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8-20-4
carriers. q. To offer any refunds or other types of inducements to any person for the purchase
of new motor vehicles of a certain line make to be sold to the state or any political subdivision
thereof without making the same offer to all other new motor vehicle dealers in the same line
make within the state. r. To release to any outside party, except under subpoena, or as otherwise
required by law or in an administrative, judicial, or arbitration proceeding, any business,
financial, or personal information which may be from time to time provided by the dealer
to the manufacturer, without the express written consent of the dealer. s. To own an interest
in a new motor vehicle dealership, to operate or control a dealership, to make direct sales
or leases of new motor vehicles to the public in Alabama, or to own, operate, or control a
facility for performance of motor vehicle warranty or repair service work, except as follows:
1. The manufacturer or distributor is owning or operating...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-4.htm - 34K - Match Info - Similar pages
10A-9A-4.03
Section 10A-9A-4.03 Limited partnership liable for general partner's actionable conduct. (a)
A limited partnership is liable for loss or injury caused to a person, or for a penalty
incurred, as a result of a wrongful act or omission, or other actionable conduct, of a general
partner acting in the ordinary course of activities and affairs of the limited partnership
or with authority of the limited partnership. (b) If, in the course of the limited partnership's
activities and affairs or while acting with authority of the limited partnership, a general
partner receives or causes the limited partnership to receive money or property of a person
not a partner, and the money or property is misapplied by a general partner, the limited partnership
is liable for the loss. (Act 2016-379, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-4.03.htm - 1K - Match Info - Similar pages
10A-9A-8.04
Section 10A-9A-8.04 Power of general partner and person dissociated as general partner to bind
partnership after dissolution. (a) A limited partnership is bound by a general partner's act
after dissolution which: (1) is appropriate for winding up the limited partnership's activities
and affairs; or (2) would have bound the limited partnership under Section 10A-9A-4.02 before
dissolution, if, at the time the other party enters into the transaction, the other party
does not have notice of the dissolution. (b) A person dissociated as a general partner binds
a limited partnership through an act occurring after dissolution only if: (1) at the time
the other party enters into the transaction the other party does not have notice of the dissociation
and reasonably believes that the person is a general partner; and (2) the act: (A) is appropriate
for winding up the limited partnership's activities and affairs; or (B) would have bound the
limited partnership under Section 10A-9A-4.02 before...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-8.04.htm - 1K - Match Info - Similar pages
10A-8A-7.03
Section 10A-8A-7.03 Liability of person dissociated as a partner to other persons. (a) A person's
dissociation as a partner does not of itself discharge that person's liability for a partnership
obligation incurred before dissociation. A person dissociated as a partner is not liable for
a partnership obligation incurred after dissociation, except as provided in subsection (b).
(b) A person that dissociates as a partner without resulting in a dissolution and winding
up of the partnership business or not for profit activity is liable as a partner to the other
party in a transaction entered into by the partnership, or a surviving partnership or other
surviving entity under Article 9 of this chapter or Article 8 of Chapter 1, within one year
after the partner's dissociation, only if the partner is liable for the obligation under Section
10A-8A-3.06 and at the time of entering into the transaction the other party: (1) reasonably
believed that the person dissociated as a partner was then a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-8A-7.03.htm - 2K - Match Info - Similar pages
10A-9A-8.08
Section 10A-9A-8.08 Liability of general partner and person dissociated as general partner
when claim against limited partnership barred. If a claim against a dissolved limited partnership
is barred under Section 10A-9A-8.06 or 10A-9A-8.07, any corresponding claim under Section
10A-9A-4.04 or 10A-9A-6.07 is also barred. (Act 2016-379, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-8.08.htm - 652 bytes - Match Info - Similar pages
10A-9A-4.08
Section 10A-9A-4.08 General standards of general partner's conduct. (a) The duties that a general
partner has to the limited partnership and to the other partners include the duty of loyalty
and the duty of care as described in subsections (b) and (c). (b) A general partner's duty
of loyalty to the limited partnership and to the other partners includes each of the following:
(1) to account to the limited partnership and to hold as trustee for it any property, profit,
or benefit derived by the general partner in the conduct or 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; (2) to refrain
from dealing with the limited partnership in the conduct or winding up of the limited partnership's
activities and affairs as or on behalf of a party having an interest adverse to the limited
partnership; and (3) to refrain from competing with...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-4.08.htm - 2K - Match Info - Similar pages
10A-9A-4.06
Section 10A-9A-4.06 Management rights of general partner. (a) Each general partner has equal
rights in the management and conduct of the limited partnership's activities and affairs.
Except as expressly provided in this chapter, any matter relating to the activities and affairs
of the limited partnership is decided exclusively by the general partner or, if there is more
than one general partner, by a majority of the general partners. (b) The consent of all of
the partners is necessary to: (1) amend the partnership agreement; (2) amend the certificate
of formation to add or delete a statement that the limited partnership is a limited liability
limited partnership; and (3) sell, lease, exchange, or otherwise dispose of all, or substantially
all, of the limited partnership's property, with or without the good will, other than in the
usual and regular course of the limited partnership's activities and affairs. (c) A limited
partnership shall reimburse a general partner for payments made...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-4.06.htm - 2K - Match Info - Similar pages
10A-9A-1.02
Section 10A-9A-1.02 Definitions. Notwithstanding Section 10A-1-1.03, as used in this chapter,
unless the context otherwise requires, the following terms mean: (1) "CERTIFICATE OF
FORMATION" with respect to a limited partnership means the certificate of formation required
by Section 10A-9A-2.01, and the certificate of formation as amended or restated. (2) "DISTRIBUTION"
except as otherwise provided in Section 10A-9A-5.08(f), means a transfer of money or other
property from a limited partnership to another person on account of a transferable interest.
(3) "FOREIGN LIMITED LIABILITY LIMITED PARTNERSHIP" means a foreign limited partnership
whose general partners have limited liability for the obligations of the foreign limited partnership
under a provision similar to Section 10A-9A-4.04(c). (4) "FOREIGN LIMITED PARTNERSHIP"
means a partnership formed under the laws of a jurisdiction other than this state and required
by those laws to have one or more general partners and one or more...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-1.02.htm - 4K - Match Info - Similar pages
10A-9A-4.05
Section 10A-9A-4.05 Actions by and against partnership and partners. (a) To the extent not
inconsistent with Section 10A-9A-4.04, a general partner may be joined in an action against
the limited partnership or named in a separate action. (b) A judgment against a limited partnership
is not by itself a judgment against a general partner. A judgment against a limited partnership
may not be satisfied from a general partner's assets unless there is also a judgment against
the general partner. (c) A judgment creditor of a general partner may not levy execution against
the assets of the general partner to satisfy a judgment based on a claim against the limited
partnership, unless the partner is personally liable for the claim under Section 10A-9A-4.04
and either: (1) a judgment based on the same claim has been obtained against the limited partnership
and a writ of execution on the judgment has been returned unsatisfied in whole or in part;
(2) the limited partnership is a debtor in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-4.05.htm - 1K - Match Info - Similar pages
10A-8A-3.06
Section 10A-8A-3.06 Partner's liability. (a) Except as otherwise provided in subsection (b)
or subsection (c), all partners are liable jointly and severally for all obligations of the
partnership unless otherwise agreed by the claimant or provided by law. (b) A person admitted
as a partner into an existing partnership is not personally liable for any partnership obligation
incurred before the person's admission as a partner. (c) Except as set forth in subsection
(b) of Section 10A-8A-10.02, a debt, obligation, or other liability of a partnership incurred
while the partnership is a limited liability partnership is solely the debt, obligation, or
other liability of the limited liability partnership. Except as set forth in subsection (b)
of Section 10A-8A-10.02, a partner in a limited liability partnership is not personally liable
or accountable, directly or indirectly, including by way of indemnification, contribution,
assessment, or otherwise, for debts, obligations, and liabilities of,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-8A-3.06.htm - 2K - Match Info - Similar pages
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