|
13A-6-191
Section 13A-6-191 Definitions. For purposes of this chapter, the following terms shall have
the following meanings: (1) CAREGIVER. An individual who has the responsibility for the care
of an elderly person as a result of family relationship or who has assumed the responsibility
for the care of the person voluntarily, for pecuniary gain, by contract, or as a result of
the ties of friendship. (2) DECEPTION. Deception occurs when a person knowingly: a. Creates
or confirms another's impression which is false and which the defendant does not believe to
be true. b. Fails to correct a false impression which the defendant previously has created
or confirmed. c. Fails to correct a false impression when the defendant is under a duty to
do so. d. Prevents another from acquiring information pertinent to the disposition of the
property involved. e. Sells or otherwise transfers or encumbers property, failing to disclose
a lien, adverse claim, or other legal impediment to the enjoyment of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-191.htm - 3K - Match Info - Similar pages
5-19-19
Section 5-19-19 Liabilities of creditor making excess finance charge; failure to obtain license;
damages for deliberate violation or reckless disregard; written notice of violations; oral
statements not admissible; fiduciary duty not created. (a)(1)(i) Any creditor charging a finance
charge in excess of the amount authorized herein, except as specified in subdivision (2),
shall forfeit debtor's actual economic damages not to exceed the finance charge, and shall
refund to the debtor such amount of the actual economic damages, which may be done by reducing
the amount of the debtor's obligation. If the debtor is entitled to a refund and the creditor
refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including
the filing of a legal action, the debtor shall recover a penalty of five times the amount
of the actual economic damages not to exceed the finance charge, but in any event not less
than one hundred dollars ($100). Provided, however, as to any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-19.htm - 7K - Match Info - Similar pages
8-6-75
Section 8-6-75 (Repealed effective January 1, 1997) Assignment by fiduciary. Except as otherwise
provided in this article, a corporation or transfer agent making a transfer of a security
pursuant to an assignment by a fiduciary may: Assume without inquiry that the assignment,
even though to the fiduciary himself or to his nominee, is within his authority and capacity
and is not in breach of his fiduciary duties; Assume without inquiry that the fiduciary has
complied with any controlling instrument and with the law of the jurisdiction governing the
fiduciary relationship, including any law requiring the fiduciary to obtain court approval
of the transfer; and Not be charged with notice of, and is not bound to obtain or examine
any court record or any recorded or unrecorded document relating to, the fiduciary relationship
or the assignment even though the record or document is in its possession. (Acts 1961, No.
1016, p. 1593, ยง3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-6-75.htm - 1K - Match Info - Similar pages
7-3-419
Section 7-3-419 Instruments signed for accommodation. (a) If an instrument is issued for value
given for the benefit of a party to the instrument ("accommodated party") and another
party to the instrument ("accommodation party") signs the instrument for the purpose
of incurring liability on the instrument without being a direct beneficiary of the value given
for the instrument, the instrument is signed by the accommodation party "for accommodation."
(b) An accommodation party may sign the instrument as maker, drawer, acceptor, or indorser
and, subject to subsection (d), is obliged to pay the instrument in the capacity in which
the accommodation party signs. The obligation of an accommodation party may be enforced notwithstanding
any statute of frauds and whether or not the accommodation party receives consideration for
the accommodation. (c) A person signing an instrument is presumed to be an accommodation party
and there is notice that the instrument is signed for accommodation if the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-419.htm - 2K - Match Info - Similar pages
7-3-420
Section 7-3-420 Conversion of instrument. (a) An instrument is converted under circumstances
which would constitute conversion under personal property law. An instrument is also converted
if it is taken by transfer, other than a negotiation, from a person not entitled to enforce
the instrument or a bank makes or obtains payment with respect to the instrument for a person
not entitled to enforce the instrument or receive payment. An action for conversion of an
instrument may not be brought by (i) the issuer or acceptor of the instrument or (ii) a payee
or indorsee who did not receive delivery of the instrument either directly or through delivery
to an agent or a co-payee. (b) In an action under subsection (a), the measure of liability
is presumed to be the amount payable on the instrument, but recovery may not exceed the amount
of the plaintiff's interest in the instrument. (c) A representative, other than a depositary
bank, who has in good faith dealt with an instrument or its proceeds...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-420.htm - 1K - Match Info - Similar pages
43-2-833
Section 43-2-833 General duties; relation and liability to persons interested in estate; standing
to sue. (a) A personal representative is a fiduciary. Except as otherwise provided by the
terms of the will, the personal representative shall observe the standards in dealing with
the estate that would be observed by a prudent person dealing with the property of another.
If the personal representative has special skills or is named personal representative on the
basis of representations of special skills or expertise, the personal representative is under
a duty to use those skills. A personal representative is under a duty to settle and distribute
the estate of the decedent in accordance with the terms of any probated and effective will
and Title 43, and as expeditiously and efficiently as is consistent with the best interests
of the estate. The personal representative shall use the authority conferred upon personal
representatives by law, the terms of the will, if any, and any order in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-833.htm - 2K - Match Info - Similar pages
45-37-243.06
Section 45-37-243.06 Records; inspection. (a) It shall be the duty of any person subject to
the license tax imposed by this subpart to keep full and complete records of all purchases
and of all other matters from which the correct amount of license tax to which such person
is subject may be ascertained; and in the event that such person shall discontinue his or
her business, he or she shall not destroy or dispose of such records until he or she shall
have given the judge of probate, license commissioner, director of county department of revenue,
or other public officer performing like duties in such counties 30 days' notice in writing
of his or her intent to destroy or dispose of such records. The failure of such person to
keep such records, or his or her destruction or disposition of such records without giving
such notice, shall constitute a misdemeanor. (b) Upon demand by the judge of probate, license
commissioner, director of county department of revenue, or other public officer...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-243.06.htm - 3K - Match Info - Similar pages
38-1-3
Section 38-1-3 Legal representative for handling public assistance payments of incompetents.
If any otherwise qualified applicant for or recipient of public assistance appears to be incapable,
physically or mentally, or both, of managing his public assistance payments, and has no legal
guardian, he, his spouse, father, mother, child, brother or sister, with the consent of the
Department of Human Resources, or the Department of Human Resources may petition the probate
judge for the appointment of a legal representative to handle his public assistance payments
only. The petition shall be accompanied by a certificate in writing of a physician which certificate
shall state that the physician upon examination believes the applicant or recipient to be
physically or mentally, or both, incapable of managing his public assistance payments. The
probate judge shall conduct a hearing for the purpose of appointing a competent person as
legal representative after notice of at least 10 days in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-1-3.htm - 3K - Match Info - Similar pages
8-38-5
Section 8-38-5 Notice of security breach - Individuals affected. (a) A covered entity that
is not a third-party agent that determines under Section 8-38-4 that, as a result of a breach
of security, sensitive personally identifying information has been acquired or is reasonably
believed to have been acquired by an unauthorized person, and is reasonably likely to cause
substantial harm to the individuals to whom the information relates, shall give notice of
the breach to each individual. (b) Notice to individuals under subsection (a) shall be made
as expeditiously as possible and without unreasonable delay, taking into account the time
necessary to allow the covered entity to conduct an investigation in accordance with Section
8-38-4. Except as provided in subsection (c), the covered entity shall provide notice within
45 days of the covered entity's receipt of notice from a third-party agent that a breach has
occurred or upon the covered entity's determination that a breach has occurred...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-38-5.htm - 4K - Match Info - Similar pages
12-21-163
Section 12-21-163 Witness having interest. In civil actions and proceedings, there must be
no exclusion of any witness because he is a party or interested in the issue tried, except
that no person having a pecuniary interest in the result of the action or proceeding shall
be allowed to testify against the party to whom his interest is opposed as to any transaction
with, or statement by, the deceased person whose estate is interested in the result of the
action or proceeding or when such deceased person, at the time of such transaction or statement,
acted in any representative or fiduciary relation whatsoever to the party against whom such
testimony is sought to be introduced, unless called to testify thereto by the party to whom
such interest is opposed or unless the testimony of such deceased person in relation to such
transaction or statement is introduced in evidence by the party whose interest is opposed
to that of the witness or has been taken and is on file in the case. No person...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-163.htm - 1K - Match Info - Similar pages
|