|
10A-5A-5.03
Section 10A-5A-5.03 Charging order. (a) On application to a court of competent jurisdiction
by any judgment creditor of a member or transferee, the court may charge the transferable
interest of the judgment debtor with payment of the unsatisfied amount of the judgment with
interest. To the extent so charged and after the limited liability company has been served
with the charging order, the judgment creditor has only the right to receive any distribution
or distributions to which the judgment debtor would otherwise be entitled in respect of the
transferable interest. (b) A limited liability company, after being served with a charging
order and its terms, shall be entitled to pay or deposit any distribution or distributions
to which the judgment debtor would otherwise be entitled in respect of the charged transferable
interest into the hands of the clerk of the court so issuing the charging order, and the payment
or deposit shall discharge the limited liability company and the judgment...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-5A-5.03.htm - 3K - Match Info - Similar pages
10A-8A-5.03
Section 10A-8A-5.03 Rights of creditor of partner or transferee. (a) On application
to a court of competent jurisdiction by any judgment creditor of a partner or transferee,
the court may charge the transferable interest of the judgment debtor with payment of the
unsatisfied amount of the judgment with interest. To the extent so charged and after the partnership
has been served with the charging order, the judgment creditor has only the right to receive
any distribution or distributions to which the judgment debtor would otherwise be entitled
in respect of the transferable interest. (b) The partnership, after being served with a charging
order and its terms, shall be entitled to pay or deposit any distribution or distributions
to which the judgment debtor would otherwise be entitled in respect of the charged transferable
interest into the hands of the clerk of the court so issuing the charging order, and the payment
or deposit shall discharge the partnership and the judgment debtor...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-8A-5.03.htm - 3K - Match Info - Similar pages
10A-9A-7.03
Section 10A-9A-7.03 Rights of creditor of partner or transferee. (a) On application
to a court of competent jurisdiction by any judgment creditor of a partner or transferee,
the court may charge the transferable interest of the judgment debtor with payment of the
unsatisfied amount of the judgment with interest. To the extent so charged and after the limited
partnership has been served with the charging order, the judgment creditor has only the right
to receive any distribution or distributions to which the judgment debtor would otherwise
be entitled in respect of the transferable interest. (b) The limited partnership, after being
served with a charging order and its terms, shall be entitled to pay or deposit any distribution
or distributions to which the judgment debtor would otherwise be entitled in respect of the
charged transferable interest into the hands of the clerk of the court so issuing the charging
order, and the payment or deposit shall discharge the limited partnership and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-7.03.htm - 3K - Match Info - Similar pages
10A-5-6.05
Section 10A-5-6.05 Member's financial rights subject to charging order. REPEALED IN
THE 2014 REGULAR SESSION BY ACT 2014-144 EFFECTIVE JANUARY 1, 2017. (a) On application to
a court of competent jurisdiction by any judgment creditor of a member or assignee, the court
may charge the interest of the member or assignee with payment of the unsatisfied amount of
the judgment with interest. To the extent so charged, the judgment creditor has only the rights
of an assignee of financial rights. This section shall be the sole and exclusive remedy
of a judgment creditor with respect to the judgment debtor's membership interest. (b) This
chapter does not deprive any member of the benefit of any exemption laws applicable to the
member's limited liability company interest. (Acts 1993, No. 93-724, p. 1425, §35; Act 97-920,
1st Ex. Sess., p. 312, §1; §10-12-35; amended and renumbered by Act 2009-513, p. 967, §234.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-5-6.05.htm - 1K - Match Info - Similar pages
27-14-32
Section 27-14-32 Exemption from debt of proceeds - Annuity contracts. (a) The benefits,
rights, privileges, and options which under any annuity contract, heretofore or hereafter
issued, are due or prospectively due the annuitant shall not be subject to execution, nor
shall the annuitant be compelled to exercise any such rights, powers, or options, nor shall
creditors be allowed to interfere with or terminate the contract, except: (1) As to amounts
paid for or as premium on any such annuity with intent to defraud creditors, with interest
thereon, and of which the creditor has given the insurer written notice at its home office
prior to the making of the payments to the annuitant out of which the creditor seeks to recover.
Any such notice shall specify the amount claimed, or such facts as will enable the insurer
to ascertain such amount, and shall set forth such facts as will enable the insurer to ascertain
the insurance or annuity contract, the person insured or annuitant and the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-14-32.htm - 2K - Match Info - Similar pages
10A-5A-8.02
Section 10A-5A-8.02 Death or disqualification of member. (a) In the case of a limited
liability company performing professional services, upon the death of a member, upon a member
becoming a disqualified person, or upon a transferable interest being transferred by operation
of law or court decree to a disqualified person, the transferable interest of the deceased
member or of the disqualified person may be transferred to a qualified person and, if not
so transferred, subject to Section 10A-5A-4.06, shall be purchased by the limited liability
company as provided in this section. (b) If the price of the transferable interest
is not fixed by the limited liability company agreement, the limited liability company, within
six months after the death or 30 days after the disqualification or transfer, as the case
may be, shall make a written offer to pay to the holder of the transferable interest a specified
price deemed by the limited liability company to be the fair value of the transferable...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-5A-8.02.htm - 7K - Match Info - Similar pages
8-9A-1
Section 8-9A-1 Definitions. As used in this chapter: (1) AFFILIATE. a. A person who
directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of
the outstanding voting securities of the debtor, other than a person who holds the securities,
1. As a fiduciary or agent without sole discretionary power to vote the securities; or 2.
Solely to secure a debt, if the person has not exercised the power to vote; b. A corporation
20 percent or more of whose outstanding voting securities are directly or indirectly owned,
controlled, or held with power to vote, by the debtor or a person who directly or indirectly
owns, controls, or holds, with power to vote, 20 percent or more of the outstanding voting
securities of the debtor, other than a person who holds the securities, 1. As a fiduciary
or agent without sole power to vote the securities; or 2. Solely to secure a debt, if the
person has not in fact exercised the power to vote; c. A person whose business is operated...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-9A-1.htm - 5K - Match Info - Similar pages
8-9B-2
Section 8-9B-2 Definitions. As used in this chapter: (1) "Affiliate" means:
(i) a person that directly or indirectly owns, controls, or holds with power to vote, 20 percent
or more of the outstanding voting securities of the debtor, other than a person that holds
the securities: (A) as a fiduciary or agent without sole discretionary power to vote the securities;
or (B) solely to secure a debt, if the person has not in fact exercised the power to vote;
(ii) a corporation 20 percent or more of whose outstanding voting securities are directly
or indirectly owned, controlled, or held, with power to vote, by the debtor or a person that
directly or indirectly owns, controls, or holds, with power to vote, 20 percent or more of
the outstanding voting securities of the debtor, other than a person that holds the securities:
(A) as a fiduciary or agent without sole discretionary power to vote the securities; or (B)
solely to secure a debt, if the person has not in fact exercised the power to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-9B-2.htm - 6K - Match Info - Similar pages
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;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-31.htm - 10K - Match Info - Similar pages
27-44-8
Section 27-44-8 Powers and duties of association. (a) If a member insurer is an impaired
insurer, the association may, in its discretion and subject to any conditions imposed by the
association that do not impair the contractual obligations of the impaired insurer, and that
are approved by the commissioner: (1) Guarantee or reinsure, or cause to be guaranteed, assumed,
or reinsured, any or all of the covered policies of the impaired insurers. (2) Provide such
moneys, pledges, notes, guarantees, or other means as are proper to effectuate subdivision
(1), and assure payment of the contractual obligations of the impaired insurer pending action
under subdivision (1). (b) If a member insurer is an insolvent insurer, the association shall,
in its discretion and subject to the approval of the commissioner, do either of the following:
(1)a. Guarantee, assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, the
covered policies of the insolvent insurer. b. Assure payment of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-44-8.htm - 24K - Match Info - Similar pages
|