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34-14A-2
Section 34-14A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ADVISORY COUNCIL.
The Alabama Construction Trade Advisory Council. (2) BOARD. The Home Builders Licensure Board.
(3) COST OF THE UNDERTAKING. The total cost of the materials, labor, supervision, overhead,
and profit. (4) HOMEOWNER. A person who owns and resides in or intends to reside in a structure
constructed or remodeled by a licensee of the board, or who contracts with a licensee for
the purchase, construction, repair, improvement, or reimprovement of a structure to be used
as a residence. (5) IMPROVEMENT. Any site-built addition or enhancement attached to or detached
from a residence or structure for use and enjoyment by the homeowner. (6) INACTIVE LICENSE.
A license issued at the request of a licensee, or a building official or a building inspector,
that is renewable, but that is not currently valid. (7)...
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10A-9A-10.09
Section 10A-9A-10.09 Effect of merger. THIS SECTION WAS AMENDED BY ACT 2019-94 IN THE 2019
REGULAR SESSION, EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
When a merger becomes effective: (1) the surviving organization continues or, in the case
of a surviving organization created pursuant to the merger, comes into existence; (2) each
constituent organization that merges into the surviving organization ceases to exist as a
separate entity; (3) except as provided in the plan of merger all property owned by, and every
contract right possessed by, each constituent organization that ceases to exist vests in the
surviving organization without transfer, reversion, or impairment and the title to any property
and contract rights vested by deed or otherwise in the surviving organization shall not revert,
be in any way impaired, or be deemed to be a transfer by reason of the merger; (4) all debts,
obligations, and other liabilities of each constituent organization,...
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10A-9A-2.01
Section 10A-9A-2.01 Formation of limited partnership; certificate of formation. (a) In order
to form a limited partnership, a person must deliver a certificate of formation for filing
to the Secretary of State. Notwithstanding Section 10A-1-3.05, the certificate of formation
shall set forth: (1) the name of the limited partnership, which must comply with Article 5
of Chapter 1; (2) the address of the registered office required by Article 5 of Chapter 1;
(3) the name of the registered agent at the registered office as required by Article 5 of
Chapter 1; (4) the name and the street and mailing address of each general partner; (5) whether
the limited partnership is a limited liability limited partnership; (6) any additional information
required by Article 8 of Chapter 1 or by Article 10 of this chapter; and (7) any other matters
the partners determine to include therein which comply with Section 10A-9A-1.08. (b) A limited
partnership is formed when the certificate of formation becomes...
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10A-8A-8.07
Section 10A-8A-8.07 Other claims against dissolved partnership. Notwithstanding Sections 10A-1-9.01
and 10A-1-9.22: (a) A dissolved partnership may publish notice of its dissolution and request
that persons with claims against the dissolved partnership present them in accordance with
the notice. (b) The notice authorized by subsection (a) must: (1) be published at least one
time in a newspaper of general circulation in the county in which the dissolved partnership's
principal office in this state is located, and if none, was last located; (2) describe the
information that must be included in a claim and provide a mailing address to which the claim
is to be sent; (3) state that if not sooner barred, a claim against the dissolved partnership
will be barred unless a proceeding to enforce the claim is commenced within two years after
the publication of the notice; and (4) unless the partnership has been throughout its existence
a limited liability partnership, state that the barring of a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-8A-8.07.htm - 5K - Match Info - Similar pages
10A-9A-8.06
Section 10A-9A-8.06 Known claims against dissolved limited partnership. Notwithstanding Sections
10A-1-9.01 and 10A-1-9.21: (a) A dissolved limited partnership may dispose of any known claims
against it by following the procedures described in subsection (b) at any time after the effective
date of the dissolution of the limited partnership. (b) A dissolved limited partnership may
give notice of the dissolution in a record to the holder of any known claim. The notice must:
(1) identify the dissolved limited partnership; (2) describe the information required to be
included in a claim; (3) provide a mailing address to which the claim is to be sent; (4) state
the deadline, which may not be fewer than 120 days from the effective date of the notice,
by which the dissolved partnership must receive the claim; (5) state that if not sooner barred,
the claim will be barred if not received by the deadline; and (6) unless the limited partnership
has been throughout its existence a limited liability...
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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
10A-9A-1.03
Section 10A-9A-1.03 Knowledge and notice. (a) A person knows a fact when the person: (1) has
actual knowledge of it; or (2) is deemed to know it under law other than this chapter. (b)
A person has notice of a fact when the person: (1) knows of it; (2) receives notification
of it; (3) has reason to know the fact from all of the facts known to the person at the time
in question; or (4) is deemed to have notice of the fact under subsection (d). (c) A person
notifies or gives a notification to another person by taking steps reasonably required to
inform the other person in ordinary course, whether or not the other person knows the fact.
(d) A person is deemed to have notice of a limited partnership's: (1) matters included in
the certificate of formation under Sections 10A-9A-2.01(a)(1), (a)(2), (a)(3), (a)(4), if
applicable, (a)(5), and (a)(6) upon filing; (2) general partner dissociating as a general
partner, 90 days after the effective date of an amendment to the certificate of formation...
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10A-8A-1.03
Section 10A-8A-1.03 Knowledge and notice. (a) A person knows a fact when the person: (1) has
actual knowledge of it; or (2) is deemed to know it under law other than this chapter. (b)
A person has notice of a fact when the person: (1) knows of it; (2) receives notice of it;
(3) has reason to know the fact from all of the facts known to the person at the time in question;
or (4) is deemed to have notice of the fact under subsection (d). (c) A person notifies or
gives notice to another person by taking steps reasonably required to inform the other person
in ordinary course, whether or not the other person knows the fact. (d) A person is deemed
to have notice of a partnership's: (1) statement of partnership, 90 days after a statement
of partnership under Section 10A-8A-2.02 becomes effective; (2) statement of not for profit
partnership, 90 days after a statement of not for profit partnership under Section 10A-8A-2.02
becomes effective; (3) statement of authority, with respect to: (i)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-8A-1.03.htm - 2K - Match Info - Similar pages
8-19A-6
Section 8-19A-6 Identification of certain affiliated sellers or salespersons. (a) With respect
to any person identified pursuant to Section 8-19A-5, an applicant for a license as a commercial
telephone seller shall state in his or her application the identity of any affiliated commercial
seller or salesperson who: (1) Has been convicted of, or is under indictment or information
for, racketeering or any offense involving fraud, theft, embezzlement, fraudulent conversion,
or misappropriation of property. Conviction includes a finding of guilt where adjudication
has been withheld. (2) Is involved in pending litigation or has had entered against him or
her an injunction, a temporary restraining order, or a final judgment or order, including
a stipulated judgment or order, an assurance of voluntary compliance, or any similar document,
in any civil or administrative action involving racketeering, fraud, theft, embezzlement,
fraudulent conversion, or misappropriation of property or the use of...
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8-19A-11
Section 8-19A-11 Denial of license. (a) The division may deny licensure to any applicant who:
(1) Has been convicted of racketeering or any offense involving fraud, theft, embezzlement,
fraudulent conversion, or misappropriation of property, or any other crime involving moral
turpitude. Conviction includes a finding of guilt where adjudication has been withheld. (2)
Has had entered against him or her or any business for which he or she has worked or been
affiliated, an injunction, a temporary restraining order, or a final judgment or order, including
a stipulated judgment or order, an assurance of voluntary compliance, or any similar document,
in any civil or administrative action involving racketeering, fraud, theft, embezzlement,
fraudulent conversion, or misappropriation of property or the use of any untrue or misleading
representation in an attempt to sell or dispose of real or personal property or the use of
any unfair, unlawful, or deceptive trade practice. (3) Is subject to or...
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