5) state that if not sooner barred, the claim will be barred
if not received by the deadline. (c) Unless sooner barred by any other...
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34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery
from fund; procedures, appeals, etc.; licensee to report any legal action taken against him
or her. (a) The commission shall establish and maintain a Recovery Fund from which an aggrieved
party may recover actual or compensatory damages, not including interest and court costs,
sustained only within the State of Alabama as a result of conduct of a broker or salesperson
in violation of Article 1 or 2 of this chapter or the rules and regulations of the commission.
(b) Notwithstanding any other provision to the contrary, payments from the Recovery Fund are
subject to the following conditions and limitations: (1) The fund shall not be obligated for
the acts or omissions of a broker or salesperson while acting on his or her own behalf or
on behalf of his or her child, spouse, or parent regarding property in which he or she or
his or her spouse, child, or parent has, or is attempting to acquire, an interest;...
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31-13-15
Section 31-13-15 Employment of unauthorized aliens prohibited. (a) No business entity,
employer, or public employer shall knowingly employ, hire for employment, or continue to employ
an unauthorized alien to perform work within the State of Alabama. Knowingly employ, hire
for employment, or continue to employ an unauthorized alien means the actions described in
8 U.S.C. § 1324a. (b) Effective April 1, 2012, every business entity or employer in this
state shall enroll in E-Verify and thereafter, according to the federal statutes and regulations
governing E-Verify, shall verify the employment eligibility of the employee through E-Verify.
A business entity or employer that uses E-Verify to verify the work authorization of an employee
shall not be deemed to have violated this section with respect to the employment of
that employee. (c) On a finding of a first violation by a court of competent jurisdiction
that a business entity or employer knowingly violated subsection (a), the court...
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26-2A-156
Section 26-2A-156 Claims against protected person; enforcement. (a) A conservator may
pay or secure from the estate claims against the estate or against the protected person arising
before or after the conservatorship upon their presentation and allowance in accordance with
the priorities stated in subsection (d). A claim may be presented by either of the following
methods: (1) The claimant may deliver or mail to the conservator a written statement of the
claim indicating its basis, the name and mailing address of the claimant, and the amount claimed;
or (2) The claimant may file a written statement of the claim, in the form prescribed by rules
of the court, with the clerk of court and deliver or mail a copy of the statement to the conservator.
(b) A claim is deemed presented on the first to occur of receipt of the written statement
of claim by the conservator or the filing of the claim with the court. A presented claim is
presumed to be disallowed if receipt of the claim is not...
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43-2-373
Section 43-2-373 Payment of claims barred by statute of limitations. No claim against
the estate of a decedent whether in favor of the personal representative or any other person,
which was barred by the statute of limitations at the time of the death of such decedent,
shall be paid by or allowed to the personal representative, unless the payment of such claim
be expressly directed by a testator in his will. (Code 1896, §128; Code 1907, §2599; Code
1923, §5824; Code 1940, T. 61, §220.)...
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10A-1-2.13
Section 10A-1-2.13 Power to make guaranties. (a) In this section, "guaranty"
means a mortgage, pledge, security agreement, or other agreement making the domestic entity
or its assets secondarily liable for another person's contract, security, or other obligation.
(b) Unless otherwise provided by its governing documents or this title, a domestic entity
may: (1) make a guaranty on behalf of a parent, subsidiary, or affiliate of the entity; or
(2) make a guaranty of the indebtedness of another person if the guaranty may reasonably be
expected directly or indirectly to benefit the entity. (c) For purposes of subsection (b)(2),
a decision by the governing authority of the domestic entity that a guaranty may reasonably
be expected to benefit the entity is conclusive and not subject to attack by any person, except:
(1) a guaranty may not be enforced by a person who participated in a fraud on the domestic
entity resulting in the making of the guaranty or by a person who had notice of that...
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6-2-41
Section 6-2-41 Limitations on claims to charge real estate with debts and obligations
of decedent. (a) The real estate of persons dying testate or intestate shall, as against the
rights of mortgagees or purchasers for value from the heirs or devisees, be forever discharged
from the payment of all legal and equitable debts and obligations unless the persons, including
minors and insane persons, owning such debts or benefited by said obligations shall within
the time allowed by law, but in no event more than two years from the death of the deceased,
file in the probate court of the county where said property is located a verified claim showing
the nature and amount of said debts and obligations. (b) Wherever there has been no executor
or administrator appointed, then the person owning said debt or benefited by said obligation
must, within three months after filing said claim, cause letters testamentary or of administration
to be issued and proceed to subject said land to said debts or...
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19-3B-505
Section 19-3B-505 Creditor's claim against settlor. (a) Whether or not the terms of
a trust contain a spendthrift provision, the following rules apply: (1) During the lifetime
of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors.
(2) With respect to an irrevocable trust, a creditor or assignee of the settlor may reach
the maximum amount that can be distributed to or for the settlor's benefit. If a trust has
more than one settlor, then the amount the creditor or assignee of a particular settlor may
reach may not exceed the settlor's interest in the portion of the trust attributable to that
settlor's contribution. (3) After the death of a settlor, and subject to the settlor's right
to direct the source from which liabilities will be paid, the property of a trust that was
revocable immediately prior to the settlor's death is subject to claims of the settlor's creditors,
costs of administration of the settlor's estate, the expenses of the...
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35-12-79
Section 35-12-79 Custody by state; recovery by holder; defense of holder. (a) In this
article, good faith means honesty in fact in the conduct or transaction concerned. (b) Upon
payment or delivery of property to the Treasurer, the state assumes custody and responsibility
for the safekeeping of the property. A holder who pays or delivers property to the Treasurer
in good faith is relieved of all liability arising thereafter with respect to the property.
The payment or delivery of property to the Treasurer shall operate as a full, absolute and
unconditional release and discharge of the holder from any and all claims or demands of or
liability to any person entitled thereto, or to any other claimant or state, and the payment
or delivery may be pleaded as an absolute bar to any action brought against the holder by
any other person entitled thereto, or by any other claimant or state. Once properly pleaded,
the holder shall immediately and thereafter be relieved of and held harmless from...
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10A-1-3.42
Section 10A-1-3.42 Form and validity of certificates; enforcement of entity's rights;
abbreviations. (a) A certificated ownership interest in a domestic entity may contain an impression
of the seal of the entity, if any. A facsimile of the entity's seal may be printed or lithographed
on the certificate. (b) If a domestic entity is authorized to issue ownership interests of
more than one class or series, each certificate representing ownership interests that is issued
by the entity must conspicuously state on the front or back of the certificate: (1) the designations,
preferences, limitations, and relative rights of the ownership interests of each class or
series to the extent they have been determined and the authority of the governing authority
to make those determinations as to subsequent classes or series; or (2) that the information
required by subsection (1) is stated in the domestic entity's governing documents and that
the domestic entity, on written request to the entity's...
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