Code of Alabama

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41-6-75
Section 41-6-75 Conservation measures to property; disposal of property. (a) The department
may apply conservation measures to or dispose of undocumented property if immediate action
is required to protect the property or other property in the custody of the department, or
if the property is a hazard to the health and safety of the public or the department staff.
(b) Unless there is a written stipulation in the loan agreement to the contrary, the department
may apply conservation measures to or dispose of property on loan to the department without
the owner's permission or formal notice if immediate action is required to protect the property
on loan or other property in the custody of the department, or if the property on loan is
a hazard to the health and safety of the public or the department staff and if any of the
following apply: (1) The department is unable to reach the owner at the owner's last known
address or phone number if action is to be taken within more than three days...
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45-26-246.05
Section 45-26-246.05 Disposition of funds. Except as otherwise provided in this part, the balance
of the proceeds from the tax levied by this part shall be deposited into the Elmore County
Lodging Fund. The net proceeds from the tax collected outside of the municipalities shall
be used by the county for economic development purposes. Sixty-seven percent of the remaining
funds in the lodging fund shall be used by the county for economic development purposes. Thirty-three
percent of the remaining funds in the lodging fund shall be distributed to the municipalities
on an equal basis where the lodging tax was collected to be used by the municipality for economic
development purposes pursuant to an agreement with Elmore County. If Elmore County and any
municipality fail to agree on the use of the funds by the municipality, that portion shall
revert to the lodging fund for appropriation by the county for economic development purposes.
All of the net proceeds from any room fees shall be...
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5-18A-13
Section 5-18A-13 Duties of licensee. (a) A licensee may not knowingly enter into a deferred
presentment transaction with a customer that has outstanding deferred presentment transactions
from any lender at any location that exceeds five hundred dollars ($500) for the term of the
loan. (b) Before a licensee shall present for payment or deposit a check or debit authorization
accepted by the licensee, the check shall be endorsed with the actual name under which the
licensee is doing business. (c) Any agreement for a deferred presentment transaction shall
be in writing and signed by the checking account holder. The customer in a deferred presentment
contract shall have the right to redeem the check or debit authorization from the licensee
before the agreed date of deposit upon payment to the licensee of the amount of the contract.
A licensee shall not defer presentment of any personal check or debit authorization for less
than 10 days nor more than 31 calendar days after the date of the...
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7-4A-202
Section 7-4A-202 Authorized and verified payment orders. (a) A payment order received by the
receiving bank is the authorized order of the person identified as sender if that person authorized
the order or is otherwise bound by it under the law of agency. (b) If a bank and its customer
have agreed that the authenticity of payment orders issued to the bank in the name of the
customer as sender will be verified pursuant to a security procedure, a payment order received
by the receiving bank is effective as the order of the customer, whether or not authorized,
if (i) the security procedure is a commercially reasonable method of providing security against
unauthorized payment orders, and (ii) the bank proves that it accepted the payment order in
good faith and in compliance with the security procedure and any written agreement or instruction
of the customer restricting acceptance of payment orders issued in the name of the customer.
The bank is not required to follow an instruction that...
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8-21C-6
Section 8-21C-6 Change of dealer ownership. (a) If a dealer desires to make a change in ownership
by the sale of the business assets, a stock transfer, or otherwise, the dealer shall give
the manufacturer or distributor written notice at least 15 business days before the closing,
including all supporting documentation as may be reasonably required by the manufacturer or
distributor to determine if an objection to the sale may be made. In the absence of a breach
by the selling dealer of its dealer agreement or this chapter, the manufacturer or distributor
may not object to the proposed change in ownership unless any of the following circumstances
is present: (1) The prospective transferee has previously been terminated by the manufacturer
or distributor for breach of its dealer agreement. (2) The prospective transferee has been
convicted of a felony or any crime of fraud, deceit, or moral turpitude. (3) The prospective
transferee lacks any license required by law. (4) The prospective...
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11-50-314
Section 11-50-314 Powers of corporation generally; provisions in mortgages, deeds of trust,
or pledge agreements executed by corporation as to rights of parties thereto, etc. (a) Each
corporation formed or the certificate of incorporation of which is amended under this article
shall have the following powers together with all powers incidental thereto or necessary to
the discharge thereof in corporate form: (1) To have succession by its corporate name for
the duration of time (which may be in perpetuity) specified in its certificate of incorporation
or until dissolved as provided in this article; (2) To sue and be sued and to defend civil
actions against it; (3) To make use of a corporate seal and to alter the same at pleasure;
(4) To acquire, purchase, construct, operate, maintain, enlarge, extend, and improve any system
or systems, the operation of which is provided for in the certificate of incorporation of
such corporation or in any amendment thereto (whether or not such system or...
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11-89C-9
Section 11-89C-9 Powers of governing bodies. (a) A governing body shall proceed under this
chapter as a participant in the public corporation or individually, to adopt upon reasonable
public notice and following public hearing all necessary rules and regulations by resolution
or ordinance to implement this chapter and to specifically regulate and control storm water
discharges and eliminate the discharge of pollutants to its municipal separate storm sewers.
Provided, however, that all discharges originating from any lands or facilities owned or operated
by one or more entities under the jurisdiction and supervision of the Alabama Public Service
Commission are exempted from regulation under any local storm water management program and
shall be regulated exclusively by ADEM. Further, any commission non-jurisdictional electric
supplier, as defined by Section 37-4-140, whose service area extends beyond the boundaries
of a single municipal or county jurisdiction shall be exempted from the...
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11-92C-8
Section 11-92C-8 Powers of authority. (a) The authority shall have the following powers, together
with all powers incidental thereto or necessary to the discharge thereof in corporate form:
(1) To have succession by its corporate name for the duration of time, which may be in perpetuity,
subject to Section 11-92C-20, specified in its certificate of incorporation. (2) To sue and
be sued in its own name and to prosecute and defend civil actions in any court having jurisdiction
of the subject matter and of the parties; provided that the authority shall be deemed to be
a governmental entity as defined in Chapter 93 of this title for the purpose of limiting the
damages for which the authority may be liable. (3) To adopt and make use of a corporate seal
and to alter the seal at its pleasure. (4) To adopt and alter bylaws for the regulation and
conduct of its affairs and business. (5) To acquire, whether by purchase, construction, exchange,
gift, lease, or otherwise, and to refinance existing...
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19-1A-15
Section 19-1A-15 (Effective January 1, 2018) Fiduciary duty and authority. (a) The legal duties
imposed on a fiduciary charged with managing tangible property apply to the management of
digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty
of confidentiality. (b) A fiduciary's or a designated recipient's authority with respect to
a digital asset of a user: (1) except as otherwise provided in Section 19-1A-4, is subject
to the applicable terms of service; (2) is subject to other applicable law, including copyright
law; (3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(4) may not be used to impersonate the user. (c) A fiduciary with authority over the property
of a decedent, protected person, principal, or settlor has the right to access any digital
asset in which the decedent, protected person, principal, or settlor had a right or interest
and that is not held by a custodian or subject to a terms-of-service...
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19-3A-106
Section 19-3A-106 Conversion to unitrust. (a) Unless expressly prohibited by the governing
instrument, a trustee may convert a trust into a unitrust as described in this section if
all of the following apply: (1) The trustee has concluded that the conversion will enable
the trustee to better carry out the intent of the settlor or testator and the purposes of
the trust. (2) The trustee gives written notice of the trustee's intention to convert the
trust into a unitrust, including the trustee's initial decisions as set forth below, to all
the qualified beneficiaries. The written notice shall include the following: a. An explanation
of how the unitrust will operate; b. The effective date of the conversion to a unitrust; c.
The unitrust percentage to be used; d. The provisions for prorating a unitrust distribution
for a short year in which a beneficiary's right to payments commences or ceases; e. Whether
the net fair market value of the trust assets will be determined annually or averaged...
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