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40-2B-2
as it deems best adapted for public convenience. Such publications shall be made permanently
available and constitute the official reports of the Alabama Tax Tribunal. (p) Service of
Process. (1) Mailing by first class or certified or registered mail, postage prepaid, to the
address of the taxpayer given on the taxpayer's notice of appeal, or to the address of the
taxpayer's representative of record, if any, or to the usual place of business of the Department
of Revenue, shall constitute personal service on the other party. The Alabama Tax Tribunal,
by rule, may prescribe that notice by other means shall constitute personal service
and, in a particular case, may order that notice be given to additional persons or by other
means. (2) Mailing by registered or certified mail and delivery by a private delivery service
approved by the Internal Revenue Service in accordance with Section 7502(f) of the Internal
Revenue Code of 1986, as amended, shall be deemed to have occurred,...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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16-44B-1
Commission may deem appropriate. The executive director shall serve as secretary to the Interstate
Commission, but shall not be a Member of the Interstate Commission. The executive director
shall hire and supervise such other persons as may be authorized by the Interstate Commission.
D. The Interstate Commission's executive director and its employees shall be immune from suit
and liability, either personally or in their official capacity, for a claim for damage to
or loss of property or personal injury or other civil liability caused or arising
out of or relating to an actual or alleged act, error, or omission that occurred, or that
such person had a reasonable basis for believing occurred, within the scope of Interstate
Commission employment, duties, or responsibilities; provided, that such person shall not be
protected from suit or liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person. 1. The liability of...
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43-2-692
Section 43-2-692 Petition for summary distribution; when surviving spouse or distributee entitled
to personal property without administration. (a) The surviving spouse, if there is
one, otherwise the distributees of an estate of personal property only, may initiate
a proceeding for summary distribution of the estate by filing a verified petition in the office
of the judge of probate of the county in which the decedent was domiciled at death alleging
the conditions provided in subsection (b). The petition shall include a description of the
estate of the decedent. No bond shall be required to be filed with the petition. (b) The surviving
spouse or distributee shall have a defeasible right to the personal property of the
decedent without awaiting the appointment of a personal representative or the probate
of a will if all of the following conditions exist: (1) The value of the entire estate does
not exceed twenty-five thousand dollars ($25,000). This figure shall be adjusted annually
for...
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35-12-91
Section 35-12-91 Interstate agreements. (a) The Treasurer may enter into an agreement with
another state to exchange information relating to abandoned property or its possible existence.
The agreement may permit the other state, or another person acting on behalf of a state, to
examine records as authorized in Section 35-12-89. The Treasurer, by rule, may require the
reporting of information needed to enable compliance with an agreement made under this section
and prescribe the form. (b) The Treasurer may join with another state to seek enforcement
of this article against any person who is or may be holding property reportable under this
article. (c) At the request of another state, the Attorney General of this state may maintain
an action on behalf of the other state to enforce, in this state, the unclaimed property laws
of the other state against a holder of property subject to escheat or a claim of abandonment
by the other state, if the other state has agreed to pay expenses...
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15-5-62
proceeds includes any property derived directly or indirectly from an offense. The term includes,
but is not limited to, money or any other means of exchange. The term is not limited to the
net gain or profit realized from the offense. b. In cases involving lawful goods or services
that are sold or provided in an unlawful manner, proceeds are the amount of money or other
means of exchange acquired through the illegal transaction resulting in the forfeiture, less
the direct costs lawfully incurred in providing the goods or services. The lawful costs deduction
does not include any part of the overhead expenses of, or taxes paid by, the entity providing
the goods or services. The alleged offender or delinquent has the burden to prove that any
costs are lawfully incurred. (8) PROPERTY. Any real or personal property and any benefit,
privilege, claim, position, interest in an enterprise, or right derived, directly or indirectly,
from the criminal offense. (Act 2014-306, p. 1103, §3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-5-62.htm - 3K - Match Info - Similar pages
7-9A-403
record include a statement to the effect that the rights of an assignee are subject to claims
or defenses that the account debtor could assert against the original obligee, and if the
record does not include such a statement: (1) the record has the same effect as if the record
included such a statement; and (2) the account debtor may assert against an assignee those
claims and defenses that would have been available if the record included such a statement.
(e) Rule for individual under other law. This section is subject to law other than this article
which establishes a different rule for an account debtor who is an individual and who incurred
the obligation primarily for personal, family, or household purposes. (f) Other law
not displaced. Except as otherwise provided in subsection (d), this section does not displace
law other than this article which gives effect to an agreement by an account debtor not to
assert a claim or defense against an assignee. (Act 2001-481, p. 647, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-403.htm - 2K - Match Info - Similar pages
43-2-696
Section 43-2-696 Effect of transfer pursuant to affidavit. The person making payment, delivery,
transfer or issuance of personal property or evidence thereof pursuant to the affidavit
prescribed in section 43-2-694 shall be discharged and released to the same extent as if made
to a personal representative of the decedent, and he shall not be required to see the
application thereof or to inquire into the truth of any statement in the affidavit if made
by any other person. If any person to whom such affidavit is delivered refuses to pay, deliver,
transfer or issue any personal property or evidence thereof, it may be recovered or
its payment, delivery, transfer or issuance compelled in an action brought for such purpose
by or on behalf of the person entitled thereto under sections 43-2-692 and 43-2-695 upon proof
of the defeasible right declared by such sections. Any person to whom payment, delivery, transfer
or issuance is made shall be answerable and accountable therefor to any personal...
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35-12-80
Section 35-12-80 Public sale of abandoned property. (a) Except as otherwise provided in this
section, the Treasurer, within three years after the receipt of abandoned property, shall
sell it to the highest bidder at public sale. The Treasurer may decline the highest bid and
reoffer the property for sale if the Treasurer considers the bid to be insufficient. The Treasurer
need not offer the property for sale, if the Treasurer considers that the probable cost of
sale will exceed the proceeds of the sale. A sale held under this section shall be preceded
by a single publication of notice, at least three weeks before sale, in a newspaper of general
circulation in the county in which the property is to be sold. (b) Securities listed on an
established stock exchange must be sold at prices prevailing on the exchange at the time of
sale. Other securities may be sold over the counter at prices prevailing at the time of sale
or by any reasonable method selected by the Treasurer. All securities...
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43-8-70
Section 43-8-70 Right of surviving spouse to elective share. (a) If a married person domiciled
in this state dies, the surviving spouse has a right of election to take an elective share
of the estate. The elective share shall be the lesser of: (1) All of the estate of the deceased
reduced by the value of the surviving spouse's separate estate; or (2) One-third of the estate
of the deceased. (b) The "separate estate" of the surviving spouse shall include:
(1) All property which immediately after the death of the decedent is owned by the spouse
outright or in fee simple absolute; (2) All legal and equitable interests in property the
possession or enjoyment of which are acquired only by surviving the decedent; and (3) All
income and other beneficial interests: a. Under a trust; b. In proceeds of insurance on the
life of the decedent; and c. Under any broad-based nondiscriminatory pension, profit-sharing,
stock bonus, deferred compensation, disability, death benefit or other such plan...
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