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26-1A-208
Section 26-1A-208 Banks and other financial institutions. Unless the power of attorney otherwise
provides, language in a power of attorney granting general authority with respect to banks
and other financial institutions authorizes the agent to: (1) continue, modify, and terminate
an account or other banking arrangement made by or on behalf of the principal; (2) establish,
modify, and terminate an account or other banking arrangement with a bank, trust company,
savings and loan association, credit union, thrift company, brokerage firm, or other financial
institution selected by the agent; (3) contract for services available from a financial institution,
including renting a safe deposit box or space in a vault; (4) withdraw, by check, order, electronic
funds transfer, or otherwise, money or property of the principal deposited with or left in
the custody of a financial institution; (5) receive statements of account, vouchers, notices,
and similar documents from a financial institution...
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34-24-536
Section 34-24-536 Enforcement of interstate compact. (a) The interstate commission, in the
reasonable exercise of its discretion, shall enforce the provisions and rules of the compact.
(b) The interstate commission, by majority vote of the commissioners, may initiate legal action
in the United States District Court for the District of Columbia, or, at the discretion of
the interstate commission, in the federal district where the interstate commission has its
principal offices, to enforce compliance with the provisions of the compact, and its promulgated
rules and bylaws, against a member state in default. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is necessary, the prevailing party,
which is expressly limited to the interstate commission or a member state, shall be awarded
all costs of such litigation including reasonable attorney's fees, but this provision does
not apply to third parties or private citizens. (c) The remedies...
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45-35-20.06
Section 45-35-20.06 Civil action for violations. (a) In addition to any other remedy or penalty
at law, when there is reason to believe that any person is violating or is about to violate
this part, the Houston County Commission may initiate a civil action in the Circuit Court
of Houston County in the name of the county against the person for preliminary and permanent
injunctive relief, to prevent or enjoin the violation. The Alabama Rules of Civil Procedure
shall apply to the extent that the rules are not inconsistent with this part except that no
temporary restraining order shall be issued pursuant to this section. No bond shall be required
of the county or county commission bringing the action and the official, the county commission,
and the officers, agents, and employees of the county commission shall not be liable for costs
or damages, other than court costs, by reason of injunctive orders not being granted or where
judgment is entered in favor of the defendant by the trial or an...
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26-2A-152
Section 26-2A-152 Powers of conservator in administration. (a) Subject to limitation provided
in Section 26-2A-154, a conservator shall have all of the powers conferred in this section
and any additional powers now or hereafter conferred by law on trustees in this state. In
addition, a conservator of the estate of an unmarried minor as to whom no one has parental
rights, has the powers of a guardian of a minor described in Section 26-2A-78 until the minor
attains the age of 19 years, or the disabilities of nonage have been removed, but the parental
rights so conferred on a conservator do not preclude appointment of a guardian as provided
in Division 1 of this article. (b) A conservator without court authorization or confirmation
may invest and reinvest funds of the estate as would a trustee. (c) A conservator, acting
as a fiduciary in efforts to accomplish the purpose of the appointment, may act without court
authorization or confirmation, to (1) Collect, hold, and retain assets of the...
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36-25A-7
Section 36-25A-7 Executive sessions. (a) Executive sessions are not required by this chapter,
but may be held by a governmental body only for the following purposes: (1) To discuss the
general reputation and character, physical condition, professional competence, or mental health
of individuals, or, subject to the limitations set out herein, to discuss the job performance
of certain public employees. However, except as provided elsewhere in this section, discussions
of the job performance of specific public officials or specific public employees may not be
discussed in executive session if the person is an elected or appointed public official, an
appointed member of a state or local board or commission, or a public employee who is one
of the classification of public employees required to file a statement of economic interests
with the Alabama Ethics Commission pursuant to Section 36-25-14. Except as provided elsewhere
in this section, the salary, compensation, and job benefits of...
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6-5-466
Section 6-5-466 Revival in case of death of one or more defendants jointly sued. (a) The death
of one or more defendants jointly sued does not, as to the defendant dying, abate a claim
upon which an action has been filed if the claim survives; but such a claim may be revived
against the proper representative of such defendant and such representative and the surviving
defendant or defendants may be proceeded against jointly or severally, at the election of
the plaintiff. (b) Under this section, the judgment entered must be several, but against a
personal representative, if he objects, judgment must not be entered until after the expiration
of six months from the grant of letters testamentary or of administration. (c) Under this
section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all,
except as to costs; but if requested, the plaintiff must assign, without recourse on him,
the judgment against a principal debtor to the party from whom satisfaction is...
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7-2A-516
Section 7-2A-516 Effect of acceptance of goods; notice of default; burden of establishing default
after acceptance; notice of claim or litigation to person answerable over. (1) A lessee must
pay rent for any goods accepted in accordance with the lease contract, with due allowance
for goods rightfully rejected or not delivered. (2) A lessee's acceptance of goods precludes
rejection of the goods accepted. In the case of a finance lease, other than a consumer lease
in which the supplier assisted in the preparation of the lease contract or participated in
negotiating the terms of the lease contract with the lessor, if made with knowledge of a nonconformity,
acceptance cannot be revoked because of it. In any other case, if made with knowledge of a
nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the
reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not
of itself impair any other remedy provided by this article or...
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8-9B-9
Section 8-9B-9 Defenses, liability, and protection of transferee. (a) A transfer is not voidable
under Section 8-9B-5(a)(1) against a person that took in good faith and for a reasonably equivalent
value given the debtor or against any subsequent transferee that took in good faith. (b) To
the extent a transfer is avoidable in an action by a creditor under Section 8-9B-8(a)(1),
the following rules apply: (1) Except as otherwise provided in this section, the creditor
may recover judgment for the value of the asset transferred, as adjusted under subsection
(c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment
may be entered against: (i) the first transferee of the asset or the person for whose benefit
the transfer was made; or (ii) any subsequent transferee, other than: (A) a good-faith transferee
that took for value; or (B) a subsequent transferee of a person described in clause (A). (2)
Recovery pursuant to Section 8-9B-8(a)(1) or (b) of or from...
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15-5-63
Section 15-5-63 Proof; forfeiture procedures. The state must prove to the court's reasonable
satisfaction that the proceeds, property, or instrumentality of any kind were used in, intended
to be used in, or derived from, a felony offense. Except as provided otherwise in this article,
the manner, method, and procedure for the seizure, forfeiture, condemnation, and disposition
shall be the same as that set out in Section 20-2-93 and Sections 28-4-286 through 28-4-290,
inclusive, except for the following: (1) An innocent owner's or bona fide lienholder's interest
in any type of property shall not be forfeited under this article for any act or omission
unless the state proves that the act or omission was committed or omitted with the knowledge
or consent of that owner or lienholder. (2) The state may stipulate that the interest of an
innocent owner or bona fide lienholder is exempt from forfeiture upon presentation of proof
of the claim. The state shall file the stipulation with the court...
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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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