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10A-8A-1.02
Section 10A-8A-1.02 Definitions. Notwithstanding Section 10A-1-1.03, as used
in this chapter, unless the context otherwise requires, the following terms mean: (1) "Business"
includes every trade, occupation, and profession for profit. (2) "Disqualified person"
means any person who is not a qualified person. (3) "Distribution" except as otherwise
provided in Section 10A-8A-4.09(f), means a transfer of money or other property from
a partnership to another person on account of a transferable interest. (4) "Foreign limited
liability partnership" means a foreign partnership whose partners have limited liability
for the debts, obligations, or other liabilities of the foreign partnership under a provision
similar to Section 10A-8A-3.06(c). (5) "Foreign partnership" means a partnership
governed by the laws of a jurisdiction other than this state which would be a partnership
if governed by the laws of this state. The term includes a foreign limited liability partnership.
(6) "Limited liability...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-8A-1.02.htm - 4K - Match Info - Similar pages
10A-8A-8.01
Section 10A-8A-8.01 Events of dissolution. A partnership is dissolved, and its business
or not for profit activity must be wound up, upon the occurrence of the first of the following
events: (1) in a partnership at will, the partnership knows or has notice of a person's express
will to dissociate as a partner, other than a partner that has dissociated under Section
10A-8A-6.01(2) through (10), but, if the person has specified a dissociation date later than
the date the partnership knew or had notice, on the later date; (2) in a partnership for a
definite term or particular undertaking: (i) within 90 days after a partner's dissociation
by death or otherwise under Section 10A-8A-6.01(6) through (10), or a partner's wrongful
dissociation under Section 10A-8A-6.02(b), at least half of the remaining partners
affirmatively consent to dissolve the partnership and wind up the partnership business or
not for profit activity, for which purpose a partner's rightful dissociation pursuant to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-8A-8.01.htm - 3K - Match Info - Similar pages
10A-8A-8.09
Section 10A-8A-8.09 Disposition of assets, when contributions required. Notwithstanding
Section 10A-1-9.12, upon the winding up of a partnership, the assets of the partnership,
including any obligation under Sections 10A-8A-4.03, 10A-8A-4.04, and 10A-8A-4.09, and any
contribution required by this section, shall be applied as follows: (a) Payment, or
adequate provision for payment, shall be made to creditors, including, to the extent permitted
by law, partners who are creditors, in satisfaction of liabilities of the partnership. (b)
After a partnership complies with subsection (a), any surplus must be distributed: (1) first,
to each person owning a transferable interest that reflects contributions made on account
of the transferable interest and not previously returned, an amount equal to the value of
the person's unreturned contributions; and (2) then to each person owning a transferable interest
in the proportions in which the owners of transferable interests share in distributions...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-8A-8.09.htm - 3K - Match Info - Similar pages
10A-9A-8.09
Section 10A-9A-8.09 Disposition of assets, when contributions required. Notwithstanding
Section 10A-1-9.12, upon the winding up of a limited partnership, the assets of the
limited partnership, including any obligation under Article 5 of this chapter, and any contribution
required by this section, shall be applied as follows: (a) Payment, or adequate provision
for payment, shall be made to creditors, including, to the extent permitted by law, partners
who are creditors, in satisfaction of liabilities of the limited partnership. (b) After a
limited partnership complies with subsection (a), any surplus must be distributed: (1) first,
to each person owning a transferable interest that reflects contributions made on account
of the transferable interest and not previously returned, an amount equal to the value of
the person's unreturned contributions; and (2) then to each person owning a transferable interest
in the proportions in which the owners of transferable interests share in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-8.09.htm - 3K - 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
10A-8A-1.08
Section 10A-8A-1.08 Effect of partnership agreement; nonwaivable provisions. (a) Except
as otherwise provided in subsections (b) and (c): (1) the partnership agreement governs relations
among the partners as partners and between the partners and the partnership; and (2) to the
extent the partnership agreement does not otherwise provide for a matter described in subsection
(a)(1), this chapter governs the matter. (b)(1) To the extent that, at law or in equity, a
partner or other person has duties, including fiduciary duties, to a partnership or to another
partner or to another person that is a party to or is otherwise bound by a partnership agreement,
the partner's or other person's duties may be expanded or restricted or eliminated by provisions
in a written partnership agreement, but the implied contractual covenant of good faith and
fair dealing may not be eliminated. (2) A written partnership agreement may provide for the
limitation or elimination of any and all liabilities for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-8A-1.08.htm - 5K - Match Info - Similar pages
10A-9A-1.08
Section 10A-9A-1.08 Effect of partnership agreement; nonwaivable provisions. (a) Except
as otherwise provided in subsections (b) and (c): (1) the partnership agreement governs relations
among the partners as partners and between the partners and the partnership; and (2) to the
extent the partnership agreement does not otherwise provide for a matter described in subsection
(a)(1), this chapter governs the matter. (b)(1) To the extent that, at law or in equity, a
partner or other person has duties, including fiduciary duties, to a limited partnership or
to another partner or to another person that is a party to or is otherwise bound by a partnership
agreement, the partner's or other person's duties may be expanded or restricted or eliminated
by provisions in a written partnership agreement, but the implied contractual covenant of
good faith and fair dealing may not be eliminated. (2) A written partnership agreement may
provide for the limitation or elimination of any and all liabilities...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-1.08.htm - 5K - Match Info - Similar pages
40-14B-1
Section 40-14B-1 Definitions. As used in this chapter, the following terms shall have
the following meanings: (1) AFFILIATE. An affiliate of another person shall include any of
the following: a. A person who directly or indirectly either: 1. Beneficially owns 15 percent
or more of the outstanding voting securities or other voting ownership interests of the other
person, whether through rights, options, convertible interests, or otherwise; or 2. Controls
or holds power to vote 15 percent or more of the outstanding voting securities or other voting
ownership interests of the other person. b. A person owning 15 percent or more of the outstanding
voting securities or other voting ownership interests of which are directly or indirectly
either: 1. Beneficially owned by the other person, whether through rights, options, convertible
interests, or otherwise; or 2. Controlled or held with power to vote by the other person.
c. A partnership or limited liability company in which the other person...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-14B-1.htm - 7K - Match Info - Similar pages
36-25-1
Section 36-25-1 Definitions. Whenever used in this chapter, the following words and
terms shall have the following meanings: (1) BUSINESS. Any corporation, partnership, proprietorship,
firm, enterprise, franchise, association, organization, self-employed individual, or any other
legal entity. (2) BUSINESS WITH WHICH THE PERSON IS ASSOCIATED. Any business of which the
person or a member of his or her family is an officer, owner, partner, board of director member,
employee, or holder of more than five percent of the fair market value of the business. (3)
CANDIDATE. This term as used in this chapter shall have the same meaning ascribed to it in
Section 17-5-2. (4) COMMISSION. The State Ethics Commission. (5) COMPLAINT. Written
allegation or allegations that a violation of this chapter has occurred. (6) COMPLAINANT.
A person who alleges a violation or violations of this chapter by filing a complaint against
a respondent. (7) CONFIDENTIAL INFORMATION. A complaint filed pursuant to this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-25-1.htm - 21K - Match Info - Similar pages
8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-4.htm - 34K - Match Info - Similar pages
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