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40-23-60
Section 40-23-60 Definitions. For the purpose of this article, the following terms shall
have the respective meanings ascribed to them in this section: (1) PERSON or COMPANY.
Any individual, firm, company, partnership, association, corporation, receiver or trustee,
or any other group or combination acting as a unit, and the plural as well as the singular
number, unless the intention to give a more limited meaning is disclosed by the context. (2)
DEPARTMENT. The Department of Revenue of the State of Alabama. (3) COMMISSIONER. The Commissioner
of Revenue of the State of Alabama. (4) WHOLESALE SALE or SALE AT WHOLESALE. Any one of the
following: a. A sale of tangible personal property by wholesaler to licensed retail merchants,
jobbers, dealers or other wholesalers for resale and does not include a sale by wholesalers
to users or consumers, not for resale. b. A sale of tangible personal property or products,
including iron ore, and including the furnished container and label of such...
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40-27-1
Section 40-27-1 Compact adopted; terms. The following Multistate Tax Compact is hereby
approved, adopted and enacted into law by the State of Alabama: Multistate Tax Compact Article
I. Purposes. The purposes of this compact are to: 1. Facilitate proper determination of state
and local tax liability of multistate taxpayers, including the equitable apportionment of
tax bases and settlement of apportionment disputes. 2. Promote uniformity or compatibility
in significant components of tax systems. 3. Facilitate taxpayer convenience and compliance
in the filing of tax returns and in other phases of tax administration. 4. Avoid duplicative
taxation. Article II. Definitions. As used in this compact: 1. "State" means a state
of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory
or possession of the United States. 2. "Subdivision" means any governmental unit
or special district of a state. 3. "Taxpayer" means any corporation, partnership,
firm,...
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34-27-36
Section 34-27-36 Disciplinary action - Generally. (a) The commission or its staff may
on its own, or on the verified complaint in writing of any person, investigate the actions
and records of a licensee. The commission may issue subpoenas and compel the testimony of
witnesses and the production of records and documents during an investigation. If probable
cause is found, a formal complaint shall be filed and the commission shall hold a hearing
on the formal complaint. The commission shall revoke or suspend the license or impose a fine
of not less than one hundred dollars ($100) nor more than two thousand five hundred dollars
($2,500), or both, or reprimand the licensee in each instance in which the licensee is found
guilty of any of the following acts set out in this section. The commission may revoke
or suspend a license until such time as the licensee has completed an approved continuing
education course and/or made restitution to accounts containing funds to be held for other...
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10A-1-1.03
Section 10A-1-1.03 Definitions. As used in this title, unless the context otherwise
requires, the following terms mean: (1) AFFILIATE. A person who controls, is controlled by,
or is under common control with another person. An affiliate of an individual includes the
spouse, or a parent or sibling thereof, of the individual, or a child, grandchild, sibling,
parent, or spouse of any thereof, of the individual, or an individual having the same home
as the individual, or a trust or estate of which an individual specified in this sentence
is a substantial beneficiary; a trust, estate, incompetent, conservatee, protected person,
or minor of which the individual is a fiduciary; or an entity of which the individual is director,
general partner, agent, employee or the governing authority or member of the governing authority.
(2) ASSOCIATE. When used to indicate a relationship with: (A) a domestic or foreign entity
for which the person is: (i) an officer or governing person; or (ii) a beneficial...
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40-9F-3
Section 40-9F-3 Standards for approval; application, rehabilitation plan; review; certification;
tax credit certification; fees; report to Legislature. (a) The commission shall develop standards
for the approval of the substantial rehabilitation of qualified structures for which a tax
credit is sought. The standards shall take into account whether the substantial rehabilitation
of a qualified structure is consistent with the historic character of the structure or of
the Registered Historic District in which the property is located. (b) Prior to beginning
any substantial rehabilitation work on a qualified structure, the owner shall submit an application
and rehabilitation plan to the commission and an estimate of the qualified rehabilitation
expenditures under the rehabilitation plan; provided, however, that the owner, at its own
risk, may incur qualified rehabilitation expenditures no earlier than six months prior to
the submission of the application and rehabilitation plan that are...
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40-9F-32
Section 40-9F-32 Procedures for rehabilitation of qualified structures; tax credits;
review; audit; fees; report to Legislature. (a) The commission shall develop standards for
the approval of the substantial rehabilitation of qualified structures for which a tax credit
is sought. The standards shall take into account whether the substantial rehabilitation of
a qualified structure is consistent with the historic character of the structure or of the
Registered Historic District in which the property is located. (b) Prior to beginning any
substantial rehabilitation work on a qualified structure, the owner shall submit an application
and rehabilitation plan to the commission and an estimate of the qualified rehabilitation
expenditures under the rehabilitation plan; provided, however, that the owner, at its own
risk, may incur qualified rehabilitation expenditures no earlier than six months prior to
the submission of the application and rehabilitation plan that are limited to architectural,...
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10A-1-8.02
Section 10A-1-8.02 Mergers of entities. (a) A merger of two or more entities, whether
the other entity or entities are the same or another form of entity, may be accomplished as
provided in this section. (1) CORPORATIONS. a. In the case of a corporation, other
than a nonprofit corporation, that is a party to a merger, a plan of merger must be approved
in accordance with 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...
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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...
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40-23-193
Section 40-23-193 Collection and remittance of simplified sellers use tax; reporting;
statement. (a) The simplified sellers use tax due under the program is eight percent of the
sales price on any tangible personal property sold or delivered into Alabama by an eligible
seller participating in the program. The collection and remittance of simplified sellers use
tax relieves the eligible seller and the purchaser from any additional state or local sales
and use taxes on the transaction. (b) The simplified sellers use tax collected by the eligible
seller, at the rate of eight percent, shall be electronically reported in the manner prescribed
by the department on or before the 20th day of the month next succeeding the month in which
the tax accrues. The eligible seller shall remit the tax at the required rate or the amount
of the tax collected, whichever is greater. The required monthly reporting from the eligible
seller shall only include statewide totals of the simplified sellers use...
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7-7-504
Section 7-7-504 Rights acquired in absence of due negotiation; effect of diversion;
stoppage of delivery. (a) A transferee of a document of title, whether negotiable or nonnegotiable,
to which the document has been delivered but not duly negotiated, acquires the title and rights
that its transferor had or had actual authority to convey. (b) In the case of a transfer of
a nonnegotiable document of title, until but not after the bailee receives notice of the transfer,
the rights of the transferee may be defeated: (1) By those creditors of the transferor which
could treat the transfer as void under Section 7-2-402 or 7-2A-308; (2) By a buyer
from the transferor in ordinary course of business if the bailee has delivered the goods to
the buyer or received notification of the buyer's rights; (3) By a lessee from the transferor
in ordinary course of business if the bailee has delivered the goods to the lessee or received
notification of the lessee's rights; or (4) As against the bailee, by...
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