Code of Alabama

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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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13A-9-48
Section 13A-9-48 Fraud in insolvency. (a) A person commits the crime of fraud in insolvency
if, with the intent to defraud a creditor and with knowledge or reason to believe either that
proceedings have been or are about to be instituted for the appointment of a receiver or that
a composition agreement or other arrangement for the benefit of creditors has been or is about
to be made, he: (1) Conveys, transfers, removes, conceals, destroys, encumbers or otherwise
disposes of any part of or any interest in the debtor's estate; or (2) Presents to any creditor
or to the receiver any writing or record relating to the debtor's estate, not otherwise within
the coverage of Sections 13A-10-101, 13A-10-102 or 13A-10-109, knowing or having reason to
believe that it contains a false material statement; or (3) Misrepresents or refuses to disclose
to the receiver, under circumstances not amounting to a violation of Section 13A-10-4, the
existence, amount or location of any part of or an interest in...
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10A-2-1.20
Section 10A-2-1.20 Filing instruments. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94
EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) A filing instrument
under this chapter must satisfy the requirements of Article 4 of Chapter 1, and must be signed:
(1) By the chair of the board of directors of the domestic or foreign business corporation,
by its president, or by another of its officers; (2) If directors have not been selected or
the corporation has not been formed, by an incorporator; or (3) If the corporation is in the
hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary. (b) The
person executing the instrument shall sign it and state beneath or opposite his or her signature
in English letters, his or her name, and the capacity in which he or she signs. The instrument
may but need not contain: (1) the corporate seal, (2) an attestation by the secretary or an
assistant secretary, or (3) an acknowledgement, verification, or...
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40-21-19
Section 40-21-19 Compelling production of records, documents, etc.; requiring attendance of
officers and individuals. If at any time after March 1 of any year the Department of Revenue
shall not have in its possession satisfactory data upon which to base an estimate of the value
of the property with the assessment of which it is charged or from any other cause it is not
able to make or complete any assessment, it shall have power to call upon any officer or agent
of any person, firm, or corporation, or upon any receiver or trustee in charge of the property
of any person, firm, or corporation for any records, books, or documents of any description
pertaining to the business of any such person, firm, or corporation for the answers to any
interrogatories which it may deem necessary to an intelligent discharge of its duties; and
it shall also have power to require the attendance of any officer of any corporation or any
other person where the testimony of such officer or person may to it...
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40-7-17
Section 40-7-17 By whom property should be listed. The property of every minor shall be listed
by his guardian, if he has one; if he has no guardian, by his father, if living; if the father
is dead, by his mother, if living; if the mother is also dead or married, by the person having
it in charge; of the wife, by the husband, if living and sane, and the parties reside together;
if the husband is dead or insane, or he is not living with his wife, by the wife; of any person
for whose benefit the property is held in trust, by the trustee; of every deceased person,
by the executor or administrator, but if there be no executor or administrator by any person
having an interest in the estate of said decedent by bequest or devise or under the laws of
descent and distribution; of those whose property is in the hands of receivers, by such receivers;
of every firm or body corporate, by the partner, president, principal officer, or agent thereof;
property in the hands or custody of any public...
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40-12-316
Section 40-12-316 Fees for portion of year. Any person beginning a new business on or after
April 1 shall be entitled to, and be charged for one half of the full rate in Section 40-12-315
for the then current year. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, ยง625; Acts 1945,
No. 430, p. 675.)...
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40-7-1
Section 40-7-1 Authority of tax assessor; duties of taxpayer. (a) The tax assessor or other
assessing official in each of the several counties shall have the right and authority to assess
all real estate, together with improvements thereon, and all personal property to the party
last assessing the same, or to the owner of record, except such real estate and personal property
which is now or may hereafter be assessed by the Department of Revenue. The failure of the
tax assessor or other assessing official to assess said property to the true owner shall not
invalidate the assessment. The tax assessor or other assessing official shall have the right
and authority to prescribe the proper bookkeeping method to carry out the provisions of this
article, subject to the approval of the Chief Examiner of Public Accounts. Should the owner
of any real estate make improvements on such property, or should any improvements be removed
or destroyed or partially removed or destroyed during any taxable...
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7-5-102
Section 7-5-102 Definitions. (a) In this article: (1) "Adviser" means a person who,
at the request of the issuer, a confirmer, or another adviser, notifies, or requests another
adviser to notify, the beneficiary that a letter of credit has been issued, confirmed, or
amended. (2) "Applicant" means a person at whose request or for whose account a
letter of credit is issued. The term includes a person who requests an issuer to issue a letter
of credit on behalf of another if the person making the request undertakes an obligation to
reimburse the issuer. (3) "Beneficiary" means a person who under the terms of a
letter of credit is entitled to have its complying presentation honored. The term includes
a person to whom drawing rights have been transferred under a transferable letter of credit.
(4) "Confirmer" means a nominated person who undertakes, at the request or with
the consent of the issuer, to honor a presentation under a letter of credit issued by another.
(5) "Dishonor" of a letter...
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10A-2-6.27
Section 10A-2-6.27 Restriction on transfer of shares and other securities. REPEALED IN THE
2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT
CODE SUPPLEMENT. (a) The articles of incorporation, bylaws, an agreement among shareholders,
or an agreement between shareholders and the corporation may impose restrictions on the transfer
or registration of transfer of shares of corporation. A restriction does not affect shares
issued before the restriction was adopted unless the holders of the shares are parties to
the restriction agreement or voted in favor of the restriction. (b) A restriction on the transfer
or registration of transfer of shares is valid and enforceable against the holder or a transferee
of the holder including an executor, administrator, trustee, guardian, conservator or other
fiduciary entrusted with like responsibility for the person or estate of the holder, provided
the restriction is authorized by this section and, as provided by...
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10A-2A-7.24
Section 10A-2A-7.24 Acceptance of votes and other instruments. (a) If the name signed on a
vote, ballot, consent, waiver, stockholder demand, or proxy appointment corresponds to the
name of a stockholder, the corporation, if acting in good faith, is entitled to accept the
vote, ballot, consent, waiver, stockholder demand, or proxy appointment and give it effect
as the act of the stockholder. (b) If the name signed on a vote, ballot, consent, waiver,
stockholder demand, or proxy appointment does not correspond to the name of its stockholder,
the corporation, if acting in good faith, is nevertheless entitled to accept the vote, ballot,
consent, waiver, stockholder demand, or proxy appointment and give it effect as the act of
the stockholder if: (1) the stockholder is an entity and the name signed purports to be that
of an officer or agent of the entity; (2) the name signed purports to be that of an administrator,
executor, guardian, or conservator representing the stockholder and, if the...
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