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34-27-67
Section 34-27-67 Registration required of every plan offered for sale. Every vacation time-sharing
plan for sale or offered for sale in this state shall be registered with the Alabama Real
Estate Commission as follows: (1) Upon receipt of an application for registration in the required
form, the commission shall forthwith initiate an examination to determine that: a. The seller
may convey or cause to be conveyed the vacation time-sharing plan offered for sale if the
purchaser complies with the terms of the offer. b. The advertising material and general promotional
plan are not false or misleading as determined by the commission. c. The requirements of this
article and the rules of the commission have been fulfilled. d. The seller has not, or, if
a corporation, its officers, directors, and principals have not been convicted of any crime
involving land dispositions, any crime of moral turpitude, any securities law violation, fraudulent
business activity, or any aspect of the vacation...
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34-27-51
Section 34-27-51 Acts constituting violation of article - Sell, etc.; without license; failure
to provide certain documents at time of registration; failure to follow rules of advertising.
It shall be a violation of this article for any seller of vacation time-sharing plans to:
(1) Sell, lease, encumber, or convey in any manner or to solicit or advertise such transactions
unless the seller has been duly licensed under the provisions of Section 34-27-66 and unless
the vacation time-sharing plan and the units thereby affected have first been registered with
the commission. Provided, however, that the registration requirements of this article shall
not apply to nor restrict the listing and resale of any vacation time-sharing plan when: a.
The vacation time-sharing plan to be resold is within an existing time-sharing facility currently
registered with the commission pursuant to the requirements of this article; and b. The vacation
time-sharing plan to be resold is subject to the identical...
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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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34-27-64
Section 34-27-64 Registration fees; assessment of costs of investigating violation of article.
(a) For the registration of all vacation time-sharing plans and the accommodations and facilities
affected thereby which are located within the state, there shall be paid to the commission
the initial sum of seven hundred fifty dollars ($750), together with an annual renewal fee
of seven hundred fifty dollars ($750). In addition to submitting an annual renewal fee, each
time-sharing plan must submit an audited annual financial statement of the entity or person
in whose name the plan is registered done by a certified public accountant and such other
materials as the commission shall require for an annual registration renewal. For amendments
or changes to each sales promotion including brochures, pamphlets, advertisements, or other
materials disseminated to the public required pursuant to subdivision (2) of Section 34-27-51,
there shall be paid a fee of twenty dollars ($20) at the time of...
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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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16-44B-1
Commission may deem appropriate. The executive director shall serve as secretary to the Interstate
Commission, but shall not be a Member of the Interstate Commission. The executive director
shall hire and supervise such other persons as may be authorized by the Interstate Commission.
D. The Interstate Commission's executive director and its employees shall be immune from suit
and liability, either personally or in their official capacity, for a claim for damage to
or loss of property or personal injury or other civil liability caused or arising
out of or relating to an actual or alleged act, error, or omission that occurred, or that
such person had a reasonable basis for believing occurred, within the scope of Interstate
Commission employment, duties, or responsibilities; provided, that such person shall not be
protected from suit or liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person. 1. The liability of...
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40-2B-2
as it deems best adapted for public convenience. Such publications shall be made permanently
available and constitute the official reports of the Alabama Tax Tribunal. (p) Service of
Process. (1) Mailing by first class or certified or registered mail, postage prepaid, to the
address of the taxpayer given on the taxpayer's notice of appeal, or to the address of the
taxpayer's representative of record, if any, or to the usual place of business of the Department
of Revenue, shall constitute personal service on the other party. The Alabama Tax Tribunal,
by rule, may prescribe that notice by other means shall constitute personal service
and, in a particular case, may order that notice be given to additional persons or by other
means. (2) Mailing by registered or certified mail and delivery by a private delivery service
approved by the Internal Revenue Service in accordance with Section 7502(f) of the Internal
Revenue Code of 1986, as amended, shall be deemed to have occurred,...
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8-6-11
Section 8-6-11 Registration of securities - Exempt transactions. (a) Except as hereinafter
in this section expressly provided, Sections 8-6-3 through 8-6-9 shall not apply to any of
the following transactions: (1) Any isolated nonissuer transaction, whether effected through
a dealer or not; (2) Any nonissuer transaction in an outstanding security by a registered
dealer if: a. The issuer has a class of securities subject to registration under Section 12
of the Securities Exchange Act of 1934 and has been subject to the reporting requirements
of Sections 13 or 15(d) of the Securities Exchange Act of 1934 for not less than 180 days
before the transaction; or has filed and maintained with the commission for not less than
180 days before the transaction information, in such form as the commission, by rule, specifies,
substantially comparable to the information which the issuer would be required to file under
Section 12(b) or Section 12(g) of the Securities Exchange Act of 1934, or the...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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33-18-1
of the ACT Basin, and to share this information among the commission members and with others;
(10) To cooperate with appropriate state, federal, and local agencies or any other person
in the development, ownership, sponsorship, and operation of water resource facilities in
the ACT Basin; provided, however, that the commission shall not own or operate a federally-owned
water resource facility unless authorized by the United States Congress; (11) To acquire,
receive, hold and convey such personal and real property as may be necessary for the
performance of its duties under the compact; provided, however, that nothing in this compact
shall be construed as granting the ACT Basin Commission authority to issue bonds or to exercise
any right of eminent domain or power of condemnation; (12) To establish and modify an allocation
formula for apportioning the surface waters of the ACT Basin among the States of Alabama and
Georgia; and (13) To perform all functions required of it by this...
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