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19-3A-409
Section 19-3A-409 Deferred compensation, annuities, and similar payments. (a) In this section:
(1) "Payment" means a payment that a fiduciary may receive over a fixed number of
years or during the life of one or more individuals because of services rendered or property
transferred to the payer in exchange for future payments. The term includes a payment made
in money or property from the payer's general assets or from a separate fund created by the
payer. For purposes of subsections (d), (e), (f), and (g), the term also includes any payment
from any separate fund, regardless of the reason for the payment. (2) "Separate fund"
includes a private or commercial annuity, an individual retirement account, and a pension,
profit-sharing, stock-bonus, or stock-ownership plan. (b) To the extent that a payment or
portion thereof is characterized by other sections of this chapter as income in the hands
of the payer, a fiduciary shall allocate such payment or portion thereof to income. The...
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34-14A-15
Section 34-14A-15 Recovery fund. (a) The board may establish a Homeowners' Recovery Fund for
the purpose of consumer protection, consumer education, and consumer awareness. An aggrieved
homeowner may recover actual economic damages, not including interest and court costs, sustained
within the state as the direct result of conduct of a licensee in violation of this chapter
or the rules of the board from the Homeowners' Recovery Fund. Any payments from the Homeowners'
Recovery Fund shall be subject to the following limitations and conditions: (1) The Homeowners'
Recovery Fund shall make payments only to homeowners who file a complaint with the board pursuant
to the requirements of subsection (b) of Section 34-14A-8. (2) The Homeowners' Recovery Fund
shall not make payments based on consent judgments. (3) Failure of the homeowner to follow
any provisions of this chapter shall preclude payment from the Homeowners' Recovery Fund.
(b) The board, by rule, shall determine the maximum amount of...
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35-11-451
Section 35-11-451 Brokers lien generally; recording notice; notice requirements; enforcement
of lien. (a) A real estate broker shall have a lien, in the amount of the compensation agreed
upon by and between the broker and his or her client, upon commercial real estate or any interest
therein which is subject to and described in the brokerage agreement and owned by a client
or by a party whose commercial real estate may be liened if different from the client who
has received written notice from the broker in conformity with subsection (f) prior to obtaining
an interest in the commercial real estate through a purchase, lease, or conveyance. Commercial
real estate, or an interest therein, acquired by a person other than a client prior to receipt
of the notice from the broker required by this division is not subject to the lien provided
by this division. The lien shall arise: (1) Upon the satisfaction of each of: a. Conveyance
of the commercial real estate identified in and subject to the...
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6-5-521
Section 6-5-521 "Product liability action" defined. (a) A "product liability
action" means any action brought by a natural person for personal injury, death, or property
damage caused by the manufacture, construction, design, formula, preparation, assembly, installation,
testing, warnings, instructions, marketing, packaging, or labeling of a manufactured product
when such action is based upon (1) negligence, (2) innocent or negligent misrepresentation,
(3) the manufacturer's liability doctrine, (4) the Alabama extended manufacturer's liability
doctrine as it exists or is hereafter construed or modified, (5) breach of any implied warranty,
or (6) breach of any oral express warranty and no other. A product liability action does not
include an action for contribution or indemnity. (b) No product liability action may be asserted
or may be provided a claim for relief against any distributor, wholesaler, dealer, retailer,
or seller of a product, or against an individual or business entity...
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7-4A-502
Section 7-4A-502 Creditor process served on receiving bank; setoff by beneficiary's bank. (a)
As used in this section, "creditor process" means levy, attachment, garnishment,
notice of lien, sequestration, or similar process issued by, or on behalf of a creditor or
other claimant with respect to an account. (b) This subsection applies to creditor process
with respect to an authorized account of the sender of a payment order if the creditor process
is served on the receiving bank. For the purpose of determining rights with respect to the
creditor process, if the receiving bank accepts the payment order the balance in the authorized
account is deemed to be reduced by the amount of the payment order to the extent the bank
did not otherwise receive payment of the order, unless the creditor process is served at a
time and in a manner affording the bank a reasonable opportunity to act on it before the bank
accepts the payment order. (c) If a beneficiary's bank has received a payment order...
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27-17A-33
Section 27-17A-33 Rights of purchaser; cancellation of contract; revocability. (a) A purchaser,
by providing written notice to the certificate holder, may cancel a preneed contract within
30 days of the date that the contract was executed provided that the funeral merchandise and
funeral services have not yet been used. Upon providing the notice, the purchaser shall be
entitled to a complete refund of the amount paid, except for the amount allocable to any funeral
merchandise or funeral services that have been used, and shall be released from all obligations
under the contract. This subsection shall apply to all items that are purchased as part of
a preneed contract. (b) After 30 days from the date the preneed contract was executed, a purchaser,
by providing written notice to the certificate holder, may cancel the funeral services, funeral
merchandise, facilities, and cash advance items portions of a preneed contract at any time,
and shall be entitled to the refund defined in the...
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40-17-168.5
Section 40-17-168.5 Surety bond. (a) Upon approval of the application by the department, the
applicant must file with the department a surety bond. The bond amount for an applicant for
a license as a public seller of CNG/LNG or a fleet producer of CNG/LNG shall be a minimum
of twenty-five thousand dollars ($25,000) or in the approximate amount of twice the average
monthly tax liability, whichever is greater. (b) The department shall review the bond amounts
every five years beginning January 2023 to ensure that each public seller of CNG/LNG and each
fleet producer of CNG/LNG has posted a surety bond sufficient to cover twice the average monthly
tax liability as referenced in subdivision (a). Based upon this review or at any time that
the department determines that the bond amount is insufficient to cover twice the average
monthly tax liability, the commissioner may require an additional surety bond from any licensee
under one or more of the following circumstances: (1) The commissioner...
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8-1-4
Section 8-1-4 Reimbursement for certain federal manufacturer's excise taxes; option to tender
payment one business day before remittance due to Internal Revenue Service; notification and
security; applicability. (a) A party to a contract required to reimburse another party to
the contract for the federal manufacturer's excise tax levied pursuant to Sections 4081 to
4083, inclusive, and Section 4091 of Title 26 of the United States Code, whether as a separate
item or as a part of the price, may tender payment for the taxes one business day prior to
the time that the other party is required to remit the taxes to the United States Internal
Revenue Service. (b) If a party elects to make payment pursuant to subsection (a), the party
to which the payment is owed may demand security for the payment of the taxes in proportion
to the amount the taxes represent compared to the security demanded on the contract as a whole.
The other party may not change the payment terms of the contract without a...
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7-3-206
Section 7-3-206 Restrictive indorsement. (a) An indorsement limiting payment to a particular
person or otherwise prohibiting further transfer or negotiation of the instrument is not effective
to prevent further transfer or negotiation of the instrument. (b) An indorsement stating a
condition to the right of the indorsee to receive payment does not affect the right of the
indorsee to enforce the instrument. A person paying the instrument or taking it for value
or collection may disregard the condition, and the rights and liabilities of that person are
not affected by whether the condition has been fulfilled. (c) If an instrument bears an indorsement
(i) described in Section 7-4-201(b), or (ii) in blank or to a particular bank using the words
"for deposit," "for collection," or other words indicating a purpose of
having the instrument collected by a bank for the indorser or for a particular account, the
following rules apply: (1) A person, other than a bank, who purchases the instrument...
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25-4-145
Section 25-4-145 Penalties; limitation of actions; collection of overpayments; waiver of overpayments.
(a) Penalties. (1) Whoever willfully makes a false statement or representation or who willfully
fails to disclose a material fact to obtain or increase any benefit or payment under this
chapter, or under an unemployment insurance law of any other state or government, either for
himself or herself or for any other person, whether such benefit or payment is actually received
or not, shall be guilty of an offense as follows and each such false statement or representation
shall constitute a separate and distinct offense: a. If the aggregate amount involved in the
offense exceeds two thousand five hundred dollars ($2,500) in value, that shall constitute
a Class B felony. b. If the aggregate amount involved in the offense exceeds five hundred
dollars ($500) but does not exceed two thousand five hundred dollars ($2,500), that shall
constitute a Class C felony. c. If the aggregate amount...
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