Code of Alabama

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40-22-11
Section 40-22-11 Tax upon recording transfer of instrument recorded by exempt institution -
Waiver of exemption from payment of recording tax. Any corporation, organization, or institution
now or hereafter exempt from the recording privilege tax imposed by Section 40-22-2 may, at
the time of presenting for record any mortgage, deed of trust, contract of conditional sale
or other instrument of like character executed to it, waive its exemption from payment of
such recording privilege tax with respect to such instrument and pay the tax imposed by said
section at the time such instrument is presented to the judge of probate for filing, and no
transfer of the indebtedness thereby secured, thereafter presented for recording, shall be
subject to any recording privilege tax, but shall be filed for record by the judge of probate
upon the payment of the recording fees to the judge of probate. (Acts 1951, No. 816, p. 1449,
§6.)...
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40-22-6
Section 40-22-6 Tax upon recording transfer of instrument recorded by exempt institution -
Generally. If any mortgage, deed of trust, contract of conditional sale, or other instrument
of like character heretofore or hereafter filed for record in any probate office of this state
which was or shall be given to secure the payment of any debt incurred to a corporation, organization,
or institution now or hereafter exempt by law from the payment of the recording privilege
tax imposed by Section 40-22-2 and upon which such recording privilege tax has not been previously
paid has been heretofore or be hereafter transferred to a person, corporation, organization,
or institution not exempt from payment of such tax and such transfer is presented for record
within this state, such transfer shall be received for record upon payment of the privilege
tax imposed by said section upon the then unpaid balance of the secured debt and the recording
fees of the probate judge. (Acts 1951, No. 816, p. 1449,...
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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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11-94-19
Section 11-94-19 Exemption from taxation and fees. Each authority incorporated under this chapter
and all properties at any time owned by it and the income therefrom and all bonds issued by
it and the income therefrom shall be exempt from all taxation in the State of Alabama, including,
without limitation, ad valorem, sales, excise, license, and privilege taxes. The certificate
of incorporation of each authority, the certificate of dissolution of each authority, all
deeds or other documents whereby properties are conveyed to an authority and all deeds, indentures,
or leases executed by an authority may be filed for record in the office of the judge of probate
of the county in which the authority is organized without the payment of any tax or fees other
than such fees as may be authorized by law for the recording of such instrument. (Acts 1980,
No. 80-647, p. 1220, §19.)...
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33-12-5
Section 33-12-5 Powers, duties and functions. The powers, duties and functions of the agency
shall be as follows: (1) GENERALLY. The agency a. Shall have perpetual succession in its corporate
name. b. May sue and be sued in its corporate name. c. May adopt, use and alter a corporate
seal, which shall be judicially noticed. d. May enter into such contracts and cooperative
agreements with the federal, state and local governments, with agencies of such governments,
with private individuals, corporations, associations, trusts and other organizations as the
board may deem necessary or convenient to enable it to carry out the purposes of this chapter,
including the planned, orderly residential development of the area. e. May adopt, amend and
repeal bylaws. f. May appoint such managers, officers, employees, attorneys and agents as
the board deems necessary for the transaction of its business, fix their compensation, define
their duties, require bonds of such of them as the board may...
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40-22-2
Section 40-22-2 Mortgages, deeds of trust, etc., generally. No mortgage, deed of trust, contract
of conditional sale, or other instrument of like character which is given to secure the payment
of any debt which conveys any real or personal property situated within this state or any
interest therein or any security agreement or financing statement provided for by the Uniform
Commercial Code, except a security agreement or a financing statement relating solely to security
interests in accounts, contract rights, or general intangibles, as such terms are defined
in the Uniform Commercial Code, and except for 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, shall be
received for record or for filing in the office of any probate judge of this state unless
the following privilege or license taxes shall have been paid upon such...
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40-20-33
Section 40-20-33 When and by whom tax payable; effect of nonpayment. Such tax shall be payable
by the grantee or grantees named or the beneficiary or real party in interest under such lease,
deed, conveyance, transfer, assignment or other writing; except, that as to any exception
or reservation creating any such interest the same shall be payable by the grantor or grantors
in such instrument. Said tax shall be due and payable upon the filing of such instrument for
record. Any probate judge who accepts or records such an instrument upon which the tax is
not paid to him in the amount required herein shall be liable to the county for the amount
of tax shown to have been due upon the instrument. The amount shall likewise constitute a
lien upon the interest so conveyed, reserved or accepted by such instrument, collectible as
are other delinquent taxes due the county. If an insufficient amount is paid by such tax,
the filing and recording of the instrument shall nevertheless be good and...
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11-50-531
Section 11-50-531 Exemption from taxation. All bonds and the income therefrom issued by the
corporation and all mortgages and deeds of trust executed as security therefor and all properties
of the corporation of every kind and character shall be exempt from all taxation in the State
of Alabama. Any such mortgage or deed of trust shall be admitted to record in the office of
the judge of probate of any county in this state without the payment of any tax upon the debt
secured thereby or any other fee or charge except the costs of recording the instrument at
the rate fixed by law. (Acts 1943, No. 158, p. 142, §11.)...
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40-20-36
Section 40-20-36 How exemption obtained upon existing interests. Application for such exemption
upon existing interests shall be made to the probate judge of the county wherein the land
lies in which such interest is owned, by filing application in triplicate with the said judge,
which shall contain the following information: (1) Name of applicant; (2) Address of applicant;
(3) Complete description of land affected, including aggregate acreage; (4) Fractional interest
for which exemption is applied and nature of such interest; (5) Recording data concerning
the instrument creating the interest including grantor or lessor, grantee or lessee, date
of instrument, book and page of record, and date of filing; (6) Length of primary term; (7)
Recording data on instruments divesting original party of any interest, including subsequent
assignments thereof in a portion of original interest therein conveyed; (8) Number of mineral,
royalty or lease acres on which exemption sought; and (9) Amount...
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4-3-59
Section 4-3-59 Exemption of bonds, property and income of authority from taxation; concessionaires,
tenants, etc., of authority subject to state and local taxation; exemption from payment of
deed recording fees and roll-back taxes. The bonds issued by the authority and the income
therefrom shall be exempt from all taxation in the state. All property and income of the authority
shall be exempt from all state, county, municipal and other local taxation; provided however,
that this exemption shall not be construed to exempt concessionaires, licensees, tenants,
operators or lessees of the authority from the payment of any licenses or privilege taxes
levied by the state, the county or any municipality in the state. Any deeds or other documents
whereby properties are conveyed to the authority, any indentures executed by the authority
and any leases made by the authority may be filed for record in the office of the judge of
probate of the county without the payment of any tax or fees other...
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