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8-19-5
means the transmission of information by the use of the telephone, with the specific intent
of defrauding a person by a material misrepresentation and obtaining property from that person
as a result of the fraud. Puffing or puffery does not constitute a scheme or artifice to defraud.
(26) Making any communication by telephone directly to another person which offers to the
other person a gift, award, or prize, where the person making the communication has actual
knowledge at the time of making the communication that the communication was materially false
and the person making the communication specifically intended to deprive the other person
of real or personal property as a result of the false communication. (27) Engaging
in any other unconscionable, false, misleading, or deceptive act or practice in the conduct
of trade or commerce. (Acts 1981, No. 81-355, p. 510, §5; Acts 1993, No. 93-203, §1; Act
99-583, p. 1327, §1; Act 2000-712, p. 1509, §1; Act 2002-496, p. 1276, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-19-5.htm - 12K - Match Info - Similar pages
16-6D-9
Section 16-6D-9 Tax credit claims; administrative accountability; verification of requirements;
rules and procedures. (a)(1) An individual taxpayer who files a state income tax return and
is not claimed as a dependent of another taxpayer, a taxpayer subject to the corporate income
tax levied by Chapter 18 of Title 40, an Alabama S corporation as defined in Section 40-18-160,
or a Subchapter K entity as defined in Section 40-18-1 may claim a credit for a contribution
made to a scholarship granting organization. If the credit is claimed by an Alabama S corporation
or Subchapter K entity, the credit shall pass through to and may be claimed by any taxpayer
eligible to claim a credit under this subdivision who is a shareholder, partner, or member
thereof, based on the taxpayer's pro rata or distributive share, respectively, of the credit.
(2) The tax credit may be claimed by an individual taxpayer or a married couple filing jointly
in an amount equal to 100 percent of the total...
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22-30D-9
regulations in the remediation process. (d) The limitation of liability provided by subsection
(a) shall extend to the heirs, assigns, successors, predecessors, and designees of the person
to whom such limitation of liability is granted. (e) No small business as defined in this
chapter who shall have elected to be covered by the provisions of this chapter shall be liable
to any impacted third party or adjacent landowner under any state law for any damages of any
nature whatsoever to real or personal property of any impacted third party or adjacent
landowner as a result of any contamination caused by or resulting from any contamination on,
at, or from any drycleaning facility, abandoned drycleaning facility, or wholesale distribution
facility. (f) No person shall be liable to any other person under any state law for any damages
of any nature whatsoever to real or personal property of such other person as a result
of any contamination, except upon proof that a failure to exercise due...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30D-9.htm - 3K - Match Info - Similar pages
28-9-8
Section 28-9-8 Liability of supplier for acts diminishing value of wholesaler's business; arbitration
procedures; determination of amount of compensation; cost of arbitration; default of arbitration
procedures. (a) Except as provided for in this chapter, a supplier that has amended, modified,
canceled, terminated, or refused to renew any agreement; or has caused a wholesaler to resign
from an agreement; or has interfered with, prevented or unreasonably delayed, or where required
by this chapter, has withheld or unreasonably delayed consent to or approval of, any assignment
or transfer of a wholesaler's business, shall pay the wholesaler reasonable compensation for
the diminished value of the wholesaler's business, including any ancillary business which
has been negatively affected by the act of the supplier. The value of the wholesaler's business
or ancillary business shall include, but not be limited to, any good will. Provided, however,
nothing contained in this chapter shall give...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-9-8.htm - 4K - Match Info - Similar pages
6-7-103
Section 6-7-103 Action for improper appointment of guardians ad litem; statute of limitations
thereon; liability for suggestion of appointment by plaintiff, etc. (a) Any judge, register,
clerk, or other officer who shall knowingly appoint any person as guardian ad litem for any
infant or non compos mentis in violation of the provisions of the Alabama Rules of Civil Procedure,
shall be liable to a penalty of $200, which may be recovered by such infant or non compos
mentis, or his next friend suing for him, in an action in any court having jurisdiction of
civil actions for such amount. Such a claim shall not be barred by the statute of limitations
until after two years after the arrival of the infant at the age of 19 years or the restoration
of the non compos mentis to sanity. (b) Any plaintiff or petitioner, his attorney, or counsel,
or any person for him who shall suggest or nominate a guardian ad litem in any action commenced
by such plaintiff or petitioner shall be liable to the same...
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8-9A-8
Section 8-9A-8 Defenses, liability, and protection of transferee. (a) A transfer is not voidable
under Section 8-9A-4(a) against a person who took in good faith and for a reasonably equivalent
value or against any subsequent transferee or obligee who took in good faith. (b) Except as
otherwise provided in this section, to the extent a transfer is voidable in an action by a
creditor under Section 8-9A-7(a)(1), 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, or judgment for conveyance of the asset transferred.
The judgment may be entered against: (1) The first transferee of the asset or the person for
whose benefit the transfer was made; or (2) Any subsequent transferee other than a good faith
transferee who took for value or from any subsequent transferee. (c) If the judgment under
subsection (b) is based upon the value of the asset transferred, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-9A-8.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-9B-9.htm - 4K - Match Info - Similar pages
2-17-1
Section 2-17-1 Definitions. When used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) COMMISSIONER.
The Commissioner of Agriculture and Industries of the State of Alabama or his duly authorized
representative. (2) FIRM. Any partnership, association or other unincorporated business organization.
(3) MEAT BROKER. Any person, firm or corporation engaged in the business of buying or selling
carcasses, parts of carcasses, meat or meat food products of cattle, sheep, swine, goats,
horses, mules or other equines or poultry on commission or otherwise negotiating purchases
or sales of such articles other than for his own account or as an employee of another person,
firm or corporation. (4) POULTRY. Any live or slaughtered domesticated bird. (5) RENDERER.
Any person, firm or corporation engaged in the business of rendering carcasses or parts or
products of the carcasses of cattle, sheep, swine, goats,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-17-1.htm - 13K - Match Info - Similar pages
2-21-24
Section 2-21-24 Inspection fee; quarterly statement; disposition of fees; overpayments. (a)
An inspection fee established by the Board of Agriculture and Industries not to exceed twenty-five
cents ($.25) per ton shall be paid on commercial feeds by every person who distributes the
commercial feed in this state, exempting bulk grain; except that: (1) The inspection fee shall
be paid only once on any commercial feed, feed ingredients, customer-formula feeds or parts
thereof. Commercial feeds, feed ingredients, customer-formula feeds or parts thereof on which
the inspection fee has not been paid by the distributor or previous distributor shall be subject
to the inspection fee. (2) No fee shall be paid on "vertical-integrator feed" or
on the ingredient used to manufacture a "vertical-integrator feed." Any services
the Department of Agriculture and Industries provides manufacturers of "vertical-integrator
feed" in relation to this chapter shall be paid for according to fees established by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-21-24.htm - 3K - Match Info - Similar pages
20-2-182
Section 20-2-182 License required for furnishing listed precursor chemical; licensing procedure;
record of transactions. (a) A manufacturer, wholesaler, retailer, or other person who sells,
transfers, manufactures, purchases for resale, or otherwise furnishes any listed precursor
chemical defined in Section 20-2-181 must first obtain on a biennial basis a license issued
by the Board of Pharmacy upon payment of a fee as prescribed by rule of the board to the secretary
of the board. Licenses shall be issued biennially beginning in 2010. All licenses shall expire
on December 31 of even-numbered years. Every holder of such a license in order to continue
to be licensed shall pay a biennial renewal fee to be prescribed by rule of the board. The
renewal fee shall be due on October 31 and shall be delinquent after December 31 of even-numbered
years. The payment of the renewal fee shall entitle the holder thereof to renewal of his or
her license at the discretion of the board. If any holder of...
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