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35-11-46
Section 35-11-46 Duties of filing officer. (a) If a notice of a federal lien, a refiling of
a notice of federal lien, or a notice of revocation of any certificate described in subsection
(b) is presented for filing, the filing officer shall cause the notice to be marked, held,
and indexed in accordance with the provisions of Section 7-9A-519 of the Uniform Commercial
Code, as if the notice were a financing statement within the meaning of that Code, and if
the filing officer is the judge of probate, the filing officer also shall cause the notice
to be cross-indexed in the real estate mortgage records under the name of the person against
whose interest the lien applies in the same fashion as if such person were the mortgagor in
a mortgage of real estate and also under the name of the person claiming the lien as if such
person were the mortgagee thereunder. (b) If a certificate of release, nonattachment, discharge,
or subordination of any lien is presented to the filing officer for...
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41-9-62
Section 41-9-62 Claims within jurisdiction of board generally; employees of municipalities,
counties, etc., not within jurisdiction of board, etc. (a) The Board of Adjustment shall have
the power and jurisdiction and it shall be its duty to hear and consider: (1) All claims for
damages to the person or property growing out of any injury done to either the person or property
by the State of Alabama or any of its agencies, commissions, boards, institutions or departments,
with the exception of claims by employees of the state for personal injury or death arising
out of the course of employment with the State of Alabama, where such employees are covered
by an employee injury compensation program; (2) All claims for personal injuries to or the
death of any convict, and all claims for personal injuries to or the death of any employee
of a city or county board of education, or college or university, arising out of the course
of the employee's employment and where the employee is not covered...
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5-25-4
Section 5-25-4 License to transact business as a mortgage broker. (a) On and after January
1, 2002, no person shall transact business in this state directly or indirectly as a mortgage
broker unless he or she is licensed as a mortgage broker by the department, or is a person
exempted from the licensing requirements pursuant to Section 5-25-3. (b) A licensee shall
obtain a license for each location where the business of the mortgage broker is transacted.
(c) On or after January 1, 2002, every person who directly or indirectly controls a person
who violates subsection (a), including a general partner, executive officer, joint venturer,
or director of the person, violates subsection (a) with and to the same extent as the person,
unless the person whose violation arises under this subsection sustains the burden of proof
that he or she did not know and, in the exercise of reasonable care, could not have known
of the existence of the facts by reason of which the original violation is alleged...
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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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7-2-607
Section 7-2-607 Effect of acceptance; notice of breach; burden of establishing breach after
acceptance; notice of claim or litigation to person answerable over. (1) The buyer must pay
at the contract rate for any goods accepted. (2) Acceptance of goods by the buyer precludes
rejection of the goods accepted and if made with knowledge of a nonconformity cannot be revoked
because of it unless the acceptance was on the reasonable assumption that the nonconformity
would be seasonably cured, but acceptance does not of itself impair any other remedy provided
by this article for nonconformity. (3) Where a tender has been accepted: (a) The buyer must
within a reasonable time after he discovers or should have discovered any breach notify the
seller of breach or be barred from any remedy; and (b) If the claim is one for infringement
or the like (subsection (3) of Section 7-2-312) and the buyer is sued as a result of such
a breach, he must so notify the seller within a reasonable time after he...
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7-2A-516
Section 7-2A-516 Effect of acceptance of goods; notice of default; burden of establishing default
after acceptance; notice of claim or litigation to person answerable over. (1) A lessee must
pay rent for any goods accepted in accordance with the lease contract, with due allowance
for goods rightfully rejected or not delivered. (2) A lessee's acceptance of goods precludes
rejection of the goods accepted. In the case of a finance lease, other than a consumer lease
in which the supplier assisted in the preparation of the lease contract or participated in
negotiating the terms of the lease contract with the lessor, if made with knowledge of a nonconformity,
acceptance cannot be revoked because of it. In any other case, if made with knowledge of a
nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the
reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not
of itself impair any other remedy provided by this article or...
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7-8-510
Section 7-8-510 Rights of purchaser of security entitlement from entitlement holder. (a) In
a case not covered by the priority rules in Article 9A or the rules stated in subsection (c),
an action based on an adverse claim to a financial asset or security entitlement, whether
framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not
be asserted against a person who purchases a security entitlement, or an interest therein,
from an entitlement holder if the purchaser gives value, does not have notice of the adverse
claim, and obtains control. (b) If an adverse claim could not have been asserted against an
entitlement holder under Section 7-8-502, the adverse claim cannot be asserted against a person
who purchases a security entitlement, or an interest therein, from the entitlement holder.
(c) In a case not covered by the priority rules in Article 9A, a purchaser for value of a
security entitlement, or an interest therein, who obtains control has priority...
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10A-30-2.12
Section 10A-30-2.12 Shareholders' option to dissolve corporation; applicable to corporations
formed as close corporations or electing close corporation status prior to January 1, 1995.
(a) The certificate of formation of any close corporation may include a provision granting
to any shareholder, or to the holders of any specified number or percentage of shares of any
class of shares, an option to have the corporation dissolved at will or upon the occurrence
of any specified event or contingency. Whenever any such option to dissolve is exercised,
the shareholders exercising the option shall give written notice thereof to all other shareholders.
After the expiration of 30 days following the sending of the notice, the dissolution of the
corporation shall proceed as if the required number of shareholders having voting power had
consented in writing to dissolution of the corporation as provided by the Alabama Business
Corporation Law. (b) If the certificate of formation as originally filed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-30-2.12.htm - 2K - Match Info - Similar pages
32-7-34
Section 32-7-34 Self-insurers. (a) Any person in whose name more than 25 motor vehicles are
registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued
by the director as provided in subsection (b) of this section. (b) The director may, in his
or her discretion, upon the application of such a person, issue a certificate of self-insurance
when he or she is satisfied that such person is possessed and will continue to be possessed
of ability to pay judgments obtained against such person. (c) Upon not less than five days'
notice and a hearing pursuant to such notice, the director may upon reasonable grounds cancel
a certificate of self-insurance. Failure to pay any judgment within 30 days after such judgment
shall have become final shall constitute a reasonable ground for the cancellation of a certificate
of self-insurance. (Acts 1951, No. 704, p. 1224, ยง34.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-7-34.htm - 1K - Match Info - Similar pages
5-19-29
Section 5-19-29 Injunctions. (a) The administrator may bring an action to restrain a creditor
or a person acting in his behalf from engaging in any business subject to licensing under
subsection (a) of Section 5-19-22 without first obtaining a license therefor as provided in
Section 5-19-22 and a licensee or any person acting in his behalf from engaging in violations
of this chapter or engaging in a course of fraudulent or unconscionable conduct in inducing
debtors to enter credit transactions or in the collection of debts. (b) With respect to an
action brought to enjoin violations of the chapter or fraudulent or unconscionable conduct,
the administrator may apply to the court for appropriate temporary relief against a defendant,
pending final determination of the proceedings. If the court finds, after a hearing held upon
notice to the defendant, that there is reasonable cause to believe that the defendant is engaging
in or is likely to engage in conduct which violates this chapter or...
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