Code of Alabama

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7-3-501
Section 7-3-501 Presentment. (a) "Presentment" means a demand made by or on behalf
of a person entitled to enforce an instrument (i) to pay the instrument made to the drawee
or a party obliged to pay the instrument or, in the case of a note or accepted draft payable
at a bank, to the bank, or (ii) to accept a draft made to the drawee. (b) The following rules
are subject to Article 4, agreement of the parties, and clearing-house rules and the like:
(1) Presentment may be made at the place of payment of the instrument and must be made at
the place of payment if the instrument is payable at a bank in the United States; may be made
by any commercially reasonable means, including an oral, written, or electronic communication;
is effective when the demand for payment or acceptance is received by the person to whom presentment
is made; and is effective if made to any one of two or more makers, acceptors, drawees, or
other payors. (2) Upon demand of the person to whom presentment is made, the...
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7-1-201
in size than the surrounding text, or in contrasting type, font, or color to the surrounding
text of the same or lesser size; and (B) Language in the body of a record or display in larger
type than the surrounding text, or in contrasting type, font, or color to the surrounding
text of the same size, or set off from surrounding text of the same size by symbols or other
marks that call attention to the language. (11) "Consumer" means an individual who
enters into a transaction primarily for personal, family, or household purposes. (12)
"Contract," as distinguished from "agreement," means the total legal obligation
that results from the parties' agreement as determined by this title as supplemented by any
other applicable laws. (13) "Creditor" includes a general creditor, a secured creditor,
a lien creditor, and any representative of creditors, including an assignee for the benefit
of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator
of an...
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7-9A-102
term includes: (A) proceeds to which a security interest attaches; (B) accounts, chattel paper,
payment intangibles, and promissory notes that have been sold; and (C) goods that are the
subject of a consignment. (13) "Commercial tort claim" means a claim arising in
tort with respect to which: (A) the claimant is an organization; or (B) the claimant is an
individual and the claim: (i) arose in the course of the claimant's business or profession;
and (ii) does not include damages arising out of personal injury to or the death
of an individual. (14) "Commodity account" means an account maintained by a commodity
intermediary in which a commodity contract is carried for a commodity customer. (15) "Commodity
contract" means a commodity futures contract, an option on a commodity futures contract,
a commodity option, or another contract if the contract or option is: (A) traded on or subject
to the rules of a board of trade that has been designated as a contract market for such a
contract...
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34-27-36
limited liability corporation, for the purpose of receiving payments contemplated in this subsection.
The business organization shall not be required to be licensed under this chapter, and shall
not engage in any other activity requiring a real estate license. (12) Paying or receiving
any rebate from any person in a real estate transaction. (13) Inducing any party to a contract
to break the contract for the purpose of substituting a new contract, where the substitution
is motivated by the personal gain of the licensee. (14) If the licensee is a salesperson
or associate broker, accepting a commission or other valuable consideration for performing
any act for which a license is required from any person except his or her qualifying broker.
(15) If a qualifying broker or company, allowing a salesperson or associate broker licensed
under him or her to advertise himself or herself as a real estate agent without the name or
trade name of the qualifying broker or company appearing...
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8-7A-2
Section 8-7A-2 Definitions. For purposes of this chapter, the following terms shall have the
following meanings: (1) AGENT or AUTHORIZED DELEGATE. Any person designated or employed by
a licensee under this chapter to provide monetary transmission services on behalf of the licensee.
(2) APPLICANT. Any person that files an application for a license under this chapter. (3)
BANK. An institution organized under federal or state law which meets any of the following
requirements: a. Accepts demand deposits or deposits that the depositor may use for payment
to third parties and engages in the business of making loans. b. Engages in credit card operations
and maintains only one office that accepts deposits, does not accept demand deposits or deposits
that a depositor may use for payments to third parties, does not accept a savings or time
deposit less than one hundred thousand dollars ($100,000), and does not engage in the business
of making commercial loans. c. Is a trust company subject to...
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7-3-502
Section 7-3-502 Dishonor. (a) Dishonor of a note is governed by the following rules: (1) If
the note is payable on demand, the note is dishonored if presentment is duly made to the maker
and the note is not paid on the day of presentment. (2) If the note is not payable on demand
and is payable at or through a bank or the terms of the note require presentment, the note
is dishonored if presentment is duly made and the note is not paid on the day it becomes payable
or the day of presentment, whichever is later. (3) If the note is not payable on demand and
paragraph (2) does not apply, the note is dishonored if it is not paid on the day it becomes
payable. (b) Dishonor of an unaccepted draft other than a documentary draft is governed by
the following rules: (1) If a check is duly presented for payment to the payor bank otherwise
than for immediate payment over the counter, the check is dishonored if the payor bank makes
timely return of the check or sends timely notice of dishonor or...
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10A-2A-7.24
Section 10A-2A-7.24 Acceptance of votes and other instruments. (a) If the name signed on a
vote, ballot, consent, waiver, stockholder demand, or proxy appointment corresponds to the
name of a stockholder, the corporation, if acting in good faith, is entitled to accept the
vote, ballot, consent, waiver, stockholder demand, or proxy appointment and give it effect
as the act of the stockholder. (b) If the name signed on a vote, ballot, consent, waiver,
stockholder demand, or proxy appointment does not correspond to the name of its stockholder,
the corporation, if acting in good faith, is nevertheless entitled to accept the vote, ballot,
consent, waiver, stockholder demand, or proxy appointment and give it effect as the act of
the stockholder if: (1) the stockholder is an entity and the name signed purports to be that
of an officer or agent of the entity; (2) the name signed purports to be that of an administrator,
executor, guardian, or conservator representing the stockholder and, if the...
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41-1-60
from liability for the underlying obligation except to the extent that the state government
realizes final payment of the underlying obligation in cash or the equivalent. If final payment
is not made by the credit card issuer or other guarantor of payment in the credit card transaction,
then the underlying obligation shall survive and the state government shall retain all remedies
for enforcement which would have applied if the credit card transaction had not occurred.
No contract may modify the provisions of this subsection. This subsection shall not make the
underlying obligor liable for any discount or administrative fees paid to a credit card issuer
or other party by state government. (g) A state government officer or employee who accepts
a credit card payment in accordance with this section and any applicable policies, rules,
or regulations of state government shall not thereby incur any personal liability for
the final collection of such payments. (Act 2000-314, p. 483, §6.)...
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45-49-160.04
the processing or transactional fees imposed on the transaction by the credit card company
or banking institution. (f) No person making any payment by credit card shall be relieved
from liability for the underlying obligation except to the extent that the government realizes
final payment of the underlying obligation in cash or the equivalent. If final payment is
not made by the credit card processor or other guarantor of payment in the credit card transaction,
the underlying obligation shall survive and the elected official shall retain all remedies
for enforcement which would have applied if the credit card transaction had not occurred.
No contract may modify this provision. (g) An elected official who accepts a credit card payment
in accordance with this section and any applicable policies, rules, or regulations of county
government shall not incur any personal liability for the final collection of the payments.
(Act 99-651, 2nd Sp. Sess., p. 105, § 1; Act 2010-268, p. 488, § 1.)...
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45-37-73.01
liability for the underlying obligation except to the extent that county government realizes
final payment of the underlying obligation in cash or the equivalent. If final payment is
not made by the credit card issuer or other guarantor of payment in the credit card transaction,
then the underlying obligation shall survive and county government shall retain all remedies
for enforcement which would have applied if the credit card transaction had not occurred.
No contract may modify the provisions of this subdivision. This subdivision shall not make
the underlying obligor liable for any discount or administrative fees paid to a credit card
issuer or other party by county government. (8) A county government officer or employee who
accepts a credit card payment in accordance with this section and any applicable procedures,
rules, or regulations of the governing body shall not thereby incur any personal liability
for the final collection of the payments. (Act 99-325, p. 450, §§1, 2.)...
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