10A-10-1.15
Section 10A-10-1.15 Merger. (a) For purposes of this section, the following words shall have
the respective meanings ascribed to them: (1) ALABAMA REAL ESTATE INVESTMENT TRUST. A real
estate investment trust organized in compliance with the provisions of this chapter. (2) BUSINESS
TRUST. a. An entity described in Section 10A-16-1.01. b. An unincorporated trust or association,
including an Alabama real estate investment trust, a common-law trust, or a Massachusetts
trust, which is engaged in business and in which property is acquired, held, managed, administered,
controlled, invested, or disposed of for the benefit and profit of any person who may become
a holder of a transferable unit of beneficial interest in the trust. (3) DOMESTIC LIMITED
LIABILITY COMPANY. A limited liability company as defined under the Alabama Limited Liability
Company Law. (4) DOMESTIC LIMITED PARTNERSHIP. A limited partnership as defined under the
Alabama Limited Partnership Law. (5) FOREIGN BUSINESS TRUST. A...
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35-8-17
Section 35-8-17 Liens in favor of association. The association shall have a lien on each unit
for any unpaid assessment duly made by the association for a share of common expenses, limited
common expenses or otherwise, together with interest thereon and, if authorized by the declaration
or bylaws, reasonable attorney's fees. Such lien shall be effective from and after the time
of recording in the public records of the county in which the unit is located of a claim of
lien stating the description of the unit, the name of the record owner, the amount due, and
the date when due. Such claim of lien shall include only sums which are due and payable when
the claim of lien is recorded and shall be signed and verified by an officer or agent of the
association. Upon full payment of all sums secured by the lien, the party making payment shall
be entitled to a recordable satisfaction of lien. All such liens shall be subordinate to any
lien for taxes, the lien of any mortgage of record, and any...
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6-5-641
Section 6-5-641 Certification of classes. (a) No class of civil litigants shall be certified
or recognized by any court of the State of Alabama unless there shall have been compliance
with the procedures for certification of the class set forth in this article. (b) As soon
as practicable after the commencement of an action in which claims or defenses are purported
to be asserted on behalf of or against a class, or as soon as practicable after such assertions
in an amended pleading, but in no event prior to the time allowed by law for each party (including,
but not limited to, counterclaim, cross-claim, and third-party defendants) to file an answer
or other pleading responsive to the complaint, counterclaim, cross-claim, or third-party claim,
the court shall hold a conference among all named parties to the action for the purpose of
establishing a schedule, in the same manner and to the same extent contemplated by Ala.R.Civ.P.
16, for any discovery in which the parties may wish to engage...
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7-9A-102
term includes: (A) proceeds to which a security interest attaches; (B) accounts, chattel paper,
payment intangibles, and promissory notes that have been sold; and (C) goods that are the
subject of a consignment. (13) "Commercial tort claim" means a claim arising in
tort with respect to which: (A) the claimant is an organization; or (B) the claimant is an
individual and the claim: (i) arose in the course of the claimant's business or profession;
and (ii) does not include damages arising out of personal injury to or the death
of an individual. (14) "Commodity account" means an account maintained by a commodity
intermediary in which a commodity contract is carried for a commodity customer. (15) "Commodity
contract" means a commodity futures contract, an option on a commodity futures contract,
a commodity option, or another contract if the contract or option is: (A) traded on or subject
to the rules of a board of trade that has been designated as a contract market for such a
contract...
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35-11-451
Section 35-11-451 Brokers lien generally; recording notice; notice requirements; enforcement
of lien. (a) A real estate broker shall have a lien, in the amount of the compensation agreed
upon by and between the broker and his or her client, upon commercial real estate or any interest
therein which is subject to and described in the brokerage agreement and owned by a client
or by a party whose commercial real estate may be liened if different from the client who
has received written notice from the broker in conformity with subsection (f) prior to obtaining
an interest in the commercial real estate through a purchase, lease, or conveyance. Commercial
real estate, or an interest therein, acquired by a person other than a client prior to receipt
of the notice from the broker required by this division is not subject to the lien provided
by this division. The lien shall arise: (1) Upon the satisfaction of each of: a. Conveyance
of the commercial real estate identified in and subject to the...
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41-13-7
decertification. (2) IDENTIFYING INFORMATION. Any information, not including a person's name,
which used either alone or in conjunction with other information specifically identifies a
person or a person's property, and includes, but is not limited to, any of the following information
related to a person: a. Date of birth. b. Social Security number. c. Driver's license number.
d. Financial services account numbers, including checking and savings accounts. e. Credit
or debit card numbers. f. Personal identification numbers (PIN). g. Electronic identification
codes. h. Automated or electronic signatures. i. Biometric data. j. Fingerprints. k. Passwords.
l. Parents' legal surname prior to marriage. m. Name or names of any dependent child or children.
n. Home address or phone number. o. Any other numbers or information that can be used to access
a person's financial resources, obtain identification, act as identification, or obtain goods
or services. (b) Notwithstanding any other law to...
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10A-5A-8.02
the transferable interest is not fixed by the limited liability company agreement, the limited
liability company, within six months after the death or 30 days after the disqualification
or transfer, as the case may be, shall make a written offer to pay to the holder of the transferable
interest a specified price deemed by the limited liability company to be the fair value of
the transferable interest as of the date of the death, disqualification, or transfer. The
offer shall be given to the personal representative of the estate of the deceased member,
the disqualified person, or the transferee, as the case may be, and shall be accompanied by
a balance sheet of the limited liability company, as of the latest available date and not
more than 12 months prior to the making of the offer, and a profit and loss statement of the
limited liability company for the 12 months' period ended on the date of the balance sheet.
(c) If within 30 days after the date of the written offer from the limited...
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10A-8A-10.03
of the transferable interest is not fixed by the partnership agreement, the limited liability
partnership, within six months after the death or 30 days after the disqualification or transfer,
as the case may be, shall make a written offer to pay to the holder of the transferable interest
a specified price deemed by the limited liability partnership to be the fair value of the
transferable interest as of the date of the death, disqualification, or transfer. The offer
shall be given to the personal representative of the estate of the deceased partner,
the disqualified person, or the transferee, as the case may be, and shall be accompanied by
a balance sheet of the limited liability partnership, as of the latest available date and
not more than 12 months prior to the making of the offer, and a profit and loss statement
of the limited liability partnership for the 12-month period ended on the date of the balance
sheet. (c) If within 30 days after the date of the written offer from the...
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13A-9-150
improperly charted, coded, or billed for any medical or health care service, common practices,
including but not limited to, repayment, even years later, may use as a defense to, or ground
for dismissal of, a prosecution under this section. (i) The introduction into evidence of
a paid state warrant to the order of the defendant is prima facie evidence that the defendant
did receive public assistance from the state. (j) The introduction into evidence of a transaction
history generated by a personal identification number (PIN) establishing a purchase
or withdrawal by electronic benefit transfer is prima facie evidence that the identified recipient
received public assistance from the state. (k)(1) If an original record is admissible in any
case or proceeding in a court in the state, a certified copy of the record in the custody
of any federal or state agency relating to an investigation of public assistance fraud under
this section shall be admissible when certified and affirmed by the...
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6-5-501
to business, sells or otherwise distributes a manufactured product (a) prior to or (b) at the
time the manufactured product is first put to use by any person or business entity who did
not acquire the manufactured product for either resale or other distribution in its unused
condition or for incorporation as a component part in a manufactured product which is to be
sold or otherwise distributed in its unused condition. (2) PRODUCT LIABILITY ACTION. Any action
brought by a natural person for personal injury, death, or property damage caused
by the manufacture, construction, design, formula, preparation, assembly, installation, testing,
warnings, instructions, marketing, packaging, or labeling of a manufactured product when such
action is based upon (a) negligence, (b) innocent or negligent misrepresentation, (c) the
manufacturer's liability doctrine, (d) the Alabama extended manufacturer's liability doctrine,
as it exists or is hereafter construed or modified, (e) breach of any...
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