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20-2-68
Section 20-2-68 Liability for actions regarding investigations or disciplinary proceedings.
Any member of the board, any agent, employee, consultant, or attorney of the board, any person
making any report or rendering any opinion or supplying any evidence or information or offering
any testimony to the board in connection with any investigation or hearing conducted by the
board as authorized in this article, shall be immune from any lawsuit or legal proceeding
for any conduct in the course of his or her official duties with respect to such investigations
or hearings. (Act 2009-489, p. 891, §1.)...
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41-4-63
Section 41-4-63 Refund of money paid for invalid or unissued bonds, etc. - Application to comptroller;
proceedings. Any person, firm or corporation entitled to the benefit of Section 41-4-62 and
desiring to obtain relief hereunder may file an application with the Comptroller of the state,
stating the facts upon which relief is sought, verified by his affidavit or that of a duly
authorized agent or representative having knowledge of the facts, and when such an application
is filed, the Comptroller shall ascertain from the records of the Treasurer of Alabama and
other records whether the facts are correctly set forth in the application, and if it is made
to appear to the satisfaction of the Comptroller that the state has actually received the
funds or money of the applicant under the circumstances named in Section 41-4-62, upon the
approval of the Governor and the Treasurer, the Comptroller shall draw a warrant on the treasurer
for the payment to such person, firm or corporation of the...
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6-6-160
Section 6-6-160 Claim of persons not party to writ of execution or attachment, etc., to personal
property levied on; affidavit and bond; delivery of property to claimant. When an execution,
attachment or other like writ, issued from any court or by any officer, is levied on personal
property as to which any person not a party to the writ claims to own the title, legal, or
equitable, or a lien paramount to the right, title, or interest in the property of the defendant
in the writ, such person may try the right to such property before a sale thereof upon making
affidavit by himself, his agent, or attorney, which may be taken by the officer levying the
writ or any officer authorized to administer oaths that he holds such title to, or such lien
upon, the property claimed and executing bond with two good and sufficient sureties, to be
approved by the officer making the levy and payable to the plaintiff in double the value of
the property levied on and claimed, the value thereof to be...
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7-3-403
Section 7-3-403 Unauthorized signature. (a) Unless otherwise provided in this article or Article
4, an unauthorized signature is ineffective except as the signature of the unauthorized signer
in favor of a person who in good faith pays the instrument or takes it for value. An unauthorized
signature may be ratified for all purposes of this article. (b) If the signature of more than
one person is required to constitute the authorized signature of an organization, the signature
of the organization is unauthorized if one of the required signatures is lacking. (c) The
civil or criminal liability of a person who makes an unauthorized signature is not affected
by any provision of this article which makes the unauthorized signature effective for the
purposes of this article. (Acts 1995, No. 95-668, p. 1381, §1.)...
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7-9A-615
Section 7-9A-615 Application of proceeds of disposition; liability for deficiency and right
to surplus. (a) Application of proceeds. A secured party shall apply or pay over for application
the cash proceeds of disposition under Section 7-9A-610 in the following order to: (1) the
reasonable expenses of retaking, holding, preparing for disposition, processing, and disposing,
and, to the extent provided for by agreement and not prohibited by law, reasonable attorney's
fees and legal expenses incurred by the secured party; (2) the satisfaction of obligations
secured by the security interest or agricultural lien under which the disposition is made;
(3) the satisfaction of obligations secured by any subordinate security interest in or other
subordinate lien on the collateral if: (A) the secured party receives from the holder of the
subordinate security interest or other lien an authenticated demand for proceeds before distribution
of the proceeds is completed; and (B) in a case in which a...
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10A-5A-1.02
Section 10A-5A-1.02 Definitions. Notwithstanding Section 10A-1-1.03, as used in this chapter,
unless the context otherwise requires, the following terms mean: (a) "Certificate of
formation," with respect to a limited liability company, means the certificate provided
for by Section 10A-5A-2.01, and the certificate as amended or restated. (b) "Constituent
limited liability company" means a constituent organization that is a limited liability
company. (c) "Constituent organization" means an organization that is party to a
merger under Article 10. (d) "Converted organization" means the organization into
which a converting organization converts pursuant to Article 10. (e) "Converting limited
liability company" means a converting organization that is a limited liability company.
(f) "Converting organization" means an organization that converts into another organization
pursuant to Article 10. (g) "Disqualified person" means any person who is not a
qualified person. (h) "Distribution" except...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-5A-1.02.htm - 5K - Match Info - Similar pages
6-6-391
Section 6-6-391 Affidavit of amount due plaintiff. To obtain such writ of garnishment, the
plaintiff, his agent or attorney must make, before an officer authorized to administer oaths,
and file, with the clerk of the court in which the action is pending or the judgment was entered,
an affidavit stating the amount due from the defendant to the plaintiff, or his assignee,
that process of garnishment is believed to be necessary to obtain satisfaction thereof and
that the person to be summoned as garnishee is believed to be chargeable as garnishee in the
case. It is not ground of objection that two or more persons having separate interests are
mentioned as garnishees. (Code 1852, §2471; Code 1867, §2892; Code 1876, §3219; Code 1886,
§§2968, 2973; Code 1896, §2173; Code 1907, §4302; Code 1923, §8053; Code 1940, T. 7,
§997.)...
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7-3-204
Section 7-3-204 Indorsement. (a) "Indorsement" means a signature, other than that
of a signer as maker, drawer, or acceptor, that alone or accompanied by other words is made
on an instrument for the purpose of (i) negotiating the instrument, (ii) restricting payment
of the instrument, or (iii) incurring indorser's liability on the instrument, but regardless
of the intent of the signer, a signature and its accompanying words is an indorsement unless
the accompanying words, terms of the instrument, place of the signature, or other circumstances
unambiguously indicate that the signature was made for a purpose other than indorsement. For
the purpose of determining whether a signature is made on an instrument, a paper affixed to
the instrument is a part of the instrument. (b) "Indorser" means a person who makes
an indorsement. (c) For the purpose of determining whether the transferee of an instrument
is a holder, an indorsement that transfers a security interest in the instrument is...
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7-3-420
Section 7-3-420 Conversion of instrument. (a) An instrument is converted under circumstances
which would constitute conversion under personal property law. An instrument is also converted
if it is taken by transfer, other than a negotiation, from a person not entitled to enforce
the instrument or a bank makes or obtains payment with respect to the instrument for a person
not entitled to enforce the instrument or receive payment. An action for conversion of an
instrument may not be brought by (i) the issuer or acceptor of the instrument or (ii) a payee
or indorsee who did not receive delivery of the instrument either directly or through delivery
to an agent or a co-payee. (b) In an action under subsection (a), the measure of liability
is presumed to be the amount payable on the instrument, but recovery may not exceed the amount
of the plaintiff's interest in the instrument. (c) A representative, other than a depositary
bank, who has in good faith dealt with an instrument or its proceeds...
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8-6-140
Section 8-6-140 Definitions. For the purposes of this article, the following words have the
following meanings unless the context otherwise requires: (1) BENEFICIARY FORM. A registration
of a security which indicates the present owner of the security and the intention of the owner
regarding the person who will become the owner of the security upon the death of the owner.
(2) DEVISEE. Any person designated in a will to receive a disposition of real or personal
property. (3) HEIRS. Those persons, including the surviving spouse, who are entitled under
the statutes of intestate succession to the property of a decedent. (4) PERSON. An individual,
a corporation, an organization, or other legal entity. (5) PERSONAL REPRESENTATIVE. Includes
executor, administrator, successor personal representative, special administrator, and persons
who perform substantially the same function under the law governing their status. (6) PROPERTY.
Includes both real and personal property or any interest therein...
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