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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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13A-12-200.8
Section 13A-12-200.8 Property subject to forfeiture for violation of this division; procedures;
hearing; forfeiture action; action for money judgment. (a) The following property is subject
to forfeiture: (1) All obscene material and material which is harmful to minors used, intended
to be used or obtained in violation of the provisions of this division; (2) All moneys, negotiable
instruments, and funds used, intended to be used, or obtained in any violation of the provisions
of this division; (3) All proceeds or receipts derived from property which is subject to forfeiture
pursuant to subdivisions (a)(1) and (a)(2) of this section. (b) Property taken or detained
under this section shall not be subject to replevin but is deemed to be in the custody of
the state, county or municipal law enforcement agency subject only to the orders and judgment
of the court having jurisdiction over the forfeiture proceedings. When property is seized
under this division, the state, county or municipal law...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-12-200.8.htm - 7K - Match Info - Similar pages
25-5-56
Section 25-5-56 Settlements between parties. The interested parties may settle all matters
of benefits, whether involving compensation, medical payments, or rehabilitation, and all
questions arising under this article and Article 4 of this chapter between themselves, and
every settlement shall be in an amount the same as the amounts or benefits stipulated in this
article. No settlement for an amount less than the amounts or benefits stipulated in this
article shall be valid for any purpose, unless a judge of the court where the claim for compensation
under this chapter is entitled to be made, or upon the written consent of the parties, a judge
of the court determines that it is for the best interest of the employee or the employee's
dependent to accept a lesser sum and approves the settlement. The court shall not approve
any settlement unless and until it has first made inquiry into the bona fides of a claimant's
claim and the liability of the defendant; and if deemed advisable, the...
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8-19-10
Section 8-19-10 Private right of action. (a) Any person who commits one or more of the acts
or practices declared unlawful under this chapter and thereby causes monetary damage to a
consumer, and any person who commits one or more of the acts or practices declared unlawful
in subdivisions (19) and (20) of Section 8-19-5 and thereby causes monetary damage to another
person, shall be liable to each consumer or other person for: (1) Any actual damages sustained
by such consumer or person, or the sum of $100, whichever is greater; or (2) Up to three times
any actual damages, in the court's discretion. In making its determination under this subsection,
the court shall consider, among other relevant factors, the amount of actual damages awarded,
the frequency of the unlawful acts or practices, the number of persons adversely affected
thereby, and the extent to which the unlawful acts or practices were committed intentionally;
and (3) In the case of any successful action or counterclaim to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-19-10.htm - 5K - Match Info - Similar pages
8-19A-5
Section 8-19A-5 Licensing; application for license. (a) Prior to doing business in this state,
a commercial telephone seller shall obtain a license from the division. Doing business in
this state includes both telephone solicitation from a location in Alabama and solicitation
from other states or nations of purchasers located in Alabama. (b) An applicant for a license
as a commercial telephone seller shall submit to the division, in the form prescribed, a written
application for the license. The application shall set forth the following information: (1)
The true name, date of birth, driver's license number, Social Security number, and home address
of the applicant, including each name under which he or she intends to do business. (2) Each
business or occupation engaged in by the applicant during the three years immediately preceding
the date of the application, and the location thereof. (3) The previous experience of the
applicant as a commercial telephone seller or salesperson. (4)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-19A-5.htm - 6K - Match Info - Similar pages
11-47-222
Section 11-47-222 Bonds of an authority - Sale and issuance of refunding bonds; maturity; limitation
on principal amount; use of proceeds; effectuation of refunding by sale or exchange of bonds.
(a) An authority may at any time and from time to time sell and issue its refunding bonds
for the purpose of refunding the principal of and interest on any then outstanding bonds of
the authority, whether or not the bonds shall have matured or be redeemable at the option
of the authority at the time of the refunding, and for the payment of any expenses incurred
in connection with the refunding and any premium or other sum necessary to be paid to redeem
or retire the bonds to be refunded. No refunding bonds shall be issued unless the present
value of all debt service on the refunding bonds (computed with a discount rate equal to the
true interest rate of the refunding bonds and taking into account all underwriting discount
and other issuance expenses) shall not be greater than 95 percent of the...
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11-50-171
Section 11-50-171 Publication of notice of adoption of resolution authorizing transfer, certain
terms thereof, etc.; limitation period for action to restrain proposed transfer, etc. (a)
After the adoption of proceedings providing for the transfer and conveyance of any water system
or systems, the public corporation and municipality or municipalities proposing to make such
transfer and conveyance shall cause to be published once a week for two successive weeks in
a newspaper having general circulation within the limits of such municipality or municipalities
a notice in substantially the following form (the blanks being first properly filled in) with
the names of the public corporation and the municipality or municipalities appended thereto:
"A resolution has been adopted by the board of directors of the _____ (herein insert
the name of the public corporation proposing to make the transfer) and a resolution (or resolutions)
has (or have) been adopted by the governing body (or bodies) of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-50-171.htm - 4K - Match Info - Similar pages
27-14-11.1
Section 27-14-11.1 Contents of policies - Denial or reduction of benefits due to Medicaid eligibility
void. (a) For purposes of this section, "private insurer" is defined as any of the
following: (1) Any commercial insurance company offering health or casualty insurance to individuals
or groups, including both experience-rated contracts and indemnity contracts. (2) Any profit
or nonprofit prepaid plan offering either medical services or full or partial payment for
the diagnosis or treatment of an injury, disease, or disability. (3) Any organization administering
health or casualty insurance plans for professional associations, unions, fraternal groups,
employer-employee benefit plans, and any similar organization offering these payments or services,
including self-insured and self-funded plans. (4) Any health insurer, including group health
plans, as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974,
self-insured plans, service benefit plans, managed care...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-14-11.1.htm - 3K - Match Info - Similar pages
7-3-307
Section 7-3-307 Notice of breach of fiduciary duty. (a) In this section: (1) "Fiduciary"
means an agent, trustee, partner, corporate officer or director, or other representative owing
a fiduciary duty with respect to an instrument. (2) "Represented person" means the
principal, beneficiary, partnership, corporation, or other person to whom the duty stated
in subdivision (1) is owed. (b) If (i) an instrument is taken from a fiduciary for payment
or collection or for value, (ii) the taker has knowledge of the fiduciary status of the fiduciary,
and (iii) the represented person makes a claim to the instrument or its proceeds on the basis
that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply:
(1) Notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented
person. (2) In the case of an instrument payable to the represented person or the fiduciary
as such, the taker has notice of the breach of fiduciary duty if the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-307.htm - 2K - Match Info - Similar pages
8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
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