Code of Alabama

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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 REPEALED IN THE 2014 REGULAR SESSION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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16-64-1
Section 16-64-1 Definitions. For the purposes of this chapter, the following terms have the
following meanings: (1) MINOR. An individual who, because of age, lacks the capacity to contract
under Alabama law. Under current law, this means a single individual under 19 years of age
and a married individual under 18 years of age, but excludes an individual whose disabilities
of nonage have been removed by a court of competent jurisdiction for a reason other than establishing
a legal residence in Alabama. If current law changes, this definition shall change accordingly.
(2) RESIDENCE. The single location at which a person resides with the intent of remaining
in that location indefinitely as evidenced by more substantial connections with that place
than with any other place. (3) RESIDENT. One whose residence is in the State of Alabama. (4)
RESIDENT/NONRESIDENT STUDENT. In determining resident or nonresident classification, the primary
issue is one of intent. If a person is in Alabama...
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28-4-116
Section 28-4-116 Conduct of business of delivering, transporting, storing or warehousing prohibited
liquors and beverages by transfer, warehouse, etc., companies; forfeiture of charter of corporations
violating provisions of section. No transfer company, traffic company, transportation company,
warehouse company or other like corporation chartered under or by the laws of Alabama shall
have any right or power to engage in or carry on the business of delivering, transporting,
storing or warehousing any prohibited liquors and beverages except under the supervision of
and on permit from the Alcoholic Beverage Control Board. Any corporation of this state offending
against this provision or engaging in such business shall forfeit its charter, which forfeiture
may be declared upon an action in quo warranto before a court of competent jurisdiction if
any person or officer wishes to institute the action. (Acts 1909, No. 191, p. 63; Acts 1915,
No. 2, p. 8; Code 1923, §4715; Code 1940, T. 29,...
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5-11A-4
of fifty thousand dollars ($50,000), during which such violation is committed or repeated.
Such penalty may be recovered by the superintendent by an action instituted for that purpose,
and, in addition to the penalty, such violation may be enjoined and the injunction enforced
as in other cases. If the directors, officers, or those persons performing similar functions
as corporate directors or officers of any entity knowingly and willfully violate or knowingly
and willfully permit any of the officers, agents, employees, or those persons performing similar
functions of the entity to violate any of the provisions of this section, each and every such
director, officer, or person engaging in such knowing and willful violation or knowing and
willful permission shall be liable in his or her personal and individual capacity for
all damages which the entity or any other person shall have sustained in consequence of such
violation. (Acts 1980, No. 80-658, §5-11-4; Act 2007-224, p. 284, §1.)...
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10A-5A-5.02
Section 10A-5A-5.02 Transfer of transferable interest. (a) A transfer, in whole or in part,
of a transferable interest: (1) is permissible; (2)(A) does not by itself cause a member to
cease to be a member of the limited liability company; and (B) does not by itself cause a
member to cease to be associated with a series of the limited liability company; (3) does
not by itself cause a dissolution and winding up of the limited liability company, or a series
thereof; and (4) subject to Section 10A-5A-5.04, does not entitle the transferee to: (A) participate
in the direction or oversight of the activities and affairs of the limited liability company,
or a series thereof; or (B) have access to records or other information concerning the activities
and affairs of the limited liability company, or a series thereof. (b) A transferee has the
right to receive, in accordance with the transfer, distributions to which the transferor would
otherwise be entitled. (c) A transferable interest may be...
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35-5A-17
Section 35-5A-17 Exemption of third person from liability for good faith dealings with custodian.
A third person in good faith and without court order may act on the instructions of or otherwise
deal with any person purporting to make a transfer or purporting to act in the capacity of
a custodian and, in the absence of knowledge, is not responsible for determining: (1) The
validity of the purported custodian's designation; (2) The propriety of, or the authority
under this chapter for, any act of the purported custodian; (3) The validity or propriety
under this chapter of any instrument or instructions executed or given either by the person
purporting to make a transfer or by the purported custodian; or (4) The propriety of the application
of any property of the minor delivered to the purported custodian. (Acts 1986, No. 86-453,
p. 819, §16.)...
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34-1-16
Section 34-1-16 Acts declared unlawful. No person shall assume or use the title or designation
"certified public accountant," the abbreviation "CPA" or any other title,
designation, words, letters, abbreviation, sign, card, or device tending to indicate that
the person is a certified public accountant, unless the person has received a certificate
as a certified public accountant under Section 34-1-4 and if in public practice, holds a permit
issued under Section 34-1-11, which is not revoked or suspended, hereinafter referred to as
a live permit, and all of the offices of the person in this state for the practice of public
accounting are maintained and registered as required under Section 34-1-10, or the person
is practicing pursuant to Section 34-1-7; provided, however: (1) A foreign accountant who
has registered under Section 34-1-5 and who holds a live permit issued under Section 34-1-11
may use the title under which he or she is generally known in his or her country, followed
by the...
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35-12-81
Section 35-12-81 Deposit of funds. (a) The Treasurer shall promptly deposit in the Unclaimed
Property Reserve Fund, created within the Treasury, all funds received under this article,
including but not limited to, the proceeds from the sale of abandoned property under Section
35-12-80, from which the Treasurer shall pay claims duly allowed and shall transfer funds
to the State Treasury Operations Fund. The Treasurer shall record the name and last known
address of each person appearing from the holder's reports to be entitled to the property,
and the name and last known address of each insured person or annuitant and beneficiary and
with respect to each policy or annuity listed in the report of an insurance company, its number,
the name of the company, and the amount due. (b) All costs and expenses of administering the
program under this article and all costs and expenses of administering the Office of State
Treasurer shall be paid from the State Treasury Operations Fund. (c) On a...
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41-9-291
Section 41-9-291 Definitions. As used in this division, the following terms shall have the
following meanings: (1) COMMISSION. The Alabama Historical Commission, acting as the custodian
of cultural resources for the State of Alabama. (2) CONTRACTOR. Any individual, company, corporation,
or private or public institution determined by the commission to be appropriately qualified
that has applied for and received a permit or contract from the commission to begin exploration
or excavation activities in state-owned waters. (3) CULTURAL RESOURCES. All abandoned shipwrecks
or remains of those ships and all underwater archaeological treasures, artifacts, treasure
troves, or other cultural articles and materials, whether or not associated with any shipwreck,
that are contained in or on submerged lands belonging to the State of Alabama and the sea
within the jurisdiction of the state, and that have remained unclaimed for more than 50 years,
excluding therefrom sunken logs, cants, and timber...
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19-3B-708
Section 19-3B-708 Compensation of trustee. (a) If the terms of a trust do not specify the trustee's
compensation, then a trustee is entitled to compensation that is reasonable under the circumstances.
(b) If the terms of a trust specify the trustee's compensation, the trustee has entered into
a written fee agreement with the settlor, or the trustee has entered into a written fee agreement
with the adult current permissible distributees of income and, in the event the trustee's
compensation is allocated to principal, the adult presumptive remainder beneficiaries of the
trust, then the trustee is entitled to be compensated as specified in the applicable agreement,
but the court may allow more or less compensation if: (1) the duties of the trustee are substantially
different from those contemplated when the trust was created or when the applicable agreement
was executed; or (2) the compensation specified by the terms of the trust or the applicable
agreement would be unreasonably low or...
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