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7-9A-331
Section 7-9A-331 Priority of rights of purchasers of instruments, documents, and securities
under other articles; priority of interests in financial assets and security entitlements
under Article 8. (a) Rights under Articles 3, 7, and 8 not limited. This article does not
limit the rights of a holder in due course of a negotiable instrument, a holder to which a
negotiable document of title has been duly negotiated, or a protected purchaser of a security.
These holders or purchasers take priority over an earlier security interest, even if perfected,
to the extent provided in Articles 3, 7, and 8. (b) Protection under Article 8. This article
does not limit the rights of or impose liability on a person to the extent that the person
is protected against the assertion of a claim under Article 8. (c) Filing not notice. Filing
under this article does not constitute notice of a claim or defense to the holders, or purchasers,
or persons described in subsections (a) and (b). (Act 2001-481, p....
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10A-5A-2.05
Section 10A-5A-2.05 Execution of documents - Unsigned documents. (a) If a person required by
this chapter to sign a writing or deliver a writing to a filing officer for filing under this
chapter does not do so, any other person that is aggrieved by that failure may petition the
designated court, and if none, the circuit court for the county in which the limited liability
company's principal office within this state is located, and if the limited liability company
does not have a principal office within this state then the circuit court for the county in
which the limited liability company's most recent registered office is located, to order:
(1) the person to sign the writing; (2) the person to deliver the writing to the filing officer
for filing; or (3) the filing officer to file the writing unsigned. (b) If a petitioner under
subsection (a) is not the limited liability company or foreign limited liability company to
whom the writing pertains, the petitioner shall make the limited...
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10A-9A-6.05
Section 10A-9A-6.05 Effect of dissociation as general partner. (a) Upon a person's dissociation
as a general partner: (1) the person's right to participate as a general partner in the management
and conduct of the partnership's activities and affairs terminates; (2) the person's duty
to refrain from competing with the limited partnership in the conduct or winding up of the
limited partnership's activities and affairs terminates; (3) the person's following duties
continue only with regard to matters arising and events occurring before the person's dissociation
as a general partner: (A) the duty to account to the limited partnership and hold as trustee
for it any property, profit, or benefit derived by the general partner in the conduct and
winding up of the limited partnership's activities and affairs or derived from a use by the
general partner of limited partnership property, including the appropriation of a limited
partnership opportunity; (B) the duty to refrain from dealing with...
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32-7-22
Section 32-7-22 Motor vehicle liability policy defined; policy provisions. (a) A motor vehicle
liability policy, as the term is used in this chapter, means an owner's or an operator's policy
of liability insurance, certified as provided in Section 32-7-20 or Section 32-7-21 as proof
of financial responsibility, and issued, except as otherwise provided in Section 32-7-21,
by an insurance carrier duly authorized to transact business in this state, to or for the
benefit of the person named in the policy as insured. (b) The owner's policy of liability
insurance: (1) Shall designate by explicit description or by appropriate reference all motor
vehicles to be insured; and (2) Shall insure the person named in the policy and any other
person, as insured, using any motor vehicle or motor vehicles designated in the policy with
the express or implied permission of the named insured, against loss from the liability imposed
by law for damages arising out of the ownership, maintenance, or use of...
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11-30-1
Section 11-30-1 Definitions. For the purpose of this chapter the following terms shall have
the meanings subscribed to them by this section: (1) LIABILITY SELF-INSURANCE FUND. An entity
or entities, to be formed by two or more counties of Alabama for the purpose of pooling resources
and funds to self-insure such counties and/or their officers and employees acting in the line
and scope of their employment against: a. Loss for money damages which any person or other
entity is legally entitled to recover from a member county or its officers and employees for
damages suffered as a result of a claim as defined under this chapter. b. Damage to or loss
of property owned or leased by a member county. (2) MEMBER COUNTY. A county which elects to
pool its resources and funds with one or more other counties for the purpose of forming a
liability self-insurance fund. (3) CLAIM. Any claim or suit filed against a member county
for money damages which any person or other entity is legally entitled to...
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7-3-308
Section 7-3-308 Proof of signatures and status as holder in due course. (a) In an action with
respect to an instrument, the authenticity of, and authority to make, each signature on the
instrument is admitted unless specifically denied in the pleadings. If the validity of a signature
is denied in the pleadings, the burden of establishing validity is on the person claiming
validity, but the signature is presumed to be authentic and authorized unless the action is
to enforce the liability of the purported signer and the signer is dead or incompetent at
the time of trial of the issue of validity of the signature. If an action to enforce the instrument
is brought against a person as the undisclosed principal of a person who signed the instrument
as a party to the instrument, the plaintiff has the burden of establishing that the defendant
is liable on the instrument as a represented person under Section 7-3-402(a). (b) If the validity
of signatures is admitted or proved and there is...
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6-5-482
Section 6-5-482 Limitation on time for commencement of action. (a) All actions against physicians,
surgeons, dentists, medical institutions, or other health care providers for liability, error,
mistake, or failure to cure, whether based on contract or tort, must be commenced within two
years next after the act, or omission, or failure giving rise to the claim, and not afterwards;
provided, that if the cause of action is not discovered and could not reasonably have been
discovered within such period, then the action may be commenced within six months from the
date of such discovery or the date of discovery of facts which would reasonably lead to such
discovery, whichever is earlier; provided further, that in no event may the action be commenced
more than four years after such act; except, that an error, mistake, act, omission, or failure
to cure giving rise to a claim which occurred before September 23, 1975, shall not in any
event be barred until the expiration of one year from such...
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40-29-73
Section 40-29-73 Failure to collect and pay over tax, or attempt to evade or defeat tax. (a)
General rule. Any person required to collect, truthfully account for, and/or pay over any
tax imposed by Sections 40-17-2, 40-17-220, 40-18-71, 40-21-82, 40-23-2, 40-23-61, 40-26-1
and any other local sales, use, and gross receipts taxes collected by the state Department
of Revenue who willfully fails to collect such tax, or truthfully account for, and/or pay
over such tax, or willfully attempts in any manner to evade or defeat any such tax or the
payment thereof, shall, in addition to other penalties provided by law, be liable for a penalty
up to the total amount of the tax evaded, or not collected, or not accounted for and paid
over. (b) Extension of period of collection where bond is filed. (1) IN GENERAL. If, within
30 days after the day on which notice and demand of any penalty under subsection (a) is made
against any person, such person: a. Pays an amount which is not less than the...
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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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27-42-11
Section 27-42-11 Settlement and payment of claims; recovery. (a) Any person recovering under
this chapter shall be deemed to have assigned his or her rights under the policy to the association
to the extent of his or her recovery from the association. Every insured or claimant seeking
the protection of this chapter shall cooperate with the association to the same extent as
such person would have been required to cooperate with the insolvent insurer. The association
shall have no cause of action against the insured of the insolvent insurer for any sums it
has paid out except for those causes of action the insolvent insurer would have had if such
sums had been paid by the insolvent insurer and except as provided in subsections (d), (e),
(f), (g), and (h) below. In the case of an insolvent insurer operating on a plan with assessment
liability, payments of claims of the association may not operate to reduce the liability of
insureds to the receiver, liquidator, or statutory successor for...
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