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35-4-435
Section 35-4-435 Notice requirements for existing private transfer fee obligations. (a) The
payee of a private transfer fee obligation imposed prior to May 25, 2011, shall record, prior
to December 31, 2011, against the real property subject to the private transfer fee obligation,
a separate document in the office of the judge of probate for each county in which the real
property is located which complies with all of the following requirements: (1) The title of
the document shall be "Notice of Private Transfer Fee Obligation" in at least 14-point
boldface type. (2) The amount, if the private transfer fee is a flat amount, or the percentage
of the sales price constituting the cost of the private transfer fee, or such other basis
by which the private transfer fee is to be calculated. (3) If the real property is residential
property, actual dollar-cost examples of the private transfer fee for a home priced at two
hundred fifty thousand dollars ($250,000), five hundred thousand dollars...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-4-435.htm - 5K - Match Info - Similar pages
35-4-434
Section 35-4-434 Disclosure. (a) Any contract for the sale of real property subject to a private
transfer fee obligation shall include a provision disclosing the existence of that obligation,
a description of the obligation, and a statement that private transfer fee obligations are
subject to certain prohibitions under this article. A contract for sale of real property which
does not conform to the requirements of this section is not enforceable by the seller against
the buyer, nor is the buyer liable to the seller for damages under such a contract, and the
buyer under the contract is entitled to the return of all deposits made in connection with
the sale of the real property. (b) Where a private transfer fee obligation is not disclosed
under subsection (a) and a buyer subsequently discovers the existence of the private transfer
fee obligation after title to the property has passed to the buyer, the buyer has the right
to recover both: (1) Any and all damages resulting from the failure...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-4-434.htm - 2K - Match Info - Similar pages
40-27-1
a tax measured in any way by the capital of a corporation considered in its entirety. 6. "Gross
receipts tax" means a tax, other than a sales tax, which is imposed on or measured by
the gross volume of business, in terms of gross receipts or in other terms, and in the determination
of which no deduction is allowed which would constitute the tax an income tax. 7. "Sales
tax" means a tax imposed with respect to the transfer for a consideration of ownership,
possession or custody of tangible personal property or the rendering of services measured
by the price of the tangible personal property transferred or services rendered and
which is required by state or local law to be separately stated from the sales price by the
seller, or which is customarily separately stated from the sales price, but does not include
a tax imposed exclusively on the sale of a specifically identified commodity or article or
class of commodities or articles. 8. "Use tax" means a nonrecurring tax, other than
a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-27-1.htm - 42K - Match Info - Similar pages
35-4-431
Section 35-4-431 Definitions. (a) As used in this article, the following words have the following
meanings: (1) ASSOCIATION. An association or unit owners' association, as defined in Section
35-8A-103 of the Alabama Uniform Condominium Act of 1991; an association as defined in Section
35-8-2 of the Condominium Ownership Act; or a nonprofit or cooperative membership organization
composed exclusively of owners of mobile homes, manufactured housing, time-shares, camping
resort interests, or other interests in real property that is responsible for the maintenance,
improvements, services, or expenses related to real property that is owned, used, or enjoyed
in common by the members. (2) PAYEE. The person or entity who claims the right to receive
or collect a private transfer fee payable under a private transfer obligation. A payee may
or may not have a pecuniary interest in the private transfer fee obligation. (3) PRIVATE TRANSFER
FEE. A fee or charge payable upon the transfer of an interest...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-4-431.htm - 5K - Match Info - Similar pages
11-89C-9
a public corporation, or with any other public corporation, authority, or district authorized
by the Legislature to implement this chapter. In furtherance of this objective, any governing
body may perform any of the functions and powers provided in Section 11-89C-4 for public corporations,
and any function or eligibility requirement provided or required for joining and participating,
and to transfer and convey to the public corporation, with or without consideration, any facilities,
real or personal property, money, or thing of value, including the services of employees
through loan, detail, or assignment. (d) Any governing body may establish, levy, and impose
by resolution or ordinance, any revenue-raising measure within its jurisdiction, including,
but not limited to, fees, charges, or assessments, without any referendum unless required
by the Constitution of Alabama of 1901, deemed necessary to implement this chapter or to comply
with all provisions of storm water laws, subject to...
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10A-1-8.02
the procedures and by the stockholder vote required by Article 11 of Chapter 2A. If the governing
documents of the corporation provide for approval of a merger by less than all of the corporation's
stockholders, approval of the merger shall constitute corporate action subject to appraisal
rights pursuant to Article 13 of Chapter 2A, as applicable. No merger of a corporation into
a general or limited partnership may be effected without the consent in writing of each stockholder
who will have personal liability with respect to the surviving entity, notwithstanding
any provision in the governing documents of the corporation that is a party to the merger
providing for less than unanimous stockholder approval for the conversion. b. In the case
of a nonprofit corporation that is a party to the merger, a plan of merger must be approved
by all the nonprofit corporation's members entitled to vote thereon, if it is a nonprofit
corporation with members with voting rights, or as otherwise provided...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-1-8.02.htm - 17K - Match Info - Similar pages
37-11A-1
by the Governor, or upon its otherwise becoming a law, and when the State of Mississippi ratifies
the compact. Article III. For purposes of this compact, the following terms shall have the
following meanings: (1) Person means an individual, a corporation, a partnership, or any other
entity. (2) Railroad means a common carrier by railroad as defined in Section 1(3) of Part
I of the Interstate Commerce Act [codified as 49 U.S.C. §1(3)]. (3) Railroad properties and
facilities mean any real or personal property or interest in property which is owned,
leased, or otherwise controlled by a railroad or other person, including, without limitation,
the authority, and which are used or are useful in rail transportation service, including,
without limiting the generality of the foregoing: a. Track, roadbed, and related structures,
including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles,
culverts, elevated structures, stations, office buildings used for operating...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-11A-1.htm - 33K - Match Info - Similar pages
35-4-430
Section 35-4-430 Intent. The Legislature finds and declares that the public policy of this
state favors the marketability of real property and the transferability of interests in real
property free of title defects or unreasonable restraints on alienation. The Legislature further
finds and declares that private transfer fee obligations violate this public policy by impairing
the marketability and transferability of real property and by constituting an unreasonable
restraint on alienation regardless of the duration of the obligation to pay a private transfer
fee, the amount of a private transfer fee, or the method by which any private transfer fee
is created or imposed. Thus, the Legislature finds and declares that a private transfer fee
obligation should not run with the title to property or otherwise bind subsequent owners of
property under any common law or equitable principle. (Act 2011-260, p. 474, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-4-430.htm - 1K - Match Info - Similar pages
24-9-8
The court, on the request of a party or as needed to allow completion of service of process
on all interested persons, and to allow those persons 30 days after service of process to
file an answer or other responsive pleadings to the petition, may extend the 90-day period
for good cause shown. (e) The authority shall serve all persons having record title or interest
in or lien upon the property with a notice of the hearing on the petition to quiet title.
Such service shall be attempted by personal service and by certified mail; provided
if service is perfected by either method, the service will be sufficient to provide service
of process upon all persons having record title or interest in or lien upon the property.
If the persons entitled to service are located outside the county, they may be served by certified
mail. (f) The notice required under subsection (e) shall include: (1) The date on which the
authority recorded, under subsection (a), the notice of the pending quiet title...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/24-9-8.htm - 13K - Match Info - Similar pages
40-22-1
Section 40-22-1 Deeds, bills of sale, etc. (a) Except as set out in subsection (b), no deed,
bill of sale, or other instrument of like character which conveys any real or personal
property within this state or which conveys any interest in any such property shall be received
for record unless the privilege or license tax is paid prior to the instrument being offered
for record as provided in subsection (c). (b) No privilege or license tax shall be required
for any of the following: (1) The transfer of mortgages on real or personal property
within this state upon which the mortgage tax has been paid. (2) Deeds or instruments executed
for a nominal consideration for the purpose of perfecting the title to real estate. (3) The
re-recordation of corrected mortgages, deeds, or instruments executed for the purpose of perfecting
the title to real or personal property, specifically, but not limited to, corrections
of maturity dates thereof, and deeds and other instruments or conveyances,...
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