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34-27-56
Section 34-27-56 Acts constituting violation of article - Misrepresentation. It shall be a
violation of this article for any seller of vacation time-sharing plans, or his or her assignees,
to misrepresent in any manner the buyer's right to cancel provided by this article. (Acts
1983, No. 83-670, p. 1035, ยง7.)...
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34-27-60
Section 34-27-60 Acts constituting violation of article - Misrepresentation; waiver of rights
of purchasers; sale, etc., without license; bad checks. It shall be a violation of this article
for any seller of vacation time-sharing plans to: (1) Use any promotional device, including
but not limited to sweepstakes, lodging certificates, gift awards, premiums, or discounts,
without fully disclosing that such promotional devices are being used for the purpose of soliciting
the sale of vacation time-sharing plans and without fully disclosing the fair market value
of each award or prize offered and the approximate odds of receiving each award or prize offered.
(2) Use any promotional device as set forth above to obtain the names and addresses of prospective
purchasers without fully and prominently disclosing that names and addresses so acquired will
be used for the purpose of soliciting the sale of the vacation time-sharing plans. (3) Misrepresent
the amount of time or period of time the...
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34-27-52
Section 34-27-52 Acts constituting violation of article - Failure to keep certain items among
business records. It shall be a violation of this article for any owner or business entity
offering vacation time-sharing plans for sale to the public to fail to keep among its business
records the following: (1) A copy of each item required to be submitted to the commission
under Section 34-27-51. (2) A copy of the contract from each sale of the vacation time-sharing
plan, which contract shall be retained for a period of at least three years after parties
to the vacation time-sharing plan have completely performed all of their obligations thereunder.
(3) A list of all employees and independent contractors involved in the development, sale,
or advertising of the vacation time-sharing plan or plans, including their last known mailing
addresses, which list shall include all current employees and all previous employees whose
employment has been terminated within the preceding 36 months. (Acts...
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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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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-6-2.htm - 11K - Match Info - Similar pages
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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34-27-63
Section 34-27-63 Filing of plan relating to units not substantially completed requires filing
of additional documents. If a seller files with the commission any vacation time-sharing plan
or any amendment thereto which describes or concerns time-sharing units, accommodations, or
facilities not substantially completed, the seller shall file with the commission the following:
(1) A notarized statement showing all costs involved in completing each phase of the project.
(2) A notarized statement of the time of completion of construction of each phase of the project.
(3) Satisfactory evidence of sufficient funds to cover all costs to complete the project.
(4) A copy of the executed construction contract and any other contracts for the completion
of the project. (5) A 100 percent payment performance bond payable to the State of Alabama
from a surety company authorized to do business in Alabama, covering the entire cost of construction
necessary to complete the project. (6) If purchasers'...
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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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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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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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