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11-88-109
Section 11-88-109 Refunding of excess amounts collected from assessments upon demand therefor;
limitation period for claims for refunds; disposition of unclaimed amounts. In the event the
amounts collected from the assessments under any improvement resolution shall exceed the total
cost and expense of the improvement, there shall be refunded to each of the parties affected
by the said assessments a proportionate amount of the excess, upon demand made therefor by
the said parties within 12 months after maturity or payment of the bonds authorized with respect
to that improvement. If such claims be not presented within 12 months from the date of the
maturity or payment of the said bonds, they shall be forever barred, and such amount shall
be converted to the general fund of the authority. (Acts 1973, No. 826, p. 1293, §70.)...
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7-3-104
Section 7-3-104 Negotiable instrument. (a) Except as provided in subsections (c) and (d), "negotiable
instrument" means an unconditional promise or order to pay a fixed amount of money, with
or without interest or other charges described in the promise or order, if it: (1) Is payable
to bearer or to order at the time it is issued or first comes into possession of a holder;
(2) Is payable on demand or at a definite time; and (3) Does not state any other undertaking
or instruction by the person promising or ordering payment to do any act in addition to the
payment of money, but the promise or order may contain (i) an undertaking or power to give,
maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder
to confess judgment or realize on or dispose of collateral, or (iii) a waiver of the benefit
of any law intended for the advantage or protection of an obligor. (b) "Instrument"
means a negotiable instrument. (c) An order that meets all of the...
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7-3-411
Section 7-3-411 Refusal to pay cashier's checks, teller's checks, and certified checks. (a)
In this section, "obligated bank" means the acceptor of a certified check or the
issuer of a cashier's check or teller's check bought from the issuer. (b) If the obligated
bank wrongfully (i) refuses to pay a cashier's check or certified check, (ii) stops payment
of a teller's check, or (iii) refuses to pay a dishonored teller's check, the person asserting
the right to enforce the check is entitled to compensation for expenses and loss of interest
resulting from the nonpayment and may recover consequential damages if the obligated bank
refuses to pay after receiving notice of particular circumstances giving rise to the damages.
(c) Expenses or consequential damages under subsection (b) are not recoverable if the refusal
of the obligated bank to pay occurs because (i) the bank suspends payments, (ii) the obligated
bank asserts a claim or defense of the bank that it has reasonable grounds to...
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15-23-71
Section 15-23-71 Plea agreement. The victim has the right to be present at any proceeding at
which a negotiated plea for the person accused of committing the criminal offense against
the victim will be presented to the court. The court shall not accept a plea agreement unless:
(1) The prosecuting attorney advises the court that, before requesting the negotiated plea,
reasonable efforts were made to confer with the victim. (2) Reasonable efforts are made to
give the victim notice of the plea proceeding, including the offense to which the defendant
will plead guilty, the date that the plea will be presented to the court, the terms of any
sentence agreed to as part of the negotiated plea, and that the victim has the right to be
present. (3) The prosecuting attorney advises the court that, to the best of his or her knowledge,
the notice requirements of this article have been met. (Acts 1995, No. 95-583, p. 1234, §12.)...
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7-4A-507
Section 7-4A-507 Choice of law. (a) The following rules apply unless the affected parties otherwise
agree or subsection (c) applies: (1) The rights and obligations between the sender of a payment
order and the receiving bank are governed by the law of the jurisdiction in which the receiving
bank is located. (2) The rights and obligations between the beneficiary's bank and the beneficiary
are governed by the law of the jurisdiction in which the beneficiary's bank is located. (3)
The issue of when payment is made pursuant to a funds transfer by the originator to the beneficiary
is governed by the law of the jurisdiction in which the beneficiary's bank is located. (b)
If the parties described in each paragraph of subsection (a) have made an agreement selecting
the law of a particular jurisdiction to govern rights and obligations between each other,
the law of that jurisdiction governs those rights and obligations, whether or not the payment
order or the funds transfer bears a reasonable...
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35-10-96
Section 35-10-96 Affidavit of satisfaction requirements. An affidavit of satisfaction of a
security instrument must do all of the following: (1) Identify the original parties to the
security instrument, the secured creditor, and the recording data for the security instrument.
(2) State the basis upon which the person signing the affidavit is a satisfaction agent including,
without limitation, that the person signing the affidavit is authorized to sign on behalf
of, and to bind, the insurance company acting as satisfaction agent. (3) State that the person
signing the affidavit has determined that the real property described in the security instrument
is residential real property or was residential real property at the time the security instrument
was made. (4) State that the person signing the affidavit determined that the secured creditor
has received full payment or performance of the secured obligation and, if the security instrument
is an equity line security instrument, that the...
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5-20-4
Section 5-20-4 Establishment or acquisition of a credit card bank. Subject to the provisions
of this chapter and to the prior approval of the superintendent, any bank holding company,
bank holding company subsidiary, domestic lender or foreign lender may, either singly or jointly
with other bank holding companies, bank holding company subsidiaries, domestic lenders or
foreign lenders, establish or acquire, and own and control all the voting shares of a single
credit card bank located in Alabama when and for so long as the following conditions are satisfied:
(1) If the credit card bank is to be organized under the laws of this state, such bank shall
be organized as provided in this chapter and in the manner provided in Chapter 5A of this
title; (2) In connection with the application to organize, or to acquire control of a credit
card bank, the applicant or applicants shall pay one filing fee to the Alabama Department
of Banking in an amount not less than $15,000 to be set by the...
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6-6-740
Section 6-6-740 Judgment for failure to pay over money collected or deliver personal
property recovered in capacity as attorney. (a) Judgment may, in like manner, be summarily
entered against any attorney-at-law in this state who fails to pay over money collected by
him or deliver personal property recovered by him in that capacity, whether by an action
or otherwise, on demand made by the person entitled thereto, his agent or attorney for the
amount collected or the value of the property recovered, less the amount due the attorney
for fees or compensation for services, interest thereon, and damages at the rate of five percent
a month, after such demand, on the aggregate amount, in the circuit court of the county in
which such attorney resides or, if he has no known place of residence in this state, in the
circuit court of any county, on three days' personal notice; but such attorney may,
if a doubt exists as to the right of the person making the demand or if there is a dispute
as to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-740.htm - 2K - Match Info - Similar pages
7-4-212
Section 7-4-212 Presentment by notice of item not payable by, through, or at bank; liability
of drawer or indorser. (a) Unless otherwise instructed, a collecting bank may present an item
not payable by, through, or at a bank by sending to the party to accept or pay a written notice
that the bank holds the item for acceptance or payment. The notice must be sent in time to
be received on or before the day when presentment is due and the bank must meet any requirement
of the party to accept or pay under Section 7-3-501 by the close of the bank's next banking
day after it knows of the requirement. (b) If presentment is made by notice and payment, acceptance,
or request for compliance with a requirement under Section 7-3-501 is not received by the
close of business on the day after maturity or, in the case of demand items, by the close
of business on the third banking day after notice was sent, the presenting bank may treat
the item as dishonored and charge any drawer or indorser by sending...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-4-212.htm - 1K - Match Info - Similar pages
7-8-401
Section 7-8-401 Duty of issuer to register transfer. (a) If a certificated security in registered
form is presented to an issuer with a request to register transfer or an instruction is presented
to an issuer with a request to register transfer of an uncertificated security, the issuer
shall register the transfer as requested if: (1) under the terms of the security the person
seeking registration of transfer is eligible to have the security registered in its name;
(2) the indorsement or instruction is made by the appropriate person or by an agent who has
actual authority to act on behalf of the appropriate person; (3) reasonable assurance is given
that the indorsement or instruction is genuine and authorized (Section 7-8-402); (4) any applicable
law relating to the collection of taxes has been complied with; (5) the transfer does not
violate any restriction on transfer imposed by the issuer in accordance with Section 7-8-204;
(6) a demand that the issuer not register transfer has not...
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