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7-3-311
Section 7-3-311 Accord and satisfaction by use of instrument. (a) If a person against whom
a claim is asserted proves that (i) that person in good faith tendered an instrument to the
claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated
or subject to a bona fide dispute, and (iii) the claimant obtained payment of the instrument,
the following subsections apply. (b) Unless subsection (c) applies, the claim is discharged
if the person against whom the claim is asserted proves that the instrument or an accompanying
written communication contained a conspicuous statement to the effect that the instrument
was tendered as full satisfaction of the claim. (c) Subject to subsection (d), a claim is
not discharged under subsection (b) if either of the following applies: (1) The claimant,
if an organization, proves that (i) within a reasonable time before the tender, the claimant
sent a conspicuous statement to the person against whom the claim is asserted that...
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1-1-1
Section 1-1-1 Meaning of certain words and terms. The following words, whenever they appear
in this Code, shall have the signification attached to them in this section unless otherwise
apparent from the context: (1) PERSON. The word "person" includes a corporation
as well as a natural person. (2) WRITING. The word "writing" includes typewriting
and printing on paper. (3) OATH. The word "oath" includes affirmation. (4) SIGNATURE
or SUBSCRIPTION. The words "signature" or "subscription" include a mark
when the person cannot write, if his name is written near the mark, and witnessed by a person
who writes his own name as a witness, and include with respect to corporate securities facsimile
signature placed upon any instrument or writing with intent to execute or authenticate such
instrument or writing. (5) LUNATIC, INSANE or NON COMPOS MENTIS. The words "lunatic"
or "insane" or the term "non compos mentis" include all persons of unsound
mind. (6) PROPERTY. The word "property" includes both...
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27-20-2
Section 27-20-2 Group disability insurance - Mandatory policy provisions. Each such group disability
insurance policy shall contain in substance the following provisions: (1) A provision that,
in the absence of fraud, all statements made by applicants, or the policyholders or by an
insured person shall be deemed representations and not warranties and that no statement made
for the purpose of effecting insurance shall void such insurance or reduce benefits unless
contained in a written instrument signed by the policyholder or the insured person, a copy
of which has been furnished to such policyholder or to such person or his beneficiary; (2)
A provision that the insurer will furnish to the policyholder for delivery to each employee,
or member of the insured group, a statement in summary form of the essential features of the
insurance coverage of such employee or member and to whom benefits thereunder are payable.
If dependents are included in the coverage, only one certificate need be...
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31-13-15
Section 31-13-15 Employment of unauthorized aliens prohibited. (a) No business entity, employer,
or public employer shall knowingly employ, hire for employment, or continue to employ an unauthorized
alien to perform work within the State of Alabama. Knowingly employ, hire for employment,
or continue to employ an unauthorized alien means the actions described in 8 U.S.C. ยง 1324a.
(b) Effective April 1, 2012, every business entity or employer in this state shall enroll
in E-Verify and thereafter, according to the federal statutes and regulations governing E-Verify,
shall verify the employment eligibility of the employee through E-Verify. A business entity
or employer that uses E-Verify to verify the work authorization of an employee shall not be
deemed to have violated this section with respect to the employment of that employee. (c)
On a finding of a first violation by a court of competent jurisdiction that a business entity
or employer knowingly violated subsection (a), the court...
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34-27A-20
Section 34-27A-20 Revocation or suspension of license - Grounds; disciplinary proceedings;
administrative fines. (a) The board may investigate the actions of a licensed real property
appraiser on complaint or on its own motion, and may revoke or suspend the license, levy fines
as provided in subsection (c), require completion of education courses, or discipline by public
and no more than two private reprimands per licensed real property appraiser for any of the
following acts or omissions: (1) Procuring or attempting to procure a license or certificate
pursuant to this article by knowingly making a false statement, submitting false information,
refusing to provide complete information in response to a question in an application for a
license, or through any form of fraud or misrepresentation. (2) Failing to meet the minimum
qualifications established by this article. (3) Paying money other than authorized by this
article to any member or employee of the board to procure a license under...
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34-4-29
Section 34-4-29 Revocation or suspension - Procedure generally; grounds; notice and hearing
required before denial, suspension, or revocation; administrative fines. (a) The board may
revoke or suspend licenses as provided in this section. (b) The board may, upon its own motion,
and shall, upon the verified complaint in writing of any person containing evidence, documentary
or otherwise, that makes out a prima facie case, investigate the actions of any auctioneer,
apprentice auctioneer, or any person who assumes to act in either capacity, and hold a hearing
on the complaint. (c) The board may suspend or revoke any license which has been issued based
on false or fraudulent representations. The board may also suspend or revoke the license of
any licensee for any of the following acts: (1) Making any substantial misrepresentation.
(2) Pursuing a continued and flagrant course of misrepresentation or making false promises
through agents, advertising, or otherwise. (3) Accepting valuable...
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36-26-21
Section 36-26-21 Working test period for employees; removal during test period; notification
as to continuation of employee in position prior to expiration of test period; restoration
to eligibility, etc., list of employees removed during or at expiration of test period. (a)
Every person appointed to a position in the classified service after certification of his
name from a promotion list or an employment list shall be tested by a working test while occupying
such position. The period of such working test shall commence immediately upon appointment
and shall continue for such time, not less than six months, as shall be established by the
director. At such times during the working test period and in such manner as the director
may require, the appointing authority shall report to the director his observation of the
employee's work and his judgment of the employee's willingness and ability to perform his
duties satisfactorily and as to his habits and dependability. (b) At any time...
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40-18-73
Section 40-18-73 Withholding certificates. (a) Every employee, on or before the date of commencement
of employment, shall furnish his or her employer with a signed Alabama withholding exemption
certificate relating to the number of withholding exemptions which he or she claims, which
in no event shall exceed the number to which the employee is entitled. In the event the employee
inflates the number of exemptions allowed by this Chapter on Form A-4, the employee shall
pay a penalty of five hundred dollars ($500) for such action pursuant to Section 40-29-75.
(b) Due to the fact that the federal exemptions differ significantly from Alabama law, federal
Form W-4 is not an acceptable filing under this section; rather Alabama Form A-4 must be utilized
to comply with this section. The Department of Revenue may provide downloadable withholding
forms in English and other languages on the department website. (c) In the event the employee
fails to furnish the employer a signed Alabama Form A-4,...
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10A-2A-1.20
Section 10A-2A-1.20 Requirements for filing instruments; extrinsic facts. (a) Whenever any
filing instrument is to be filed with the Secretary of State or in accordance with this chapter,
such instrument shall be executed as follows: (1) Except as provided in subsection (a)(3),
the certificate of incorporation, and any other instrument to be filed before the election
of the initial board of directors if the initial directors were not named in the certificate
of incorporation, shall be signed by the incorporator or incorporators or the successors and
assigns of the incorporator or incorporators. If any incorporator is not available then any
other instrument may be signed, with the same effect as if the incorporator had signed it,
by any person for whom or on whose behalf the incorporator, in executing the certificate of
incorporation, was acting directly or indirectly as employee or agent, provided that the other
instrument shall state that the incorporator is not available and the...
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34-3-6
Section 34-3-6 Who may practice as attorneys. (a) Only such persons as are regularly licensed
have authority to practice law. (b) For the purposes of this chapter, the practice of law
is defined as follows: Whoever, (1) In a representative capacity appears as an advocate or
draws papers, pleadings, or documents, or performs any act in connection with proceedings
pending or prospective before a court or a body, board, committee, commission, or officer
constituted by law or having authority to take evidence in or settle or determine controversies
in the exercise of the judicial power of the state or any subdivision thereof; or (2) For
a consideration, reward, or pecuniary benefit, present or anticipated, direct or indirect,
advises or counsels another as to secular law, or draws or procures or assists in the drawing
of a paper, document, or instrument affecting or relating to secular rights; or (3) For a
consideration, reward, or pecuniary benefit, present or anticipated, direct or...
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