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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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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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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section, services
performed for remuneration after December 31, 1977, including service in interstate commerce,
by: a. Any officer of a corporation; or b. Any individual who, under the usual common law
rules applicable in determining the employer-employee relationship, has the status of an employee;
or c. Any individual other than an individual who is an employee under paragraphs a. or b.
of this subdivision (1) who performs services for remuneration for any person: 1. As an agent-driver
or commission-driver engaged in distributing meat products, bakery products, beverages (other
than milk) or laundry or dry cleaning services for a principal; 2. As a traveling or city
salesman engaged upon a full-time basis in the solicitation on...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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5-19-6
Section 5-19-6 Copies of instruments signed by debtors to be furnished to debtors; required
statement in contracts, etc.; limitation on disclosure requirements; intent, applicability
of limitation. (a) Any creditor, when extending credit with respect to a consumer credit transaction,
other than under an open-end credit plan, shall at that time furnish to the debtor a copy
of each instrument executed by the debtor in connection with the consumer credit transaction.
The consumer credit transaction contract or note shall contain the following statement in
eight point or larger type immediately above the space for the borrower's signature. "CAUTION
- IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT." (b) No disclosures
are required by this chapter to be made by a creditor with respect to any transaction other
than disclosures required by regulations made by the administrator pursuant to Section 5-19-21
and disclosures required by subsection (a) above and by Sections...
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7-9A-616
Section 7-9A-616 Explanation of calculation of surplus or deficiency. (a) Definitions. In this
section: (1) "Explanation" means a writing that: (A) states the amount of the surplus
or deficiency; (B) provides an explanation in accordance with subsection (c) of how the secured
party calculated the surplus or deficiency; (C) states, if applicable, that future debits,
credits, charges, including additional credit service charges or interest, rebates, and expenses
may affect the amount of the surplus or deficiency; and (D) provides a telephone number or
mailing address from which additional information concerning the transaction is available.
(2) "Request" means a record: (A) authenticated by a debtor or consumer obligor;
(B) requesting that the recipient provide an explanation; and (C) sent after disposition of
the collateral under Section 7-9A-610. (b) Explanation of calculation. In a consumer-goods
transaction in which the debtor is entitled to a surplus or a consumer obligor is liable...
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7-9A-625
Section 7-9A-625 Remedies for secured party's failure to comply with article. (a) Judicial
orders concerning noncompliance. If it is established that a secured party is not proceeding
in accordance with this article, a court may order or restrain collection, enforcement, or
disposition of collateral on appropriate terms and conditions. (b) Damages for noncompliance.
Subject to subsections (c), (d), and (f), a person is liable for damages in the amount of
any loss caused by a failure to comply with this article. Loss caused by a failure to comply
may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative
financing. (c) Persons entitled to recover damages; statutory damages in consumer-goods transaction.
Except as otherwise provided in Section 7-9A-628: (1) a person that, at the time of the failure,
was a debtor, was an obligor, or held a security interest in or other lien on the collateral
may recover damages under subsection (b) for its loss;...
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8-19A-17
Section 8-19A-17 Actions by enforcing authority. The division may bring: (1) An action to obtain
a declaratory judgment that an act or practice violates this chapter. (2) An action to enjoin
any person who has violated or is violating this chapter. (3) An action on behalf of one or
more purchasers for the actual damages caused by an act or practice performed in violation
of this chapter. This action may include, but is not limited to, an action to recover against
a bond, letter of credit, or certificate of deposit as otherwise provided in this chapter.
Upon motion of the enforcing authority in any action brought under this section, the court
may make appropriate orders, including appointment of a master or receiver or sequestration
of assets, to reimburse consumers found to have been damaged, to carry out a consumer transaction
in accordance with the consumer's reasonable expectations, or to grant other appropriate relief.
The court may assess the expenses of a master or receiver...
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2-22-13
Section 2-22-13 Proceedings upon determination of deficiency in guaranteed primary plant nutrients
in commercial fertilizers - Legal actions for recovery of penalty. In any case wherein the
licensee fails or refuses to make payment to the consumer of a penalty within the time required,
the consumer may institute legal action against the licensee for the recovery of such penalty
as provided in Section 2-22-12. Any judgment against the licensee shall be double the amount
of the penalty and shall include a reasonable attorney's fee and court costs. In cases where
the licensee is required to pay the amount of any penalty to the commissioner for deposit
to the credit of the Agricultural Fund and the licensee fails or refuses to make such payment
within the time required, the commissioner may institute legal action in a court of competent
jurisdiction for collection of the amount of the penalty upon 10 days' notice to the licensee
following the 60-day payment period. (Acts 1969, No. 434, p....
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34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery from fund;
procedures, appeals, etc.; licensee to report any legal action taken against him or her. (a)
The commission shall establish and maintain a Recovery Fund from which an aggrieved party
may recover actual or compensatory damages, not including interest and court costs, sustained
only within the State of Alabama as a result of conduct of a broker or salesperson in violation
of Article 1 or 2 of this chapter or the rules and regulations of the commission. (b) Notwithstanding
any other provision to the contrary, payments from the Recovery Fund are subject to the following
conditions and limitations: (1) The fund shall not be obligated for the acts or omissions
of a broker or salesperson while acting on his or her own behalf or on behalf of his or her
child, spouse, or parent regarding property in which he or she or his or her spouse, child,
or parent has, or is attempting to acquire, an interest;...
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