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37-7-10
Section 37-7-10 Enumerated powers. A corporation created under the provisions of this chapter
shall have power to do any and all acts or things necessary or convenient for carrying out
the purpose for which it was formed, including, but not limited to the power: To sue and be
sued; to have a seal and alter the same at pleasure; to acquire, hold and dispose of property,
real and personal, tangible and intangible, or interests therein, and to pay therefor in cash
or on credit, and to secure and procure payment of all or any part of the purchase price thereof
on such terms and conditions as the board shall determine; to acquire, own, operate, maintain
and improve a system or systems; to pledge all or any part of its revenues or mortgage or
otherwise encumber all or any part of its property for the purpose of securing the payment
of the principal of and interest on any of its obligations; to construct works across or along
any street or public highway or over any lands which are now or may...
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7-9A-403
Section 7-9A-403 Agreement not to assert defenses against assignee. (a) "Value."
In this section, "value" has the meaning provided in Section 7-3-303(a). (b) Agreement
not to assert claim or defense. Except as otherwise provided in this section, an agreement
between an account debtor and an assignor not to assert against an assignee any claim or defense
that the account debtor may have against the assignor is enforceable by an assignee that takes
an assignment: (1) for value; (2) in good faith; (3) without notice of a claim of a property
or possessory right to the property assigned; and (4) without notice of a defense or claim
in recoupment of the type that may be asserted against a person entitled to enforce a negotiable
instrument under Section 7-3-305(a). (c) When subsection (b) not applicable. Subsection (b)
does not apply to defenses of a type that may be asserted against a holder in due course of
a negotiable instrument under Section 7-3-305(b). (d) Omission of required statement...
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10A-5-4.02
Section 10A-5-4.02 Limited liability company property. REPEALED IN THE 2014 REGULAR SESSION
BY ACT 2014-144 EFFECTIVE JANUARY 1, 2017. (a) Property may be acquired, held, and conveyed
in the name of the limited liability company. Any estate in real property may be acquired
in the name of the limited liability company and title to any estate so acquired shall vest
in the limited liability company itself rather than in the members individually. (b) All property
originally contributed to the limited liability company or subsequently acquired by a limited
liability company by purchase or otherwise is limited liability company property. A member
has no interest in specific limited liability company property. (c) Except as provided in
subsection (d), title to property of the limited liability company that is held in the name
of the limited liability company may be transferred by an instrument of transfer executed
by any member in the name of the limited liability company. (d) If the...
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16-47A-5
Section 16-47A-5 Board of Trustees - Powers and duties. (a) The board shall have all the rights,
privileges, and franchises necessary to the promotion of the ends of its creation, and shall
be charged with all corresponding duties, liabilities, and responsibilities. The board may
hold and may lease, sell, or, in any other manner not inconsistent with the object or terms
of the grant or grants under which it holds, dispose of any property, real or personal, or
any estate or interest therein remaining, of any grant by any governmental unit or by any
person, or accruing to the corporation from any source, as the board may deem best for the
purposes of the university. The president of the university, with the approval of the board,
may execute any lease, deed, or other instrument of conveyance on behalf of the corporation,
without additional approval. (b) The board shall have the exclusive authority over and jurisdiction
of land, buildings, and other capital improvements now existing on or...
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16-53-2
Section 16-53-2 Corporate powers. Such corporation shall have all the rights, privileges, and
franchises necessary to the promotion of the ends of its creation, and shall be charged with
all corresponding duties, liabilities, and responsibilities. Such corporation may hold and
may lease, sell, or, in any other manner not inconsistent with the object or terms of the
grant or grants under which it holds, dispose of any property, real or personal, or any estate
or interest therein remaining, of any grant by any governmental unit or by any person, or
accruing to the corporation from any source, as it may deem best for the purposes of the university.
The president with the approval of the board shall be authorized to execute any lease, deed,
or other instrument of conveyance on behalf of the corporation, without additional approval.
The board of trustees shall have the exclusive authority over and jurisdiction of land, buildings,
and other capital improvements now existing on or hereinafter...
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35-12-78
Section 35-12-78 Notification of abandoned property. (a) It is specifically recognized that
the state has an obligation to make an effort to notify apparent owners of abandoned property
in a cost-effective manner. (b) The Treasurer shall make at least one active attempt to notify
apparent owners of the existence of abandoned property held by the office of the Treasurer.
Within 12 months of the receipt of the property, the Treasurer shall mail a postcard notification
to the apparent owner containing all of the following information set forth in the report
filed by the holder: (1) The name of each person appearing to be the owner of the property.
(2) The last known address or location of each person appearing to be the owner of the property.
(3) A statement explaining that the property of the apparent owner is presumed to be abandoned
and has been delivered into the protective custody of the Treasurer. (4) A statement that
information about the property and its return to the owner is...
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40-29-23
Section 40-29-23 Levy and distraint. (a) Authority of commissioner or delegate. If any person
liable to pay any final assessment of tax neglects or refuses to pay the same or fails to
appeal such final assessment within 30 days, it shall be lawful for the commissioner to collect
such tax (and such further sum as shall be sufficient to cover the expenses of the levy) as
herein provided or as otherwise provided by law. The commissioner may levy upon all property
and rights for property belonging to such person or on which there is a lien as provided in
this chapter for the payment of such tax. If the Commissioner of Revenue or his delegate makes
a finding that the collection of such tax is in jeopardy, notice and demand for immediate
payment of such tax may be made and, upon failure or refusal to pay such tax, collection thereof
by levy shall be lawful without regard to the 30-day period provided in this chapter. (b)
Seizure and sale of property. The term "levy" as used in this chapter...
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40-9E-1
Section 40-9E-1 Definitions. For purposes of this chapter only, the following terms shall have
the following meanings: (1) BASE YEAR. The taxable year immediately before the taxable year
in which property first becomes qualified property under this chapter. (2) BASE YEAR VALUE.
The value of the property used to determine the assessment on which the property tax on property
is imposed for the base year. Base year value does not include any new property that is first
assessed in the base year. (3) ELIGIBLE ASSESSMENT. The difference between the base year value
and the actual value as determined by the county tax assessor for the applicable taxable year.
(4) ENHANCED USE LEASE AREA. Any area of a military installation which contains underutilized
real or personal property, or both, that is leased by a secretary of a military department
to a lessee pursuant to the authority provided in 10 U.S.C. ยง2667. (5) LOCAL GOVERNING BODY.
The governing body of a county or municipality which proposes...
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8-19-3
Section 8-19-3 Definitions. As used in this chapter, the following words and phrases shall
have the meanings hereinafter ascribed to them: (1) ATTORNEY GENERAL. The Attorney General
of the State of Alabama or his duly designated representatives. (2) CONSUMER. Any natural
person who buys goods or services for personal, family or household use. (3) GOODS. Includes
but is not limited to any property, tangible or intangible, real, personal, or any combination
thereof, and any franchise, license, distributorship, or other similar right, privilege, or
interest. (4) KNOW, KNOWING, KNOWINGLY, KNOWLEDGE, and KNEW. Either actual awareness or such
awareness as a reasonable person should have considering all the surrounding circumstances.
(5) PERSON. Includes but is not limited to natural persons, corporations, trusts, partnerships,
incorporated or unincorporated associations and any other legal entity. (6) SALE, BUYING,
and DISTRIBUTION. In addition to their ordinary meanings, include but are not...
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10A-5A-4.08
Section 10A-5A-4.08 Duties of persons with direction and oversight. (a)(1) The duties a person
who has the authority to direct and oversee the activities and affairs of a limited liability
company owes to the limited liability company and to the members of the limited liability
company include the duty of loyalty and the duty of care as described in subsections (b) and
(d)(1). (2) The duties a person who has the authority to direct and oversee the activities
and affairs of a series of a limited liability company owes to that series and the members
associated with that series include the duty of loyalty and the duty of care as described
in subsections (c) and (d)(2). (b) The duty of loyalty of a person described in subsection
(a)(1) to a limited liability company and its members includes each of the following: (1)
To account to the limited liability company and to hold as trustee for it any property, profit,
or benefit derived by that person in the conduct or winding up of the limited...
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