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10A-5-3.03
to a member-managed company and its other members under this chapter and under the operating
agreement and exercise any rights consistently with the obligation of good faith and fair
dealing. (i) A member of a member-managed company does not violate a duty or obligation under
this chapter or under the operating agreement merely because the member's conduct furthers
the member's own interest. (j) This section applies to a person winding up the limited liability
company's business as the personal or legal representative of the last surviving member
as if the person were a member. (k) If the management of a limited liability company is vested
in a manager or managers pursuant to subsection (b) of Section 10A-5-4.01, each of the following
applies: (1) The only duty a member who is not also a manager owes to the company or to the
other members solely by reason of being a member is to not disclose or otherwise use information
described in Sections 10A-1-3.31 and 10A-5-2.06(a), whether...
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19-3C-2
Section 19-3C-2 Definitions. In this chapter: (1) CHARITABLE PURPOSE means the relief of poverty,
the advancement of education or religion, the promotion of health, governmental or municipal
purposes, or other purposes the achievement of which is beneficial to the community. (2) ENDOWMENT
FUND means an institutional fund or part thereof that, under the terms of a gift instrument,
is not wholly expendable by the institution on a current basis. The term does not include
assets that an institution designates as an endowment fund for its own use. (3) GIFT INSTRUMENT
means a record or records, including an institutional solicitation, under which property is
granted to, transferred to, or held by an institution as an institutional fund. (4) INSTITUTION
means: (A) a person, other than an individual, organized and operated exclusively for charitable
purposes; (B) a government or governmental subdivision, agency, or instrumentality, to the
extent that it holds funds exclusively for a charitable...
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22-8A-3
by the law of this state to administer or provide health care in the ordinary course of business
or in the practice of a profession. (9) HEALTH CARE PROXY. Any person designated to act on
behalf of an individual pursuant to Section 22-8A-4. (10) LIFE-SUSTAINING TREATMENT. Any medical
treatment, procedure, or intervention that, in the judgment of the attending physician, when
applied to the patient, would serve only to prolong the dying process where the patient has
a terminal illness or injury, or would serve only to maintain the patient in a condition
of permanent unconsciousness. These procedures shall include, but are not limited to, assisted
ventilation, cardiopulmonary resuscitation, renal dialysis, surgical procedures, blood transfusions,
and the administration of drugs and antibiotics. Life-sustaining treatment shall not include
the administration of medication or the performance of any medical treatment where, in the
opinion of the attending physician, the medication or...
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25-4-8
Section 25-4-8 Employer. (a) Employer, as used in this chapter, prior to January 1, 1978, shall
mean any employing unit which was so defined in this chapter prior to such date. After December
31, 1977, except as otherwise provided in this chapter, employer, as used in this chapter
shall mean: (1) Any employing unit which, after December 31, 1977: a. In any calendar quarter
in either the current or preceding calendar year paid, for service in employment, wages of
one thousand five hundred dollars ($1,500) or more; or b. For some portion of a day in each
of 20 different calendar weeks, whether or not such weeks were consecutive, in either the
current or the preceding calendar year, had in employment at least one individual (irrespective
of whether the same individual was in employment in each such day). (2) Any employing unit
which, having become an employer under this chapter, has not under Sections 25-4-130 and 25-4-131
ceased to be an employer subject to this chapter. (3) For the...
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29-1-26
but not limited to, a local board of education, a two-year institution of higher education,
or a four-year institution of higher education. For purposes of this section, employee means
any of the following: (1) An employee as defined in Section 36-27-1, or a teacher as defined
in Section 16-25-1. An employee as defined in this subsection shall not include any person
receiving pension benefits from the Retirement Systems of Alabama. (2) A person who is personally
providing services under a personal or professional services contract paid for by the
department, agency, board, commission, or educational entity, including the Department of
Postsecondary Education or a two-year institution of higher education, except that persons
appointed by any court or any district attorney in this state to provide legal services on
a temporary, case-by-case, or part time basis shall not be considered an employee for purposes
of this section. (3) A person who has a substantial financial interest by...
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34-24-191
Section 34-24-191 Definitions. (a) For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed by this section: (1) BOARD. The Board
of Physical Therapy established by Section 34-24-192. (2) FOREIGN EDUCATED PHYSICAL THERAPIST.
A person trained or educated in the practice of physical therapy outside of the United States
or any of its territorial possessions. (3) IMPAIRED. The inability of a physical therapy licensee
to practice physical therapy with reasonable skill and safety to patients by reason of illness,
inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances, or
as a result of any physical or mental condition. (4) PHYSICAL THERAPY. The treatment of a
human being by the use of exercise, massage, heat, cold, water, radiant energy, electricity,
or sound for the purpose of correcting or alleviating any physical or mental condition or
preventing the development of any physical or mental disability, or...
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40-21-100
Section 40-21-100 Definitions. (a) For the purpose of this article, the following terms shall
have the respective meanings ascribed by this section: (1) BUSINESS. All activities relating
to the furnishing of utility services. (2) DEPARTMENT. The Department of Revenue of the State
of Alabama. (3) DOMESTIC WATER. All water except water that is sold to persons for use or
consumption in industrial processes and not primarily for human consumption. (4) GROSS RECEIPTS.
The value proceeding or accruing from the furnishing of utility services, all receipts actual
and accrued, without any deduction on account of the cost of the utility services sold, the
cost of the materials used, labor or service cost, interest paid, or any other expense whatever,
and without any deductions on account of losses. (5) GROSS SALES. The value proceeding or
accruing from the furnishing of utility services, and including the proceeds from the sale
of any utility services handled on consignment by the taxpayer,...
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5-19-1
this chapter and the meaning and application of "finance charge" under the above-referenced
Federal Truth-in-Lending Act, regulations and Official Staff Commentary, as the same may be
amended from time to time. (2) CONSUMER.When used as an adjective with reference to a credit
transaction, characterizes the credit transaction as one in which the party to whom credit
is extended is a natural person and the money, property, or services which are the subject
of the transaction are primarily for personal, family or household purposes. (3) CREDITOR.
A person who regularly extends or arranges for the extension of credit for which the payment
of a finance charge is required, whether in connection with loans, sales of property or services,
or otherwise. The provisions of this chapter apply to any such creditor irrespective of the
creditor's status as a natural person or any type of organization. A person is a creditor
only if the person extended or arranged for the extension of credit more than...
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5-26-3
by the Farm Credit Administration; and (b) Is registered with, and maintains a unique identifier
through, the Nationwide Mortgage Licensing System and Registry, or if prior to the Federal
Banking Agencies establishing a registration system, would be subject to registration under
the registration system when established by the Federal Banking Agencies and then would maintain
a unique identifier. (12) RESIDENTIAL MORTGAGE LOAN. The term "residential mortgage loan"
means any loan primarily for personal, family, or household use that is secured by
a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling
(as defined in Section 103(v) of the Truth in Lending Act) or residential real estate upon
which is constructed or intended to be constructed a dwelling. (13) RESIDENTIAL REAL ESTATE.
The term "residential real estate" means any real property located in Alabama, upon
which is constructed or intended to be constructed a dwelling. (14) SUPERVISOR. The...
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22-19-161
assistant by the State Board of Medical Examiners to remove or process a part. (35) "Technician"
means an individual determined to be qualified to remove or process parts by an appropriate
organization that is licensed, accredited, or regulated under federal or state law. The term
includes an enucleator. (36) "Tissue" means a portion of the human body other than
an organ or an eye. The term does not include blood unless the blood is donated for the purpose
of research or education. (37) "Tissue bank" means a person that is licensed, accredited,
or regulated under federal or state law to engage in the recovery, screening, testing, processing,
storage, or distribution of tissue. (38) "Transplant hospital" means a hospital
that furnishes organ transplants and other medical and surgical specialty services required
for the care of transplant patients. (39) "Will" means a disposition of real and
personal property to take effect after the death of a testator. (Act 2008-453, p. 867,
ยง1.)...
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