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8-1A-2
Section 8-1A-2 Definitions. As used in this chapter, each of the following words have the following
meanings: (1) AGREEMENT. The bargain of the parties in fact, as found in their language or
inferred from other circumstances and from rules, regulations, and procedures given the effect
of agreements under laws otherwise applicable to a particular transaction. (2) AUTOMATED TRANSACTION.
A transaction conducted or performed, in whole or in part, by electronic means or electronic
records, in which the acts or records of one or both parties are not reviewed by an individual
in the ordinary course in forming a contract, performing under an existing contract, or fulfilling
an obligation required by the transaction. (3) COMPUTER PROGRAM. A set of statements or instructions
to be used directly or indirectly in an information processing system in order to bring about
a certain result. (4) CONSUMER. An individual who obtains, through a transaction, products
or services which are used primarily...
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8-9B-5
Section 8-9B-5 Transfer voidable as to present or future creditor. (a) A transfer made by a
debtor is voidable as to a creditor, whether the creditor's claim arose before or after the
transfer was made, if the debtor made the transfer: (1) with actual intent to hinder, delay,
or defraud any creditor of the debtor; or (2) without receiving a reasonably equivalent value
in exchange for the transfer, and the debtor: (i) was engaged or was about to engage in a
business or a transaction for which the remaining assets of the debtor were unreasonably small
in relation to the business or transaction; or (ii) intended to incur, or believed or reasonably
should have believed that the debtor would incur, debts beyond the debtor's ability to pay
as they became due. (b) In determining actual intent under subsection (a)(1), consideration
may be given, among other factors, to whether: (1) the transfer was to an insider; (2) the
debtor retained possession or control of the property transferred after...
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13A-9-14.1
Section 13A-9-14.1 Fraud by persons authorized to provide goods and services; definitions.
(a) Definitions. - For purposes of this section, the following terms shall have the meanings
ascribed by this subsection: (1) ACQUIRER. A business organization including without limitation
a merchant, financial institution, or an agent of a business organization or financial institution
that authorizes a merchant to accept payment by credit card for money, goods, services, or
anything else of value. (2) CARDHOLDER. The person or organization named on the face of a
credit card to whom or for whose benefit the credit card is issued by an issuer. (3) CREDIT
CARD TRANSACTION RECORD. Credit card slips, electronically recorded information or other documentation
or evidence evidencing a transaction involving a credit card. (4) CREDIT CARD. Any instrument
or device, whether known as a credit card, credit plate, bank service card, banking card,
check guarantee card, or debit card or by any other name,...
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5-17-60
Section 5-17-60 Confidentiality of conditions and affairs of credit unions; disclosures. (a)
Except as otherwise provided in this title or under state or federal law, the administrator,
a member of the Credit Union Board, or an examiner or other state employee may not disclose
the condition and affairs of any credit union, its supervisory committee, or subsidiaries
or other affiliates, ascertained by an examination of such credit union or affiliates, or
report or give out nonpublic personal information of credit union members, except as authorized
or required by law; provided that this section shall not be construed to prevent examiners
and other employees from reporting such information to the administrator or such persons as
the administrator may lawfully designate. (b) Notwithstanding subsection (a), the administrator,
at the administrator's discretion, may disclose any information otherwise protected under
this section to the members of the Credit Union Board and confer with the...
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7-9A-103
Section 7-9A-103 Purchase-money security interest; application of payments; burden of establishing.
(a) Definitions. In this section: (1) "purchase-money collateral" means goods or
software that secures a purchase-money obligation incurred with respect to that collateral;
and (2) "purchase-money obligation" means an obligation of an obligor incurred as
all or part of the price of the collateral or for value given to enable the debtor to acquire
rights in or the use of the collateral if the value is in fact so used. (b) Purchase-money
security interest in goods. A security interest in goods is a purchase-money security interest:
(1) to the extent that the goods are purchase-money collateral with respect to that security
interest; (2) if the security interest is in inventory that is or was purchase-money collateral,
also to the extent that the security interest secures a purchase-money obligation incurred
with respect to other inventory in which the secured party holds or held a...
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11-103-3
Section 11-103-3 Liability for final payment. (a) When a party elects to make a payment to
a county or municipal agency, office, department, board, or commission by credit card and
a surcharge or convenience fee is imposed, the payment of the surcharge or convenience fee
shall not be refundable. (b) No person making payment to any county or municipal agency, office,
department, board, or commission by credit card shall be relieved from liability for the face
amount of the payment except to the extent that the county or municipal agency, office, department,
board, or commission realizes final payment of the underlying obligation in cash or the equivalent.
If final payment is not made by the credit card issuer or other guarantor of payment in the
credit card transaction, the underlying obligation shall survive and the county or municipal
agency, office, department, board, or commission shall retain all remedies for enforcement
which would have applied if the credit card transaction had...
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13A-12-3.6
Section 13A-12-3.6 Reporting requirements. (a) Each person who makes a delivery sale of cigarettes
to a consumer located within this state shall file with the department for each individual
sale all of the following information: (1) A statement setting forth such person's name, trade
name, and address of such person's principal place of business and any other place of business.
(2) Not later than the tenth day of each calendar month, a memorandum or copy of the invoice
for each and every such delivery sale made during the previous calendar month, which includes
the following information: a. The name and address of the consumer to whom the delivery sale
was made. b. The brand style or brand styles of the cigarettes that were sold in the delivery
sale. c. The quantity of cigarettes that were sold in the delivery sale. d. An indication
of whether or not the cigarettes sold in the delivery sale bore a tax stamp evidencing payment
of the tax under Section 40-25-2. (b) Each person engaged in...
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5-26-14
Section 5-26-14 Surety bond required. (1) Coverage, form and regulations. Each mortgage loan
originator shall be covered by a surety bond in accordance with this section. In the event
that the mortgage loan originator is an employee or exclusive agent of a person subject to
the Alabama Consumer Credit Act or Mortgage Brokers Licensing Act, the surety bond of such
person subject to the Alabama Consumer Credit Act or Mortgage Brokers Licensing Act can be
used in lieu of the mortgage loan originator's surety bond requirement. (a) The surety bond
shall provide coverage for each mortgage loan originator in an amount as prescribed in subsection
(2). (b) The surety bond shall be in a form as prescribed by the supervisor. (c) The supervisor
may promulgate rules or regulations with respect to the requirements for such surety bonds
as are necessary to accomplish the purposes of this chapter. (2) Penal sum of surety bond.
The penal sum of the surety bond shall be maintained in an amount that...
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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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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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