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40-16-1
exception that the credit for licenses or taxes as provided by Section 40-16-8 and the rules
adopted pursuant thereto by the Department of Revenue will not apply to amounts of excise
tax on financial institutions imposed hereby and paid by such parent corporation. Financial
institution shall not mean or include individual citizens and fiduciaries acting in a representative
capacity for individual citizens, not engaged in a banking, loan, investment, or similar business,
but merely making personal investments of personal or fiduciary funds in bonds,
notes, or other evidences of indebtedness and not made in competition with the business of
national banks, nor shall such term apply to insurance companies or insurance associations
merely making investments of reserves in bonds, notes or other evidences of indebtedness and
not made in competition with the business of national banks. (2) INTERNAL REVENUE CODE or
U.S.C. All references in this chapter to the Internal Revenue Code or to 26...
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8-13-1
Section 8-13-1 Definitions. Unless otherwise provided, the following words and phrases, when
used in this chapter, shall have the meanings respectively ascribed to them in this section:
(1) APPLICANT. Any person applying for a license under this chapter, including the principal,
if such person is the agent of another who is the true owner, notwithstanding whether that
other is an individual, partnership, association, firm, or corporation and notwithstanding
whether the name of the true owner appears on the application or not. (2) DISTRESS MERCHANDISE
SALE. Any offer to sell to the public or a sale to the public of goods, wares, or merchandise
on the implied or direct representation that such sale is being held other than in the ordinary
course of business and not otherwise defined herein. Without limiting the generality of the
above, "distress merchandise sales" shall include, but not be limited to, any sale
advertised either specifically or in substance to be any one of the following:...
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19-3-120.2
Section 19-3-120.2 Standards for fiduciary investment and management. (a) When investing, reinvesting,
purchasing, acquiring, exchanging, selling and managing property for the benefit of another,
a trustee, executor, administrator, guardian, conservator or other fiduciary, other than a
trustee governed by Chapter 3B, shall act with the care, skill, prudence, and diligence under
the circumstances then prevailing that a prudent person acting in a like capacity and familiar
with such matters would use to attain the purposes of the account. In making investment decisions,
a fiduciary shall consider the role that the investment plays within the account's overall
portfolio of assets and may consider the general economic conditions, the anticipated tax
consequences of the investment, the anticipated duration of the account and the needs of the
beneficiaries of the account. (b) The propriety of an investment decision is to be determined
by what a fiduciary knew or should have known at the time...
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34-27-2
Section 34-27-2 Definitions; exemptions from chapter. (a) For purposes of Articles 1 and 2
of this chapter, the following terms shall have the respective meanings ascribed by this section:
(1) ASSOCIATE BROKER. Any broker other than a qualifying broker. (2) BROKER. Any person licensed
as a real estate broker under Articles 1 and 2 of this chapter. (3) COMMISSION. The Alabama
Real Estate Commission, except where the context requires that it means the fee paid to a
broker or salesperson. (4) COMMISSIONER. A member of the commission. (5) COMPANY. Any sole
proprietorship, corporation, partnership, branch office, or lawfully constituted business
organization as the Legislature may provide for from time to time, which is licensed as a
company under Articles 1 and 2 of this chapter. (6) ENGAGE. Contractual relationships between
a qualifying broker and an associate broker or salesperson licensed under him or her whether
the relationship is employer-employee, independent contractor, or...
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5-25-5
Section 5-25-5 Application for license. (a) An application for a license under this chapter
shall be made in writing, under oath, and in the form as the department may prescribe. (b)
The application shall include all of the following: (1) The legal name, business address,
and telephone number of the applicant and, if the applicant is a partnership, association,
corporation, or other group of individuals, however organized, the legal name, residence,
and business address of every principal, together with the resume of the applicant and of
every principal of the applicant. (2) The name under which the applicant will conduct business
in the state. (3) The complete address of the applicant's initial registered office and any
other locations at which the applicant will engage in any business activity covered by this
chapter. (4) Any other data, financial statements, and pertinent information as the department
may require with respect to the applicant, its directors, principals, trustees,...
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35-8A-103
interest in, over, or under land, including structures, fixtures, and other improvements and
interests which by custom, usage, or law pass with a conveyance of land though not described
in the contract of sale or instrument of conveyance. "Real estate" includes parcels
with or without upper or lower boundaries, and spaces that may be filled with air or water.
(22) RESIDENTIAL PURPOSES. Use for dwelling or recreational purposes, or both. (23) SECURITY
INTEREST. An interest in real estate or personal property created by contract or conveyance,
which secures payment or performance of an obligation. The term includes a lien created by
a mortgage, vendor's lien, deed of trust, contract for deed, land sales contract, lease intended
as security, assignment of lease, rents intended as security, or any similar security device,
pledge of an ownership interest in an association, and any other consensual lien or title
retention contract intended as security for an obligation. (24) SPECIAL...
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40-12-391
Section 40-12-391 License - Generally. (a) No person shall be licensed as a motor vehicle dealer
under Section 40-12-51, 40-12-62, or 40-12-169, nor shall any person engage in business as,
serve in the capacity of, or act as a new motor vehicle dealer, used motor vehicle dealer,
motor vehicle rebuilder, or motor vehicle wholesaler in this state, without first obtaining
a master dealer license as provided in this article and, if a new motor vehicle dealer or
a used motor vehicle dealer, a state sales tax number. (b) No person shall engage in the business
of buying, selling, exchanging, advertising, or negotiating the sale of new motor vehicles
unless he or she holds a valid master dealer license as a new motor vehicle dealer in this
state for the make or makes of new motor vehicles being bought, sold, exchanged, advertised,
or negotiated or unless a bona fide employee or agent of the licensee. (c) No person, other
than a motor vehicle dealer licensed under this article or a recorded...
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8-26B-2
Section 8-26B-2 Definitions. In this chapter: (1) "Agency contract" means an agreement
in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete
a professional-sports-services contract or endorsement contract. (2) "Athlete agent":
(A) means an individual, whether or not registered under this chapter, who: (i) directly or
indirectly recruits or solicits a student athlete to enter into an agency contract or, for
compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment
for a student athlete as a professional athlete or member of a professional sports team or
organization; (ii) for compensation or in anticipation of compensation related to a student
athlete's participation in athletics: (I) serves the athlete in an advisory capacity on a
matter related to finances, business pursuits, or career management decisions, unless the
individual is an employee of an educational institution acting exclusively as an...
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40-19-1
(7) SEATING CAPACITY. The actual number of regular passenger-carrying seats in a motor vehicle.
(8) REGULAR PASSENGER-CARRYING SEATS. A seat ordinarily and customarily used by one passenger
but does not include folding or collapsible emergency aisle seats. (9) AXLE. A shaft on which
a wheel or wheels run and, for the purposes of this article, two such shafts connected in
tandem and commonly known as a tandem axle shall be considered one axle when not equipped
with dual wheels on either end of either shaft of such tandem axle. (10) TOUR BUS. Any motor
vehicle used for hire for transportation of persons and their personal property on
a charter which originates within or without the boundaries of the State of Alabama, the itinerary
of which is not of an established, repetitively scheduled nature utilizing routes and time
schedules approved by the Public Service Commission. (Acts 1939, No. 664, p. 1050, §1; Code
1940, T. 48, §301(33); Acts 1992, 2nd Ex. Sess., No. 92-710, p. 205, §3.)...
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34-1A-6
a motor vehicle, aircraft, or boat. (2) The installation of an alarm system on property owned
by or leased to the installer. (3) A person or business entity who owns, installs, services,
or monitors alarm systems, CCTV systems, electronic access control systems, or mechanical
locking systems, on property owned by or leased to him or her or the business entity or, if
the person or business entity does not charge for the system or its installation, installs
it for the protection of his or her personal property located on the property of another,
and does not install or monitor the system as a normal business practice on the property of
another. (4) A person or business entity whose sale of an alarm system, CCTV system, electronic
access control system, or mechanical lock is over-the-counter or by telephone, Internet, or
mail order and the person or business entity does not engage in the installation or service
of the system or locking mechanism in the state. (5) A person or business...
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