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7-9A-208
Section 7-9A-208 Additional duties of secured party having control of collateral. (a) Applicability
of section. This section applies to cases in which there is no outstanding secured obligation
and the secured party is not committed to make advances, incur obligations, or otherwise give
value. (b) Duties of secured party after receiving demand from debtor. Within 10 days after
receiving an authenticated demand by the debtor: (1) a secured party having control of a deposit
account under Section 7-9A-104(a)(2) shall send to the bank with which the deposit account
is maintained an authenticated statement that releases the bank from any further obligation
to comply with instructions originated by the secured party; (2) a secured party having control
of a deposit account under Section 7-9A-104(a)(3) shall: (A) pay the debtor the balance on
deposit in the deposit account; or (B) transfer the balance on deposit into a deposit account
in the debtor's name; (3) a secured party, other than a...
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12-15-128
Section 12-15-128 Authority and criteria for continuation of detention or shelter care of children
taken into custody beyond 72 hours. (a) An allegedly delinquent child, dependent child, or
child in need of supervision lawfully taken into custody shall immediately be released, upon
the ascertainment of the necessary facts, to the care, custody, and control of the parent,
legal guardian, or legal custodian of the child or other suitable person able to provide supervision
and care for the child, unless the juvenile court or juvenile court intake officer, subject
to the limitations in Section 12-15-208, finds any of the following: (1) The child has no
parent, legal guardian, legal custodian, or other suitable person able to provide supervision
and care for the child. (2) The release of the child would present a clear and substantial
threat of a serious nature to the person or property of others and where the child is alleged
to be delinquent. (3) The release of the child would present a...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be dependent,
the juvenile court may make any of the following orders of disposition to protect the welfare
of the child: (1) Permit the child to remain with the parent, legal guardian, or other legal
custodian of the child, subject to conditions and limitations as the juvenile court may prescribe.
(2) Place the child under protective supervision under the Department of Human Resources.
(3) Transfer legal custody to any of the following: a. The Department of Human Resources.
b. A local public or private agency, organization, or facility willing and able to assume
the education, care, and maintenance of the child and which is licensed by the Department
of Human Resources or otherwise authorized by law to receive and provide care for the child.
c. A relative or other individual who, after study by the Department of Human Resources, is
found by the juvenile court to be qualified to receive and care for the...
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8-6-171
Section 8-6-171 Definitions. In this article, unless the context otherwise requires, the following
words and terms shall have the following meanings: (1) AGENT. The same meaning as in subdivision
(2) of Section 8-6-2. (2) BROKER-DEALER. The same meaning as in subdivision (3) of Section
8-6-2. (3) COMMISSION. The Alabama Securities Commission. (4) DEPARTMENT. The Department of
Human Resources. (5) FINANCIAL EXPLOITATION. Any of the following: a. The wrongful or unauthorized
taking, withholding, appropriation, or use of money, assets, or property of a vulnerable adult.
b. Any act or omission taken by a person, including through the use of a power of attorney,
guardianship, or conservatorship of a vulnerable adult, to either of the following: 1. Obtain
control through deception, intimidation, or undue influence over the vulnerable adult's money,
assets, or property to deprive the vulnerable adult of the ownership, use, benefit, or possession
of his or her money, assets, or property. 2....
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30-5B-5
Section 30-5B-5 Registration of order. (a) Any individual may register a foreign protection
order in this state. To register a foreign protection order, an individual shall present a
certified copy of the order to any circuit or district court clerk in the state and complete
an affidavit as provided in subsection (d). (b) The court clerk shall enter, as expeditiously
as possible, all necessary information into the State Judicial Information System which shall
be electronically transmitted by the Administrative Office of Courts to the Alabama Criminal
Justice Information System. After the order is registered, a copy of the order stamped filed
by the court clerk shall be provided by the clerk's office to the person registering the order.
(c) The Criminal Justice Information Center, as Alabama's central registry of protection orders,
shall enter, as expeditiously as possible, an order upon electronic submission from the State
Judicial Information System of information concerning a valid...
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43-2-235
Section 43-2-235 Revocation of letters upon proof that supposed decedent is alive - Distribution
of assets. The probate court may revoke the said letters at any time on due and satisfactory
proof that the supposed decedent is in fact alive, after which revocation all the powers of
the administrator shall cease, but all receipts, disbursements of assets and other acts previously
done by him shall remain as valid as if the said letters were unrevoked. The administrator
shall settle an account of his administration, down to the time of such revocation, and shall
transfer all assets remaining in his hands to the person as whose administrator he had acted
or to his duly authorized agent or attorney. Nothing in this article shall validate the title
of any person to any property or money received as widow, next of kin or heir of such supposed
decedent, but the same may be recovered from such person, provided such supposed decedent
shall make due and sufficient legal proof to the court having...
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43-2-842
Section 43-2-842 Persons dealing with personal representative; protection. A person who, in
good faith, either assists a personal representative or deals with the personal representative
for value is protected as if the personal representative properly exercised the power. The
fact that a person knowingly deals with a personal representative does not alone require the
person to inquire into the existence of a power or the propriety of its exercise. Except for
restrictions on powers of personal representatives which are endorsed on the letters, no provision
in any will or order of court purporting to limit the power of a personal representative is
effective except as to persons with actual knowledge thereof. A person is not bound to see
to the proper application of estate assets paid or delivered to a personal representative.
The protection here expressed extends to instances in which some procedural irregularity or
jurisdictional defect occurred in proceedings leading to the issuance...
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43-2-851
Section 43-2-851 Bond. (a) The court must require a personal representative or special administrator
to furnish bond payable to the judge of probate conditioned upon faithful discharge of all
duties of the trust according to law, with sureties as it shall specify. Unless otherwise
directed, the bond must be in the amount of the aggregate capital value of the property of
the estate in the personal representative's control, plus one year's estimated income, and
minus the value of securities deposited under arrangements requiring an order of the court
for their removal and the value of any land which the fiduciary, pursuant to Section 43-2-844,
lacks power to sell or convey without court authorization. The court, in lieu of sureties
on a bond, may accept other collateral for the performance of the bond, including a pledge
of securities or any other assets or a mortgage of land. (b) The court may at any time reduce
the bond of the personal representative or require the personal...
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10A-5A-7.05
Section 10A-5A-7.05 Other claims against dissolved limited liability company. Notwithstanding
Sections 10A-1-9.01 and 10A-1-9.22: (a) A dissolved limited liability company may publish
notice of its dissolution and request that persons with claims against the dissolved limited
liability company 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 limited liability company's principal office is located
or, if it has none in this state, in the county in which the dissolved limited liability company's
most recent registered office is 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; and (3) state that
if not sooner barred, a claim against the dissolved limited liability company will be barred
unless a proceeding to enforce the claim is commenced within two...
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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...
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