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6-5-542
Section 6-5-542 Definitions. For the purposes of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) HEALTH CARE PROVIDER. A medical
practitioner, dental practitioner, medical institution, physician, dentist, hospital, or other
health care provider as those terms are defined in Section 6-5-481. (2) STANDARD OF CARE.
The standard of care is that level of such reasonable care, skill, and diligence as other
similarly situated health care providers in the same general line of practice, ordinarily
have and exercise in like cases. A breach of the standard of care is the failure by a health
care provider to comply with the standard of care, which failure proximately causes personal
injury or wrongful death. This definition applies to all actions for injuries or damages or
wrongful death whether in contract or tort and whether based on intentional or unintentional
conduct. (3) FUTURE DAMAGES. Damages for future medical treatment, care,...
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10A-10-1.15
Section 10A-10-1.15 Merger. (a) For purposes of this section, the following words shall have
the respective meanings ascribed to them: (1) ALABAMA REAL ESTATE INVESTMENT TRUST. A real
estate investment trust organized in compliance with the provisions of this chapter. (2) BUSINESS
TRUST. a. An entity described in Section 10A-16-1.01. b. An unincorporated trust or association,
including an Alabama real estate investment trust, a common-law trust, or a Massachusetts
trust, which is engaged in business and in which property is acquired, held, managed, administered,
controlled, invested, or disposed of for the benefit and profit of any person who may become
a holder of a transferable unit of beneficial interest in the trust. (3) DOMESTIC LIMITED
LIABILITY COMPANY. A limited liability company as defined under the Alabama Limited Liability
Company Law. (4) DOMESTIC LIMITED PARTNERSHIP. A limited partnership as defined under the
Alabama Limited Partnership Law. (5) FOREIGN BUSINESS TRUST. A...
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6-6-259
Section 6-6-259 Actions by mortgagees or vendor in conditional sale contract, etc., against
mortgagors or vendees, etc. (a) If the action is by a mortgagee or his assignee against a
mortgagor, or one holding under him, or by a vendor who has made a conditional sale reserving
the title until the entire purchase money shall be paid, or his assignee, against his vendee
or one holding under him, the defendant may, upon suggestion, require that the jury ascertain
the amount of the mortgage debt or the unpaid balance of the purchase price of the article
sold; and if the debt due is ascertained to be less than the value of the property sued for
as assessed by the jury, judgment must be entered for the property sued for or if that is
not to be had, then for the amount of the debt as ascertained by the jury. The court must
also make an order that, if the debt so ascertained, interest and costs, shall be paid within
30 days, no execution or other process shall issue on the judgment; and on...
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7-5-116
Section 7-5-116 Choice of law and forum. (a) The liability of an issuer, nominated person,
or adviser for action or omission is governed by the law of the jurisdiction chosen by an
agreement in the form of a record signed or otherwise authenticated by the affected parties
in the manner provided in Section 7-5-104 or by a provision in the person's letter of credit,
confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear any
relation to the transaction. (b) Unless subsection (a) applies, the liability of an issuer,
nominated person, or adviser for action or omission is governed by the law of the jurisdiction
in which the person is located. The person is considered to be located at the address indicated
in the person's undertaking. If more than one address is indicated, the person is considered
to be located at the address from which the person's undertaking was issued. For the purpose
of jurisdiction, choice of law, and recognition of interbranch letters of...
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32-7C-33
Section 32-7C-33 Recordkeeping; inspection; audit analysis; disclosure of information. (a)
A TNC shall maintain the following records: (1) Individual trip records for at least two years
from the date each trip was provided. (2) Individual records of TNC drivers at least two years
from the date on which a TNC driver's relationship with the TNC ended. (b) For the sole purpose
of verifying that a TNC is in compliance with subsection (a) and Section 32-7C-29 and no more
than annually, the commission may visually inspect a random sample of the records that the
TNC is required to maintain pursuant to subsection (a). All samples shall include records
sufficient to verify the TNC's compliance with the background check requirements and standards
set forth in Section 32-7C-29. The audit shall take place at a mutually agreed upon location
in Montgomery, Alabama, or through a mutually agreed upon secure electronic process. Any record
furnished to the commission may exclude information that would...
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40-14A-22
Section 40-14A-22 Levy and amount of tax. (a) Levy of tax. There is hereby levied an annual
privilege tax on every corporation, limited liability entity, and disregarded entity doing
business in Alabama, or organized, incorporated, qualified, or registered under the laws of
Alabama. The tax shall accrue as of January 1 of every taxable year, or in the case of a taxpayer
organized, incorporated, qualified, or registered during the year, or doing business in Alabama
for the first time, as of the date the taxpayer is organized, incorporated, registered, or
qualifies to do business, or begins to do business in Alabama, as the case may be. The taxpayer
shall be liable for the tax levied by this article for each year beginning before the taxpayer
has been dissolved or otherwise ceased to exist or has withdrawn or forfeited its qualification
to do business in Alabama. The amount of the tax due shall be determined by multiplying the
taxpayer's net worth in Alabama by the rate determined in...
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10A-2-13.30
Section 10A-2-13.30 Court action. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) If a demand for payment under
Section 10A-2-13.28 remains unsettled, the corporation shall commence a proceeding within
60 days after receiving the payment demand and petition the court to determine the fair value
of the shares and accrued interest. If the corporation does not commence the proceeding within
the 60 day period, it shall pay each dissenter whose demand remains unsettled the amount demanded.
(b) The corporation shall commence the proceeding in the circuit court of the county where
the corporation's principal office, or, if none in this state, its registered office, is located.
If the corporation is a foreign corporation without a registered office in this state, it
shall commence the proceeding in the county in this state where the registered office of the
domestic corporation merged with or whose shares were...
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34-27A-7
Section 34-27A-7 Application for licensure and examination; fees; pledge; conditions. (a) Applications
for original license, renewal license, and examinations shall be made in writing to the board
on forms approved by the board. (b) Appropriate fees, as fixed by the board pursuant to Section
34-27A-6, shall accompany all applications for original license, renewal license, and examination.
(c) At the time of filing an application for license for any real property appraiser classification,
each applicant shall sign a pledge to comply with the standards set forth in this article
and state that he or she understands the types of misconduct for which disciplinary proceedings
may be initiated against a licensed real property appraiser, as set forth in this article.
(d) A license for any real estate appraiser classification shall be issued only to, and held
only by a person who meets all of the requirements of the following subdivisions (1) through
(7) below and either subdivision (8) or (9)...
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40-17-322
Section 40-17-322 Definitions. As used in this article and unless the context requires otherwise,
the following terms have the meaning ascribed herein: (1) AIRCRAFT. Any airplane or helicopter.
(2) ASSOCIATE JOBBER. A person who acquires motor fuel from a licensed distributor in this
state for subsequent sale. An associate jobber may obtain a distributor's license even though
it does not acquire fuel from a supplier in this state. (3) AVIATION FUEL. Aviation gasoline
or aviation jet fuel. (4) AVIATION GASOLINE. Motor fuel designed for use in the operation
of aircraft other than jet aircraft, and sold or used for that purpose. (5) AVIATION JET FUEL.
Motor fuel designed for use in the operation of jet or turbo-prop aircraft and sold or used
for that purpose. (6) BIODIESEL FUEL. Any motor fuel or mixture of motor fuels that is derived,
in whole or in part, from agricultural products or animal fats, or the wastes of such products
or fats, and is advertised as, offered for sale as, suitable...
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2-15-132
Section 2-15-132 Dealer license required; denial or revocation of license; appeal. (a) No person
may engage in the business of a dealer as defined in Section 2-15-131 without having a license
therefor issued by the Commissioner of Agriculture and Industries, which license shall expire
on December 31 and shall be renewable as of January 1 of each year. (b) An application for
a license or annual renewal of a license as required under subsection (a) of this section
shall be filed with the commissioner upon a form furnished for this purpose accompanied by
a fee established by the Board of Agriculture and Industries payable before issuance of such
license. Such application shall state the full name and address of the person applying for
the license, the name of each member of the firm or all officers, if a corporation or association,
together with the location of the applicant's business operation and the general territory
or area in which the applicant intends to buy livestock, and it...
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