Code of Alabama

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9-10-39
Section 9-10-39 Investment in bonds by state, banks, insurance companies, etc.; deposit of
bonds, etc., with state or municipal officers or agencies. Bonds issued by the corporation
under the provisions of this article are hereby made securities in which the state and all
political subdivisions of this state, their officers, boards, commissions, departments or
other agencies, all banks, bankers, savings banks, trust companies, savings and loan associations,
investment companies and other persons carrying on a banking business, all insurance companies,
insurance associations, and other persons carrying on an insurance business and all administrators,
executors, guardians, trustees and other fiduciaries and all other persons whatsoever who
now are or may hereafter be authorized to invest in bonds or other obligations of the state
may properly and legally invest any funds including capital belonging to them or within their
control. The bonds or other securities or obligations are hereby...
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22-21-326
Section 22-21-326 Securities issued under article as legal investments. Securities issued under
the provisions of this article are hereby made legal investments for savings banks and insurance
companies organized under the laws of the state. Unless otherwise directed by the court having
jurisdiction thereof or the document that is the source of authority, a trustee, executor,
administrator, guardian or one acting in any other fiduciary capacity may, in addition to
any other investment powers conferred by law and with the exercise of reasonable business
prudence, invest trust funds in securities of an authority. The governing body of any authorizing
subdivision (or any county or municipality in which any health care facilities of an authority
may be situated) is authorized, in its discretion, to invest in securities of such authority
any idle or surplus money held in its treasury which is not otherwise earmarked or pledged.
(Acts 1982, No. 82-418, p. 629, §17.)...
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8-6-3
Section 8-6-3 Registration and bonds of dealers, agents, investment advisers, etc. (a) It is
unlawful for any person to transact business in this state as a dealer or agent for securities
unless he or she is registered under this article. It is unlawful for any dealer or issuer
to employ an agent unless the agent is registered. (b) It is unlawful for any person to transact
business in this state as an investment adviser or as an investment adviser representative
unless: (1) He or she is so registered under this article; (2) His or her only clients in
this state are investment companies as defined in the Investment Company Act of 1940, other
investment advisers, broker-dealers, banks, trust companies, savings and loan associations,
insurance companies, employee benefit plans with assets of not less than $1,000,000, and governmental
agencies or instrumentalities, whether acting for themselves or as trustees with investment
control, or other institutional investors as are designated by...
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8-13-1
Section 8-13-1 Definitions. Unless otherwise provided, the following words and phrases, when
used in this chapter, shall have the meanings respectively ascribed to them in this section:
(1) APPLICANT. Any person applying for a license under this chapter, including the principal,
if such person is the agent of another who is the true owner, notwithstanding whether that
other is an individual, partnership, association, firm, or corporation and notwithstanding
whether the name of the true owner appears on the application or not. (2) DISTRESS MERCHANDISE
SALE. Any offer to sell to the public or a sale to the public of goods, wares, or merchandise
on the implied or direct representation that such sale is being held other than in the ordinary
course of business and not otherwise defined herein. Without limiting the generality of the
above, "distress merchandise sales" shall include, but not be limited to, any sale
advertised either specifically or in substance to be any one of the following:...
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27-2A-3
Section 27-2A-3 Materiality; scope; information to be reported. (a) Materiality. No acquisitions
or dispositions of assets need be reported, pursuant to Section 27-2A-2, if the acquisitions
or dispositions are not material. For purposes of this section, a material acquisition (or
the aggregate of any series of related acquisitions during any 30-day period) or disposition
(or the aggregate of any series of related dispositions during any 30-day period) is one that
is nonrecurring and not in the ordinary course of business and involves more than five percent
of the reporting insurer's total admitted assets as reported in its most recent statutory
statement filed with the insurance department of the insurer's state of domicile. (b) Scope.
(1) Asset acquisitions subject to this chapter include every purchase, lease, exchange, merger,
consolidation, succession, or other acquisition, other than the construction or development
of real property, by or for the reporting insurer or the...
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40-25-40
Section 40-25-40 Definitions. For the purpose of this article, the following terms shall have
the respective meanings ascribed to them in this section: (1) PERSON. Any individual, firm,
company, partnership, association, corporation, receiver or trustee, or any other group or
combination acting as a unit, and the plural as well as the singular number. (2) DEPARTMENT.
The Department of Revenue of the State of Alabama. (3) COMMISSIONER. The Commissioner of Revenue
of the State of Alabama. (4) STORAGE. Any keeping or retention in this state for any purpose
except sale in the regular course of business or subsequent use solely outside this state
of the commodities subject to the provisions of this article. (5) USE. The exercise of any
right or power over the commodities subject to the provisions of this article, incident to
the ownership of those commodities or by any transaction where possession is given; except,
that it shall not include the sale of those commodities in the regular...
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23-2-154
Section 23-2-154 Bonds legal investments for all purposes; entitled to be deposited with state
officers or agencies. Bonds issued by the authority under the provisions of this article are
hereby made securities in which the state and all political subdivisions of this state, their
officers, boards, commissioners, departments or other agencies; all banks, bankers, savings
banks, trust companies, savings and loan associations, investment companies and other persons
carrying on a banking business; all insurance companies, insurance associations and other
persons carrying on an insurance business; and all administrators, executors, guardians, trustees
and other fiduciaries; and all other persons whatsoever who now are or may hereafter be authorized
to invest in bonds or other obligations of the state may properly and legally invest any funds,
including capital belonging to them or within their control. The bonds or other securities
or obligations are hereby made securities which properly...
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8-1-121
Section 8-1-121 Certain contracts for future delivery void; exceptions. (a) All contracts of
sale for the future delivery of any commodity, article, personal property, stock or bond,
wherein the parties thereto do not intend a delivery of the article contracted for, but do
intend to gamble on the difference between the contract price and some subsequent market price,
shall be illegal and void, and no action shall be maintained in any court to enforce such
contract or to compel payment of any note or security given in payment or settlement of the
same. (b) The provisions of subsection (a) of this section shall not be construed so as to
apply to any person, firm, corporation or his or their agent, engaged in the business of manufacturing
or wholesale merchandising in the purchase or sale of the necessary commodities required in
the ordinary course of their business. (Code 1907, §§3349, 3350; Acts 1915, No. 791, p.
913; Code 1923, §§6816, 6818; Code 1940, T. 9, §§30, 32.)...
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7-8-102
Section 7-8-102 Definitions. (a) In this article: (1) "Adverse claim" means a claim
that a claimant has a property interest in a financial asset and that it is a violation of
the rights of the claimant for another person to hold, transfer, or deal with the financial
asset. (2) "Bearer form," as applied to a certificated security, means a form in
which the security is payable to the bearer of the security certificate according to its terms
but not by reason of an indorsement. (3) "Broker" means a person defined as a broker
or dealer under the federal securities laws, but without excluding a bank acting in that capacity.
(4) "Certificated security" means a security that is represented by a certificate.
(5) "Clearing corporation" means: (i) a person that is registered as a "clearing
agency" under the federal securities laws; (ii) a federal reserve bank; or (iii) any
other person that provides clearance or settlement services with respect to financial assets
that would require it to...
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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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