Code of Alabama

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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
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22-6-6
Section 22-6-6 Subrogation of state to rights of recipients of medical assistance under program
against persons, etc., causing injury, etc., thereto; manner of enforcement of rights of state;
effect of action by state or recipient against person, etc., causing injury, etc., upon rights
of other; provision of written notice, etc., by recipients instituting civil actions for damages.
(a) If medical assistance is provided to a recipient under the Alabama Medicaid Program for
injuries, disease or sickness caused under circumstances creating a cause of action in favor
of the recipient against any person, firm or corporation, then the State of Alabama shall
be subrogated to such recipient's rights and shall be entitled to recover the proceeds that
may result from the exercise of any rights of recovery which the recipient may have against
any such person, firm or corporation to the extent of the actual amount of the medical assistance
payments made by the Alabama Medicaid Program. The...
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27-32-31
Section 27-32-31 Claims upon liquidation of insurer - Time to file. (a) If, upon the granting
of an order of liquidation under this chapter or at any time thereafter during the liquidation
proceedings, the insurer shall not be clearly solvent, the court shall, after such notice
and hearing as it deems proper, make an order declaring the insurer to be insolvent. Thereupon,
regardless of any prior notice which may have been given to creditors, the commissioner shall
notify all persons who may have claims against the insurer and who have not filed proper proofs
thereof to present the same to him at a place specified in such notice, within four months
from the date of entry of such order or, if the commissioner certifies that it is necessary,
within such longer time as the court shall prescribe. The last day for filing of proofs of
claims shall be specified in the notice, and notice shall be given in a manner to be determined
by the court. (b) Proofs of claim may be filed subsequent to the...
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10A-2-14.21
Section 10A-2-14.21 Procedure for and effect of administrative dissolution. REPEALED IN THE
2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT
CODE SUPPLEMENT. (a) If the Secretary of State determines that one or more grounds exist under
Section 10A-2-14.20 for dissolving a corporation, he or she shall serve the corporation with
written notice of his or her determination under Section 10A-1-5.31(b), 10A-1-5.35, or 10A-1-5.36.
(b) If the corporation does not correct each ground for dissolution or demonstrate to the
reasonable satisfaction of the Secretary of State that each ground determined by the Secretary
of State does not exist within 60 days after service of the notice is perfected under Section
10A-1-5.31(b), 10A-1-5.35, or 10A-1-5.36, the Secretary of State shall administratively dissolve
the corporation by signing a certificate of dissolution that recites the ground or grounds
for dissolution and its effective date. The Secretary of State...
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10A-2A-13.23
Section 10A-2A-13.23 Perfection of rights; right to withdraw. (a) A stockholder who receives
notice pursuant to Section 10A-2A-13.22 and who wishes to exercise appraisal rights shall
sign and return the form sent by the corporation and, in the case of certificated stock, deposit
the stockholder's certificates in accordance with the terms of the notice by the date referred
to in the notice pursuant to Section 10A-2A-13.22(b)(2)(ii). In addition, if applicable, the
stockholder shall certify on the form whether the beneficial owner of the stock acquired beneficial
ownership of the stock before the date required to be set forth in the notice pursuant to
Section 10A-2A-13.22(b)(1)(i). If a stockholder fails to make this certification, the corporation
may elect to treat the stockholder's stock as after-acquired stock under Section 10A-2A-13.25.
Once a stockholder deposits the certificates or, in the case of uncertificated stock, returns
the signed forms, that stockholder loses all rights as...
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10A-2A-8.32
Section 10A-2A-8.32 Directors' liability for unlawful distributions. (a) A director who votes
for or assents to a distribution in excess of what may be authorized and made pursuant to
Section 10A-2A-6.40(a) or Section 10A-2A-14.08(a) is personally liable to the corporation
for the amount of the distribution that exceeds what could have been distributed without violating
Section 10A-2A-6.40(a) or Section 10A-2A-14.08(a) if the party asserting liability establishes
that when taking the action the director did not comply with Section 10A-2A-8.30. (b) A director
held liable under subsection (a) for an unlawful distribution is entitled to: (1) contribution
from every other director who could be held liable under subsection (a) for the unlawful distribution;
and (2) recoupment from each stockholder of the pro-rata portion of the amount of the unlawful
distribution the stockholder accepted, knowing the distribution was made in violation of Section
10A-2A-6.40(a) or Section 10A-2A-14.08(a)....
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11-81-246
Section 11-81-246 Assessment lien; enforcement. (a) An assessment under this article and any
interest or penalties on the assessment: (1) Is a lien against the real property on which
the assessment is imposed from the date on which the notice of contractual assessment is recorded.
(2) Subject to the requirement in Section 11-81-245(a)(1) to obtain and record in the proper
recording office an executed consent and subordination agreement from existing mortgagees
and other lienholders, has the same priority status as a lien for any other ad valorem or
non-ad valorem tax. (3) Is a lien that runs with the real property, and the portion of the
assessment under the assessment contract that has not yet become due is not eliminated by
foreclosure of a property tax lien. (b) The assessment lien may be enforced by the local government
in the same manner that an ad valorem or non-ad valorem tax lien against real property may
be enforced by the local government with all redemption rights provided...
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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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7-9A-403
Section 7-9A-403 Agreement not to assert defenses against assignee. (a) "Value."
In this section, "value" has the meaning provided in Section 7-3-303(a). (b) Agreement
not to assert claim or defense. Except as otherwise provided in this section, an agreement
between an account debtor and an assignor not to assert against an assignee any claim or defense
that the account debtor may have against the assignor is enforceable by an assignee that takes
an assignment: (1) for value; (2) in good faith; (3) without notice of a claim of a property
or possessory right to the property assigned; and (4) without notice of a defense or claim
in recoupment of the type that may be asserted against a person entitled to enforce a negotiable
instrument under Section 7-3-305(a). (c) When subsection (b) not applicable. Subsection (b)
does not apply to defenses of a type that may be asserted against a holder in due course of
a negotiable instrument under Section 7-3-305(b). (d) Omission of required statement...
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10A-2-6.40
Section 10A-2-6.40 Distributions to shareholders. REPEALED IN THE 2019 REGULAR SESSION BY ACT
2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) A board
of directors may authorize and the corporation may make distributions subject to restriction
by the articles of incorporation and the limitation in subsection (c). (b) If the board of
directors does not fix the record date for determining shareholders entitled to a distribution
other than one involving a repurchase or reacquisition of shares, it is the date the board
of directors authorizes the distribution. (c) No distribution may be made if, after giving
it effect: (1) The corporation would not be able to pay its debts as they become due in the
usual course of business; or (2) The corporation's total assets would be less than the sum
of its total liabilities plus, unless the articles of incorporation permit otherwise, the
amount that would be needed, if the corporation were to be dissolved at the time...
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