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40-12-448
Section 40-12-448 Surety bond. (a) Except as provided in subsection (b), before being licensed
under this article, a person shall demonstrate proof of responsibility by depositing with
the commissioner a continuing surety bond in the amount prescribed under Section 40-12-398
from a company authorized to do business in the state. The bond must be approved by the commissioner,
payable to the state, and conditioned upon the faithful observance of all the provisions of
this article. The bond must also indemnify any person who suffers a loss by reason of failure
to observe the provisions of this article. (b) The department, by rule, may permit a surety
bond obtained under Section 40-12-398 to serve in lieu of the surety bond prescribed in subsection
(a). (Act 2019-244, §3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-12-448.htm - 1K - Match Info - Similar pages
40-12-414
Section 40-12-414 License - Proof of financial responsibility. (a) Except as provided in subsection
(b), every person, firm, or corporation, before being licensed under this article, must show
proof of responsibility by depositing with the Commissioner of Revenue a continuing bond in
the amount prescribed in Section 40-12-398 with surety thereon of a company authorized to
do business in the State of Alabama, which bond shall be approved by the Commissioner of Revenue,
payable to the State of Alabama, and shall be conditioned upon the faithful observance of
all the provisions of this article and shall also indemnify any person who suffers any loss
by reason of a failure to observe the provisions of this article. (b) The department, by rule,
may permit a surety bond obtained pursuant to Section 40-12-398, to serve in lieu of the surety
bond prescribed in subsection (a). (Acts 1979, No. 79-756, p. 1342, §5; Acts 1981, No. 81-811,
p. 1449, §1; Acts 1991, No. 91-321, p. 595, §1; Act...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-12-414.htm - 1K - Match Info - Similar pages
40-17-335
Section 40-17-335 Surety bond. (a) Upon approval of the application by the department, the
applicant shall file with the department a surety bond as herein provided: (1) Except as provided
under subdivision (3), the bond amount for an applicant for a license as a supplier, permissive
supplier, or terminal operator shall be in the approximate amount of twice the average monthly
tax liability, not to exceed two million dollars ($2,000,000). (2) Except as provided under
subdivision (3), the bond amount for an applicant for a license as an exporter, blender, importer,
or distributor shall be a minimum of two thousand dollars ($2,000) or the approximate amount
of twice the average monthly tax liability, whichever is greater. (3) The bond for distributors,
suppliers, and permissive suppliers who are licensed with the department on October 1, 2012,
shall remain at the amount that is filed with the department on that date, except as provided
under subsection (b). (4) For an applicant for a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-17-335.htm - 4K - Match Info - Similar pages
2-15-133
Section 2-15-133 Bonds or bond equivalents; financial statements and reports; liability for
payments. (a) No license as required under Section 2-15-132 shall be issued or renewed until
the applicant therefor shall make, execute, and thereafter maintain on file with the commissioner
a bond or a bond equivalent as provided in subsection (f) in favor of the State of Alabama
or a trustee to be approved by the commissioner to secure the performance of obligations incurred
in the State of Alabama and the payment thereof to persons from whom such dealer purchases
livestock. Except as otherwise provided in this subsection, the amount of each bond shall
be not less than the next multiple of two thousand dollars ($2,000) above the average amount
of purchases of livestock purchased either as a dealer or on an agency basis in Alabama during
a period equivalent to two business days based on the total number of business days and the
total amount of such transactions during the preceding 12 months or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-15-133.htm - 8K - Match Info - Similar pages
40-17-168.5
to either provide a new replacement bond as requested by the department or appeal the proposed
revocation to the Alabama Tax Tribunal within the 30 days as allowed by Chapter 2A. (3) The
surety requesting to be released shall remain liable for any liability already accrued or
which shall accrue during the 30-day period set out above, but shall not be responsible for
any liability which accrues after the 30-day period. (e) A surety providing a bond must be
authorized to engage in business within this state. The surety bonds are conditioned upon
faithful compliance with this article, including the filing of returns and the payment of
all tax prescribed herein. The surety bonds shall be approved by the commissioner as to sufficiency
and form, and shall indemnify the state against any loss arising from the failure of the licensee
to pay, for any cause, the motor fuel excise tax levied by this article. (f) A personal
producer of CNG is not required to post a bond. (Act 2017-229, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-17-168.5.htm - 4K - Match Info - Similar pages
40-12-398
Section 40-12-398 Bond prerequisite to issuance of license. Before any master dealer license
may be issued to a new motor vehicle dealer, used motor vehicle dealer, motor vehicle rebuilder,
or motor vehicle wholesaler, the applicant shall deliver to the commissioner a good and sufficient
surety bond, executed by the applicant as principal and by a corporate surety company qualified
to do business in the state as surety, in the sum of not less than fifty thousand dollars
($50,000) or an amount as prescribed by the department. Such bond shall be in a form to be
approved by the commissioner, and shall be conditioned that the motor vehicle dealer, motor
vehicle rebuilder, or motor vehicle wholesaler shall comply with the conditions of any contract
made by such dealer in connection with the sale or exchange of any motor vehicle and shall
not violate any of the provisions of law relating to the conduct of the business for which
he or she is licensed. Such bond shall be payable to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-12-398.htm - 2K - Match Info - Similar pages
40-29-22
the existence of such lien. (2) MOTOR VEHICLES. With respect to a motor vehicle (as defined
in subsection (g)(3)), as against a purchaser of such motor vehicle, if: a. At the time of
the purchase such purchaser did not have actual notice or knowledge of the existence of such
lien; and b. Before the purchaser obtains such notice or knowledge, he has acquired possession
of such motor vehicle and has not thereafter relinquished possession of such motor vehicle
to the seller or his agent. (3) PERSONAL PROPERTY PURCHASED AT RETAIL. With respect
to tangible personal property purchased at retail, as against a purchaser in the ordinary
course of the seller's trade or business, unless at the time of such purchase such purchaser
intends such purchase to (or knows such purchase will) hinder, evade, or defeat the collection
of any tax under this title. (4) PERSONAL PROPERTY PURCHASED IN CASUAL SALE. With respect
to household goods, personal effects, or other tangible personal property purchased...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-29-22.htm - 17K - Match Info - Similar pages
40-2A-7
years from the date the return is filed with the department, whichever is later. This subparagraph
shall not apply to any corporation unless dissolution is completed within 18 months of the
date of the written notice. e. If a taxpayer has made the election provided in subsection
(d) or (e) of Section 40-18-8, a preliminary assessment based on the gain realized as a result
of the involuntary conversion [in the case of subsection (d) of Section 40-18-8] or a rollover
of gain on the sale of a personal residence [as provided in subsection (e) of Section
40-18-8] may be entered within three years from the date the taxpayer notified the department
of the replacement of the property in accordance with subsection (d) or (e) of Section 40-18-8,
as the case may be, or of his or her intention not to replace the property. f. If a taxpayer
has validly elected to have the provisions of subdivision (a) (7) of Section 40-18-6 and subsection
(l) of Section 40-18-8 apply to an acquisition of stock...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-2A-7.htm - 28K - Match Info - Similar pages
2-15-136
Section 2-15-136 Penalty for violations of provisions of article; injunctive proceedings to
restrain operation by dealer in violation of provisions of article. (a) Any person who shall
engage in business as a dealer as defined in Section 2-15-131 without having a license as
required by subsection (a) of Section 2-15-132 or any person who shall violate any of the
other requirements of this article shall be guilty of a misdemeanor and, upon conviction,
shall be punished as prescribed by law for such offense. (b) In addition to the penalty provided
under subsection (a) of this section, the commissioner may apply by a petition to a circuit
court, and such court or any judge thereof shall have jurisdiction, for cause shown, to grant
a temporary restraining order or permanent injunction or both restraining and enjoining any
person from engaging in the business of a dealer as defined in Section 2-15-131 in violation
of any of the requirements of this article, or engaging in or continuing to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-15-136.htm - 1K - Match Info - Similar pages
9-16-8
Section 9-16-8 Bonds, cash deposits or securities deposits of operators. (a) Any bond provided
in this article to be filed with the department by the operator shall be in the form as the
director prescribes, payable to the State of Alabama and conditioned that the operator shall
faithfully perform all applicable requirements of this article and comply with all applicable
rules of the department made in accordance with the provisions of this article. The bond shall
be signed by the operator, as principal, and by a good and sufficient corporate surety licensed
to do business in the State of Alabama, as surety. The penalty of the bond shall be two thousand
five hundred dollars ($2,500) for each acre covered by the permit. In lieu of a bond, the
operator may elect to deposit cash or negotiable bonds of the United States government or
the State of Alabama or any municipality within the state with the department in lieu of a
corporate surety. The cash deposit or market value of the...
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