34-27-50
Section 34-27-50 Definitions. For the purposes of this article, the following terms
shall have the meaning respectively ascribed to them by this section: (1) ACCOMMODATIONS.
Any hotel or motel room, condominium, or cooperative unit, cabin, lodge, apartment, or any
other private or commercial structure designed for occupancy by one or more individuals or
any recreational vehicle campsite or campground. (2) BUSINESS ENTITY. Any individual, corporation,
firm, association, joint venture, partnership, trust, estate, business trust, syndicate, fiduciary,
and any other group or combination which engages in acts or practices in any trade or commerce.
(3) CONTRACT. Any contract, promissory note, credit agreement, negotiable instrument, lease,
use agreement, license, security, or other muniment conferring on the purchaser the rights,
benefits, and obligations of a vacation time-sharing plan. (4) COMMISSION. The Alabama Real
Estate Commission. (5) COMMISSIONER. A member of the Alabama Real Estate...
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9-17-13
Section 9-17-13 Integration of interests; cycling operations; orders of board; procedures.
(a) When any mineral or other related interests deriving from two or more separately owned
tracts of land are embraced within an established or a proposed drilling or production unit,
or when there are separately owned interests in all or a part of an established or proposed
drilling or production unit, or any combination of such, the persons owning the interests
therein may validly agree to integrate or pool the interests and to develop the interests
and associated lands as a drilling or production unit. Where, however, the owners have not
agreed to so integrate or pool the interests, the board shall, for the prevention of waste
or to avoid the drilling of unnecessary wells, require the persons owning such interests to
do so and to develop their interests and the associated lands as a drilling or production
unit. (b) The board, in order to prevent waste and avoid the drilling of unnecessary...
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10A-1-1.03
Section 10A-1-1.03 Definitions. As used in this title, unless the context otherwise
requires, the following terms mean: (1) AFFILIATE. A person who controls, is controlled by,
or is under common control with another person. An affiliate of an individual includes the
spouse, or a parent or sibling thereof, of the individual, or a child, grandchild, sibling,
parent, or spouse of any thereof, of the individual, or an individual having the same home
as the individual, or a trust or estate of which an individual specified in this sentence
is a substantial beneficiary; a trust, estate, incompetent, conservatee, protected person,
or minor of which the individual is a fiduciary; or an entity of which the individual is director,
general partner, agent, employee or the governing authority or member of the governing authority.
(2) ASSOCIATE. When used to indicate a relationship with: (A) a domestic or foreign entity
for which the person is: (i) an officer or governing person; or (ii) a beneficial...
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34-27-57
Section 34-27-57 Acts constituting violation of article - Sell, etc., interest in plan
to third person that substantially affects rights of other owners. (a) It shall be a violation
of this article for any seller of vacation time-sharing plans to sell, lease, assign, or otherwise
transfer the seller's interest in the vacation time-sharing plan or the accommodations or
facilities to a third party when such a sale, lease, assignment, or other transfer substantially
affects the rights of other owners or lessees of the time-share units, unless: (1) The third
party agrees in writing to: a. Fully honor the rights of purchasers of the vacation time-sharing
plan to occupy and use the accommodations or facilities; and b. Fully honor rights of purchasers
of the vacation time-sharing plan to cancel their contracts and receive an appropriate refund
as provided in this article; and c. Comply with the provisions of this article for as long
as the third party continues to sell the vacation...
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34-27-55
Section 34-27-55 Acts constituting violation of article - Failure to refund all payments;
failure to place all funds in escrow account. It shall be a violation of this article for
a seller of vacation time-sharing plans to: (1) Fail to refund any and all payments made by
the buyer under the contract and return any negotiable instrument, other than checks, executed
by the buyer in connection with the contract or services within 20 days after receipt of notice
of cancellation made pursuant to Section 34-27-53, if the buyer has not received any
benefits pursuant to the contract. (2) If the buyer has received any benefits pursuant to
the contract, fail to refund within 30 days after receipt of notification of cancellation
made pursuant to Section 34-27-53 or Section 34-27-54 any and all payments made
by the buyer to the seller which exceed a pro rata portion of the total price, taking into
consideration the cost of use of the time-share facilities at an average rental rate per unit
for all...
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34-27-58
Section 34-27-58 Acts constituting violation of article - Failure to place 50 percent
of cash, etc., received in escrow; failure to provide liability insurance, etc. (a) It shall
be a violation of this article for a seller of vacation time-sharing lease plans to fail to:
(1) Place in escrow 50 percent of the cash and receivables received from the purchasers of
such plans, such receivables to be assessed at net principal value. a. The purpose of such
escrow account is to protect the purchaser's right to a refund if at any time the accommodations
and facilities are no longer available as provided in the contract; provided however, nothing
contained in this section shall operate to deny the seller the option to repair, replace,
or reconstruct, within a reasonable time, the accommodations or facilities, if destroyed or
damaged. b. The purchaser shall be entitled to a refund from the escrow account upon the conditions
described above in an amount which represents the buyer's pro rata share...
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34-27-66
Section 34-27-66 Examination and license requirements; issuance and renewal of license;
inactive status; change of address. (a) Any person desiring to act as a seller of vacation
time-sharing plans shall file with the commission a written application upon such form as
the commission shall designate and shall pass to the satisfaction of the commission the examination
hereinafter prescribed. (b) Prerequisites for taking the vacation time-sharing sales examination
are as follows: (1) Evidence satisfactory to the commission that the applicant bears a good
reputation for honesty and truthfulness. (2) The applicant should not have been convicted
of any criminal offense involving moral turpitude or of any felony in this or any other state.
(3) The applicant shall be at least 19 years of age. (4) The applicant shall be a citizen
of the United States or, if not a citizen of the United States, a person who is legally present
in the United States with appropriate documentation from the federal...
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10A-2A-1.20
Section 10A-2A-1.20 Requirements for filing instruments; extrinsic facts. (a) Whenever
any filing instrument is to be filed with the Secretary of State or in accordance with this
chapter, such instrument shall be executed as follows: (1) Except as provided in subsection
(a)(3), the certificate of incorporation, and any other instrument to be filed before the
election of the initial board of directors if the initial directors were not named in the
certificate of incorporation, shall be signed by the incorporator or incorporators or the
successors and assigns of the incorporator or incorporators. If any incorporator is not available
then any other instrument may be signed, with the same effect as if the incorporator had signed
it, by any person for whom or on whose behalf the incorporator, in executing the certificate
of incorporation, was acting directly or indirectly as employee or agent, provided that the
other instrument shall state that the incorporator is not available and the...
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10A-2A-11.04
Section 10A-2A-11.04 Action on a plan of merger or stock exchange. In the case of a
corporation that is a constituent organization or the acquired entity in a stock exchange,
the plan of merger or stock exchange shall be adopted in the following manner: (a) The plan
of merger or stock exchange shall first be adopted by the board of directors. (b) Except as
provided in subsections (h), (j), and (l) and in Section 10A-2A-11.05, the plan of
merger or stock exchange shall then be approved by the stockholders. In submitting the plan
of merger or stock exchange to the stockholders for approval, the board of directors shall
recommend that the stockholders approve the plan or, in the case of an offer referred to in
subsection (j)(2), that the stockholders tender their stock to the offeror in response to
the offer, unless (i) the board of directors makes a determination that because of conflicts
of interest or other special circumstances it should not make a recommendation or (ii) Section...

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8-6-2
Section 8-6-2 Definitions. When used in this article, unless the context otherwise requires,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) COMMISSION or SECURITIES COMMISSION. The securities commission. (2) AGENT. Any individual
other than a dealer who represents a dealer or issuer in effecting or attempting to effect
sales of securities, but such term does not include an individual who represents an issuer
in: a. Effecting a transaction in a security exempted by subdivisions (1), (2), (3), (4),
(9) or (10) of Section 8-6-10; b. Effecting transactions exempted by Section
8-6-11; or c. Effecting transactions with existing employees, partners, or directors of the
issuer if no commission or other remuneration is paid or given directly or indirectly for
soliciting any person in this state. A partner, officer, or director of a dealer or issuer
is an agent if he otherwise comes within this definition. (3) DEALER. Any person engaged in
the...
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