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34-27-62
Section 34-27-62 Enforcement and implementation of article; acts constituting misdemeanors;
voidability of sales of unregistered plans, etc. (a) The Alabama Real Estate Commission shall
be responsible for the enforcement and implementation of this article, and the Attorney General
of the State of Alabama, or the district attorney of any county of the State of Alabama upon
request by the commission, shall assist the commission in the enforcement of this article
and the prosecution of violations hereunder. The provisions of this article shall not be construed
to limit in any manner the right of any party to bring a private action to enforce the provisions
of this article. In addition to the administrative enforcement of this article by the commission,
the following shall be Class A misdemeanors triable in the courts of Alabama: (1) It shall
be a Class A misdemeanor for any person, natural or legal, while within the borders of the
State of Alabama, to participate in the sale or attempted...
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34-27-68
Section 34-27-68 Commission may seek injunctive relief, etc., for violation of article;
investigation; revocation of registration. (a) If it appears that a person, firm, corporation,
or any business entity has engaged, or is about to engage, in an act or practice constituting
a violation of a provision of this article or rule or order of the commission, the commission,
through the Attorney General, may institute legal actions to enjoin the act or practice and
to enforce compliance with this article or any rule or order of the commission or to have
a receiver or conservator appointed. To prevail in such action, it shall not be necessary
to allege or prove either that an adequate remedy at law does not exist or that substantial
or irreparable damage would result from the continued violation thereof. (b) The commission
may: (1) Make any public or private investigation which it deems necessary, either within
or outside of this state, to determine whether any person has violated or is about...
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9-17-83
Section 9-17-83 Order requiring unit operation - Contents. The order shall be fair and
reasonable under all the circumstances, shall protect the rights of interested parties and
shall include: (1) A description of the area embraced, termed the unit area, and a description
of the pool or pools or portions thereof affected and lying within the unit area, termed the
unit pool. (2) A statement of the nature of the operations contemplated. (3) An allocation
among the separately owned interests derived from or associated with tracts in the unit area
of all the oil or gas, or both, produced from the unit pool within the unit area, and not
required in the conduct of such operation or unavoidably lost, such allocation to be based
on the relative contribution which each such tract or interest is expected to make during
the course of such operation, to the total production of oil or gas, or both, so allocated.
(4) A provision for adjustment among the owners of the unit area (not including royalty...
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9-17-33
Section 9-17-33 Disposition of proceeds from sale of oil or gas production. (a) As used
in this section, the following terms shall have the following meanings: (1) CHECK STUB.
The financial record attached to a check, included with a check, or mailed separately at or
near the time the check is mailed. (2) DIVISION ORDER. A contract between the interest owner
and the purchaser, operator, or the owner of the right to drill and to produce, directing
the distribution of the value from the sale of the oil, gas, and other liquid hydrocarbons
in the proportions set out in the division order, which division order is prepared by the
purchaser, operator, and/or the owner of the right to drill and to produce on the basis of
the ownership shown in a title opinion prepared after examination of abstracts or based on
other generally acceptable legal ownership documentation and which is executed by the interest
owners or others having an interest in the production. (3) INTEREST OWNER. A person owning...
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35-12-71
Section 35-12-71 Definitions. As used in this article, unless the context otherwise
requires, the following terms shall have the meanings respectively ascribed to them by this
section: (1) APPARENT OWNER. A person whose name appears on the records of a holder
as the person entitled to property held, issued, or owing by the holder. (2) BUSINESS ASSOCIATION.
A corporation, joint stock company, investment company, partnership, unincorporated association,
joint venture, limited liability company, business trust, trust company, safe deposit company,
financial organization, insurance company, mutual fund, utility, or other business entity
consisting of one or more persons, whether or not for profit. (3) DOMICILE. The state of incorporation
of a corporation and the state of the principal place of business of a holder other than a
corporation. (4) FINANCIAL ORGANIZATION. A savings and loan association, building and loan
association, industrial loan organization, credit union, cooperative bank,...
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35-8A-401
Section 35-8A-401 Applicability; waiver. (a) This article applies to all units subject
to this chapter, except as provided in subsection (b) or as modified or waived in writing
by agreement of purchasers of units in a condominium in which all units are restricted to
nonresidential use. (b) Neither an offering statement nor a resale certificate need be prepared
or delivered in the case of: (1) A gratuitous disposition of a unit; (2) A transfer pursuant
to court order; (3) A disposition by a government or governmental agency; (4) A transfer by
foreclosure or disposition by deed in lieu of foreclosure; (5) A disposition to a person in
the business of selling real estate who intends to offer those units to purchasers where the
responsibility for preparing and delivering the offering statement has been transferred to
the person pursuant to subsection (b) of Section 35-8A-402; (6) A disposition that
may be canceled at any time and for any reason by the purchaser without penalty; or (7) A...
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40-12-262
Section 40-12-262 Effect of provisions relative to registration and display of tags
on nonresidents; international registration plan; temporary trip permit; penalties. (a) The
provisions of the foregoing sections relative to registration and display of registration
numbers shall not apply to a motor vehicle owned by a nonresident of this state and not used
for hire or used for commercial purposes in this state for a period of 30 days from date of
entering the state; provided, that the owner thereof shall have complied with the provisions
of the law of the foreign country, state, territory, or federal district of his residence
relative to the registration of motor vehicles and the display of registration numbers thereon
and shall conspicuously display his registration number as required thereby; provided further,
that nothing herein shall be construed to permit the use of motor vehicles for hire, or for
commercial purposes, by nonresidents without complying with the provisions of this...
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40-23-1
Section 40-23-1 Definitions; transactions considered or not considered sales. (a) For
the purpose of this division, the following terms shall have the respective meanings ascribed
by this section: (1) PERSON or COMPANY. Used interchangeably, includes any individual,
firm, copartnership, association, corporation, receiver, trustee, or any other group or combination
acting as a unit and the plural as well as the singular number, unless the intention to give
a more limited meaning is disclosed by the context. (2) DEPARTMENT. The Department of Revenue
of the State of Alabama. (3) COMMISSIONER. The Commissioner of Revenue of the State of Alabama.
(4) TAX YEAR or TAXABLE YEAR. The calendar year. (5) SALE or SALES. Installment and credit
sales and the exchange of properties as well as the sale thereof for money, every closed transaction
constituting a sale. Provided, however, a transaction shall not be closed or a sale completed
until the time and place when and where title is transferred by...
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22-27-3
Section 22-27-3 Authority of local governing bodies as waste collections and disposal;
household exemptions; state regulatory program. (a) Generally. (1) The county commission or
municipal governing body may, and is hereby authorized to, make available to the general public
collection and disposal facilities for solid wastes in a manner acceptable to the department.
The county commission or municipal governing body may provide such collection or disposal
services by contract with private or other controlling agencies and may include house-to-house
service or the placement of regularly serviced and controlled bulk refuse receptacles within
reasonable (generally less than eight miles) distance from the farthest affected household
and the wastes managed in a manner acceptable to the department. (2) Any county commission
or municipal governing body providing services to the public under this article shall have
the power and authority by resolution or ordinance to adopt rules and...
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7-2A-103
Section 7-2A-103 Definitions and index of definitions. (1) In this article unless the
context otherwise requires: (a) "Buyer in ordinary course of business" means a person
who in good faith and without knowledge that the sale to him or her is in violation of the
ownership rights or security interest or leasehold interest of a third party in the goods,
buys in ordinary course from a person in the business of selling goods of that kind but does
not include a pawnbroker. "Buying" may be for cash or by exchange of other property
or on secured or unsecured credit and includes receiving goods or documents of title under
a pre-existing contract for sale but does not include a transfer in bulk or as security for
or in total or partial satisfaction of a money debt. (b) "Cancellation" occurs when
either party puts an end to the lease contract for default by the other party. (c) "Commercial
unit" means such a unit of goods as by commercial usage is a single whole for purposes
of lease and...
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