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6-5-248.1
Section 6-5-248.1 Application of Act 2015-79. (a) The amendments to Sections 6-5-248,
6-5-252, and 8-1-172, by Act 2015-79 are prospective and shall not apply to the following:
(1) Sales made under a power of sale contained in any mortgage or junior mortgage dated prior
to January 1, 2016. (2) Sales made pursuant to a statutory power of sale with respect to any
mortgage or junior mortgage dated prior to January 1, 2016. (3) Sales by virtue of a judgment
rendered by a court prior to January 1, 2016. (b) Except as provided in subsection (a), the
amendments in Sections 6-5-248, 6-5-252, and 8-1-172 reducing the period during which a person
is required to exercise the right of redemption or file his or her complaint shall apply to
all sales of property foreclosed under a mortgage or sold by virtue of a judgment. (Act 2015-79,
ยง2.)...
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8-9B-9
Section 8-9B-9 Defenses, liability, and protection of transferee. (a) A transfer is
not voidable under Section 8-9B-5(a)(1) against a person that took in good faith and
for a reasonably equivalent value given the debtor or against any subsequent transferee that
took in good faith. (b) To the extent a transfer is avoidable in an action by a creditor under
Section 8-9B-8(a)(1), the following rules apply: (1) Except as otherwise provided in
this section, the creditor may recover judgment for the value of the asset transferred,
as adjusted under subsection (c), or the amount necessary to satisfy the creditor's claim,
whichever is less. The judgment may be entered against: (i) the first transferee of the asset
or the person for whose benefit the transfer was made; or (ii) any subsequent transferee,
other than: (A) a good-faith transferee that took for value; or (B) a subsequent transferee
of a person described in clause (A). (2) Recovery pursuant to Section 8-9B-8(a)(1)
or (b) of or from...
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11-3A-2
Section 11-3A-2 Powers for public welfare, health, and safety; authorization; scope.
(a) Except where otherwise specifically prohibited or provided for either heretofore or hereafter
by general law or the constitution of this state and subject to the procedures and limitations
set out in this chapter, the county commission of a county may provide for its property and
affairs; and for the public welfare, health, and safety of the citizens throughout the unincorporated
areas of the county by exercising certain powers for the protection of the county and public
property under its control. The powers granted herein to provide for the public welfare, health,
and safety of its citizens shall only include the following: (1) Abatement of weeds as a public
nuisance as defined in Section 11-67-60. (2) Subject to the provisions of Section
6-5-127, control of animals and animal nuisances. (3) Control of litter as defined in subsection
(b) of Section 13A-7-29, or rubbish as defined in subdivision...
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19-3D-3
Section 19-3D-3 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018
REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. SCOPE.
(a) Except as otherwise provided in subsections (b) and (c), this chapter applies to an express
trust that is irrevocable, or revocable by the settlor only with the consent of the trustee
or a person holding an adverse interest. (b) This chapter does not apply to a trust held solely
for charitable purposes. (c) Subject to Section 19-3D-15, a trust instrument may restrict
or prohibit exercise of the decanting power. (d) This chapter does not limit the power of
a trustee, powerholder, or other person to distribute or appoint property in further trust
or to modify a trust under the trust instrument, laws of this state other than this chapter,
common law, a court order, or a nonjudicial settlement agreement. (e) This chapter does not
affect the ability of a settlor to provide in a trust instrument for the distribution...
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22-30-12
Section 22-30-12 Permit program. (a) The department, acting through the commission,
is authorized to promulgate a permit program for hazardous waste management practices and,
acting through the commission, to promulgate criteria for issuing permits and rules identifying
procedures for obtaining permits. (b) Except as provided by this subsection or subsections
(i) and (j) of this section, no person shall engage in the transportation, treatment,
storage or disposal of hazardous waste without having applied for and obtained a permit from
the department issued under authority of this section. The department, acting through
the commission, may promulgate rules which exempt certain hazardous waste management practices
from the requirement to obtain a permit under this section. (c) Unless specifically
exempted from regulation by this chapter or rules promulgated under authority of this chapter,
no person may commence or continue construction or operation of any hazardous waste treatment,...
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26-1A-111
Section 26-1A-111 Co-agents and successor agents. (a) A principal may designate two
or more persons to act as co-agents. Unless the power of attorney otherwise provides, each
co-agent may exercise its authority independently. (b) A principal may designate one or more
successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified
to serve, or declines to serve. A principal may grant authority to designate one or more successor
agents to an agent or other person designated by name, office, or function. Unless the power
of attorney otherwise provides, a successor agent: (1) has the same authority as that granted
to the original agent; and (2) may not act until all predecessor agents have resigned, died,
become incapacitated, are no longer qualified to serve, or have declined to serve. (c) Except
as otherwise provided in the power of attorney and subsection (d), an agent that does not
participate in or conceal a breach of fiduciary duty committed by another...
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26-2A-153
Section 26-2A-153 Distributive duties and powers of conservator. (a) A conservator may
expend or distribute income or principal of the estate without court authorization or confirmation
for the health, support, education, or maintenance of the protected person and dependents
in accordance with the following principles: (1) The conservator shall consider recommendations
relating to the appropriate standard of support, education, and benefit for the protected
person or dependents made by a parent or guardian, if any. The conservator may not be surcharged
for sums paid to persons or organizations furnishing support, education, or maintenance to
the protected person or a dependent pursuant to the recommendations of a parent or guardian
of the protected person unless the conservator knows that the parent or guardian derives personal
financial benefit therefrom, including relief from any personal duty of support, or the recommendations
are clearly not in the best interest of the protected...
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34-9-18
Section 34-9-18 Grounds for disciplinary action. (a) The board may invoke disciplinary
action as outlined in subsection (b) whenever it shall be established to the satisfaction
of the board, after a hearing as hereinafter provided, that any dentist or dental hygienist
has been guilty of the following: (1) Fraud, deceit, or misrepresentation in obtaining any
license, license certificate, annual registration certificate, money, or other thing of value.
(2) Gross immorality. (3) Is a menace to the public health or to patients or others by reason
of a disease. (4) Is an habitual user of intoxicants or drugs rendering him or her unfit for
the practice of dentistry or dental hygiene. (5) Has been convicted for violation of federal
or state narcotics or barbiturate laws. (6) Is guilty of negligence or gross negligence. a.
For the purposes of this subdivision, negligence is defined as the failure to do what a reasonably
prudent dentist or dental hygienist would have done under the same or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-9-18.htm - 9K - Match Info - Similar pages
10A-5-4.01
Section 10A-5-4.01 Management of the limited liability company; creation of classes;
voting; rights; meetings. REPEALED IN THE 2014 REGULAR SESSION BY ACT 2014-144 EFFECTIVE JANUARY
1, 2017. (a) Unless otherwise stated in the certificate of formation, the management of the
limited liability company is vested in its members. Subject to any provisions in the operating
agreement or this chapter restricting or enlarging the management rights and duties of any
person or group or class of persons, the members shall have the right and authority to manage
the business or affairs of the limited liability company and to make all decisions with respect
thereto. (b) If the certificate of formation vests management of the limited liability company
in one or more managers, then the managers shall have the power to manage the business or
affairs of the limited liability company as provided in the operating agreement. Except as
otherwise provided in the operating agreement, the managers: (1) Shall be...
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11-44B-6
Section 11-44B-6 Meetings; quorum; majority vote requirements; procedure for adoption
of ordinances and resolutions; approval or veto of mayor; record of proceedings; power of
council as to city employees; all powers of city vested in council. (a) The council shall
hold regular public meetings at least once a week at some regular hour to be fixed by the
council. The council may hold such adjourned, called, or other meetings as may be necessary
or convenient. (b) All council meetings shall comply with the applicable law concerning open
or public meetings. (c) A majority of the elected membership of the council shall constitute
a quorum for the transaction of any and every power conferred upon the council. For the purposes
of determining a quorum, the mayor shall not be counted. (d) The affirmative vote of a majority
of the council members present, and the mayor in the event of a tie, as provided by this article,
shall be sufficient for the passage of any resolution, bylaw, or ordinance,...
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