7-4-214
Section 7-4-214 Right of charge-back or refund; liability of collecting bank; return of item.
(a) If a collecting bank has made provisional settlement with its customer for an item and
fails by reason of dishonor, suspension of payments by a bank, or otherwise to receive settlement
for the item which is or becomes final, the bank may revoke the settlement given by it, charge
back the amount of any credit given for the item to its customer's account, or obtain refund
from its customer, whether or not it is able to return the item, if by its midnight deadline
or within a longer reasonable time after it learns the facts it returns the item or sends
notification of the facts. If the return or notice is delayed beyond the bank's midnight deadline
or a longer reasonable time after it learns the facts, the bank may revoke the settlement,
charge back the credit, or obtain refund from its customer, but it is liable for any loss
resulting from the delay. These rights to revoke, charge back, and...
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7-4-215
Section 7-4-215 Final payment of item by payor bank; when provisional debits and credits become
final; when certain credits become available for withdrawal. (a) An item is finally paid by
a payor bank when the bank has first done any of the following: (1) Paid the item in cash;
(2) Settled for the item without having a right to revoke the settlement under statute, clearing-house
rule, or agreement; or (3) Made a provisional settlement for the item and failed to revoke
the settlement in the time and manner permitted by statute, clearing-house rule, or agreement.
(b) If provisional settlement for an item does not become final, the item is not finally paid.
(c) If provisional settlement for an item between the presenting and payor banks is made through
a clearing house or by debits or credits in an account between them, then to the extent that
provisional debits or credits for the item are entered in accounts between the presenting
and payor banks or between the presenting and successive...
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7-4-301
Section 7-4-301 Deferred posting; recovery of payment by return of items; time of dishonor;
return of items by payor bank. (a) If a payor bank settles for a demand item other than a
documentary draft presented otherwise than for immediate payment over the counter before midnight
of the banking day of receipt, the payor bank may revoke the settlement and recover the settlement
if, before it has made final payment and before its midnight deadline, it (1) returns the
item; or (2) sends written notice of dishonor or nonpayment if the item is unavailable for
return. (b) If a demand item is received by a payor bank for credit on its books, it may return
the item or send notice of dishonor and may revoke any credit given or recover the amount
thereof withdrawn by its customer, if it acts within the time limit and in the manner specified
in subsection (a). (c) Unless previous notice of dishonor has been sent, an item is dishonored
at the time when for purposes of dishonor it is returned or...
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7-4-303
Section 7-4-303 When items subject to notice, stop-payment order, legal process, or setoff;
order in which items may be charged or certified. (a) Any knowledge, notice, or stop-payment
order received by, legal process served upon, or setoff exercised by a payor bank comes too
late to terminate, suspend, or modify the bank's right or duty to pay an item or to charge
its customer's account for the item if the knowledge, notice, stop-payment order, or legal
process is received or served and a reasonable time for the bank to act thereon expires or
the setoff is exercised after the earliest of the following: (1) The bank accepts or certifies
the item; (2) The bank pays the item in cash; (3) The bank settles for the item without having
a right to revoke the settlement under statute, clearing-house rule, or agreement; (4) The
bank becomes accountable for the amount of the item under Section 7-4-302 dealing with the
payor bank's responsibility for late return of items; or (5) With respect to...
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7-4-213
Section 7-4-213 Medium and time of settlement by bank. (a) With respect to settlement by a
bank, the medium and time of settlement may be prescribed by Federal Reserve regulations or
circulars, clearing-house rules, and the like, or agreement. In the absence of such prescription:
(1) The medium of settlement is cash or credit to an account in a Federal Reserve bank of
or specified by the person to receive settlement; and (2) The time of settlement, is: (i)
With respect to tender of settlement by cash, a cashier's check, or teller's check, when the
cash or check is sent or delivered; (ii) With respect to tender of settlement by credit in
an account in a Federal Reserve bank, when the credit is made; (iii) With respect to tender
of settlement by a credit or debit to an account in a bank, when the credit or debit is made
or, in the case of tender of settlement by authority to charge an account, when the authority
is sent or delivered; or (iv) With respect to tender of settlement by a...
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7-4-201
Section 7-4-201 Status of collecting bank as agent and provisional status of credits, applicability
of article; item indorsed "pay any bank." (a) Unless a contrary intent clearly appears
and before the time that a settlement given by a collecting bank for an item is or becomes
final, the bank, with respect to the item, is an agent or sub-agent of the owner of the item
and any settlement given for the item is provisional. This provision applies regardless of
the form of indorsement or lack of indorsement and even though credit given for the item is
subject to immediate withdrawal as of right or is in fact withdrawn; but the continuance of
ownership of an item by its owner and any rights of the owner to proceeds of the item are
subject to rights of a collecting bank, such as those resulting from outstanding advances
on the item and rights of recoupment or setoff. If an item is handled by banks for purposes
of presentment, payment, collection, or return, the relevant provisions of this...
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7-4-210
Section 7-4-210 Security interest of collecting bank in items, accompanying documents, and
proceeds. (a) A collecting bank has a security interest in an item and any accompanying documents
or the proceeds of either: (1) In case of an item deposited in an account, to the extent to
which credit given for the item has been withdrawn or applied; (2) In case of an item for
which it has given credit available for withdrawal as of right, to the extent of the credit
given, whether or not the credit is drawn upon or there is a right of charge-back; or (3)
If it makes an advance on or against the item. (b) If credit given for several items received
at one time or pursuant to a single agreement is withdrawn or applied in part, the security
interest remains upon all the items, any accompanying documents or the proceeds of either.
For the purpose of this section, credits first given are first withdrawn. (c) Receipt by a
collecting bank of a final settlement for an item is a realization on its...
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7-4-104
Section 7-4-104 Definitions and index of definitions. (a) In this article, unless the context
otherwise requires: (1) "Account" means any deposit or credit account with a bank,
including a demand, time, savings, passbook, share draft, or like account, other than an account
evidenced by a certificate of deposit; (2) "Afternoon" means the period of a day
between noon and midnight; (3) "Banking day" means the part of a day on which a
bank is open to the public for carrying on substantially all of its banking functions; (4)
"Clearing house" means an association of banks or other payors regularly clearing
items; (5) "Customer" means a person having an account with a bank or for whom a
bank has agreed to collect items, including a bank that maintains an account at another bank;
(6) "Documentary draft" means a draft to be presented for acceptance or payment
if specified documents, certificated securities (Section 7-8-102) or instructions for uncertificated
securities (Section 7-8-308), or...
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8-19A-14
Section 8-19A-14 Contract requirements; credit cards; notice of cancellation; returns; purchaser's
rights. (a) A purchase of consumer goods or services ordered as a result of a commercial telephone
solicitation as defined in this chapter, if not followed by a signed written contract, is
not final. If a contract is not made in compliance with this section, it is not valid and
enforceable against the purchaser. The contract made pursuant to a commercial telephone solicitation
shall: (1) Be reduced to writing and be signed by the purchaser. (2) Match the description
of the goods or services as that principally used in the telephone solicitation. (3) Contain
the name, address, telephone number, and registration number of the commercial telephone seller
and the salesperson, the total price of the contract, and a detailed description of the goods
or services being sold. (4) Contain the value or worth of any item, good, or service specified
in Section 8-19A-13, and the basis for the...
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40-27-1
Section 40-27-1 Compact adopted; terms. The following Multistate Tax Compact is hereby approved,
adopted and enacted into law by the State of Alabama: Multistate Tax Compact Article I. Purposes.
The purposes of this compact are to: 1. Facilitate proper determination of state and local
tax liability of multistate taxpayers, including the equitable apportionment of tax bases
and settlement of apportionment disputes. 2. Promote uniformity or compatibility in significant
components of tax systems. 3. Facilitate taxpayer convenience and compliance in the filing
of tax returns and in other phases of tax administration. 4. Avoid duplicative taxation. Article
II. Definitions. As used in this compact: 1. "State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession
of the United States. 2. "Subdivision" means any governmental unit or special district
of a state. 3. "Taxpayer" means any corporation, partnership, firm,...
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