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8-6-15
Section 8-6-15 Investigations and subpoenas by commission. (a) The Securities Commission, in
its discretion, may: (1) Make such public or private investigations within or outside of this
state as he deems necessary to determine whether any registration in the sale of securities
should be granted, denied, or revoked, whether any person has violated or is about to violate
any provision of this article or any rule or order hereunder, to aid in the enforcement of
this article or in the prescribing of rules and forms hereunder; (2) Require or permit any
person to file a statement in writing, under oath, or otherwise as the commission may determine,
as to all the facts and circumstances concerning the matter to be investigated; and (3) Publish
information concerning any violation of this article or any rule or order hereunder. (b) For
the purpose of any investigation or proceeding under this article, the Securities Commission
or any officer designated by it may administer oaths and...
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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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-6-19.htm - 8K - Match Info - Similar pages
13A-10-100
Section 13A-10-100 Definitions. (a) The definitions in Sections 13A-10-1 and 13A-10-60 are
applicable in this article unless the context otherwise requires. (b) The following definitions
are also applicable in this article: (1) SWEARS FALSELY and FALSE SWEARING. The making of
a false statement under oath required or authorized by law, or the swearing or affirming the
truth of such statement previously made, which the declarant does not believe to be true.
A false swearing in a subscribed written instrument shall not be deemed complete until the
instrument is delivered by its subscriber, or by someone acting in his behalf, to another
person with intent that it be uttered or published as true. (2) MATERIAL. A statement is "material,"
regardless of the admissibility of the statement under the rules of evidence, if it could
have affected the course or outcome of the official proceeding. It is no defense that the
declarant mistakenly believed the falsification to be immaterial. Whether a...
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9-16-10
Section 9-16-10 Enforcement of provisions of article - Written notices of violations; hearings;
entry of orders by director; appeals from orders of director. (a) Whenever the director determines
that any operator has not complied with the provisions of this article and is therefore in
violation of this article, the director may cause to have issued and served upon the person
alleged to be committing such violation a written notice which shall specify the provision
of this article which such operator allegedly is violating and a statement of the manner in
and the extent to which said operator is alleged to violate this article and shall require
the person so complained against to answer the charges of such formal complaint at a hearing
before the director at a time not less than 30 days after the date of notice. The director
shall issue subpoenas at the instance of the department and at the request of the charged
operator, requiring the attendance of witnesses and the production of such...
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27-7-37
Section 27-7-37 Complaints against licensees; notice, hearing, and orders thereon. (a) The
department shall institute a proceeding against a licensee for the imposition of licensee
penalties by filing and serving a complaint as to the licensee, giving notice thereof to the
licensee and all insurers the licensee is licensed or appointed to represent. (b)(1) Any person
having an interest and feeling aggrieved may file a complaint with the commissioner against
any licensee seeking the imposition of licensee penalties against the licensee. The third-party
complaint shall be in writing and shall specify in reasonable detail the charge or charges
made, the truth of which shall be sworn to by the complainant or some other person who has
knowledge of the facts averred. (2) If, upon reviewing a third-party complaint, the commissioner
finds that the charges made therein constitute grounds for the imposition of licensee penalties
against the licensee, the commissioner shall forthwith notify the...
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22-21-386
Section 22-21-386 Examination and investigation of corporations by department; power to summon
and examine witnesses; payment of expenses. (a) The Department of Insurance, any agent or
examiner of the department, or any other person appointed by the department shall have the
power of visitation and examination into the affairs, transactions, accounts, business records,
and assets of any such dental service plan corporation, shall have free access to all of the
books, papers, and documents that relate to the business of the corporation, may summon and
qualify witnesses under oath, and may examine its officers, agents, and employees or other
relative persons regarding the affairs, transactions, and condition of the corporation. The
corporation whose affairs are examined shall pay to the department for deposit into the State
Treasury the traveling expenses and any other expenses of the examiner or other person making
the examination which shall be credited as provided by Section...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-21-386.htm - 2K - Match Info - Similar pages
23-2-142
Section 23-2-142 Definitions. As used in this article, the following words and terms shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) AUTHORITY. The Alabama Toll Road, Bridge, and Tunnel Authority created by this article,
or any board, body, or commission succeeding to the principal functions thereof or to which
the powers given by this article to the authority shall be given by law. (2) BONDS or TOLL
ROAD, BRIDGE, OR TUNNEL REVENUE BONDS. Bonds of the authority authorized under this article.
(3) CONCESSIONAIRE. A person, firm, corporation, partnership, limited liability company, or
other legal entity described in Section 23-2-144(a)(12) which has been awarded a contract
to construct or operate, or both, a toll road or bridge by the department or the authority.
(4) COST. As applied to a toll road, bridge, or tunnel project, the cost shall include, but
not be limited to, the following: a. The cost of construction, including bridges...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/23-2-142.htm - 4K - Match Info - Similar pages
31-2A-34
Section 31-2A-34 (Article 34.) Advice of judge advocate and reference for trial. (a) Before
directing the trial of any charge by general or special court-martial, the convening authority
shall refer it to a judge advocate for consideration and advice. The convening authority may
not refer a specification under a charge to a general or special court-martial for trial unless
the convening authority has been advised in writing by a judge advocate of all of the following:
(1) The specification alleges an offense under this code. (2) The specification is warranted
by the evidence indicated in the report of investigation under Section 31-2A-32 (Article 32),
if there is such a report. (3) A court-martial would have jurisdiction over the accused and
the offense. (b) The advice of the judge advocate under subsection (a) with respect to a specification
under a charge shall include a written and signed statement by the judge advocate containing
both of the following: (1) Conclusions with respect...
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34-27A-3
Section 34-27A-3 License required to do certain acts; unlawful behavior; violations; assistance
with appraisal; evaluations. (a) It shall be unlawful for any person, partnership, or corporation,
for a fee or other valuable consideration, or with the intention or expectation of receiving
or collecting a fee or valuable consideration from another, to do any of the following unless
he or she is licensed under this article: (1) To be employed to perform or to perform an appraisal
as defined in this article where the subject property of the assignment lies within the borders
of the State of Alabama. (2) Present himself or herself, or allow himself or herself to be
presented, as being able to perform an appraisal for which a license is required under this
article. (b) It shall be unlawful for a person, other than a licensed real estate appraiser,
to assume or use that title or any title, designation, or abbreviation likely to create the
impression of licensure as a real estate appraiser by...
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40-23-68
Section 40-23-68 Seller to file returns. (a) Except as otherwise provided in subsection (f),
the tax imposed by this article shall be due and payable to the department monthly on or before
the 20th day of the month next succeeding each month during which the storage, use, or other
consumption of tangible personal property became taxable hereunder. (b) Every seller or person
engaged in making retail sales of tangible personal property for storage, use, or other consumption
in this state, who alternatively: (1) Maintains, occupies, or uses, permanently or temporarily,
directly or indirectly, or through a subsidiary, or agent by whatever name called, an office,
place of distribution, sales, or sample room or place, warehouse or storage place, or other
place of business; (2) Qualifies to do business or registers with the state to collect the
tax levied by this chapter; (3) Employs or retains under contract any representative, agent,
salesman, canvasser, solicitor, or installer operating in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-23-68.htm - 9K - Match Info - Similar pages
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