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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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8-8-15
Section 8-8-15 Bad check charge; deemed not finance charge. (a) Any lender of money, extender
of other credit, or merchant making a sale of merchandise, goods, or services, or the assignee
of the lender, extender of credit, or merchant who receives a check, draft, negotiable order
of withdrawal, or like instrument drawn on a bank or other depository institution given by
any person in full or partial repayment of a loan, other extension of credit, or a sale of
merchandise, goods, or services may, if the instrument is not paid or is dishonored by the
institution, charge and collect, through regular billing procedure or otherwise, from the
borrower, person to whom the credit was extended, or from whom the instrument was received,
a bad check charge of not more than the greater of either twenty-five dollars ($25) or an
amount equal to the actual charge by the depository institution for the return of unpaid or
dishonored instruments. (b) Commencing January 1, 1999, the bad check charge in...
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19-4-1
Section 19-4-1 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) FIDUCIARY. An administrator, an administrator with the will annexed, an administrator
de bonis non, an executor, a trustee, a guardian, a conservator, an agent, a custodian or
a custodian or agent for another fiduciary or fiduciaries. (2) FIDUCIARY ACCOUNT. An estate,
a trust, a guardianship, a custodianship, an agency or any other fiduciary relationship, including
a custodianship or agency for another fiduciary or fiduciaries. (3) BANK. A bank or trust
company organized and existing under the laws of Alabama with authority to act as a fiduciary
and a national banking association with its principal office in the State of Alabama and with
authority to act as a fiduciary. (4) SECURITY. Any note; stock; treasury stock; bond; debenture;
evidence of indebtedness; certificate of interest or participation in...
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19-4-20
Section 19-4-20 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) FIDUCIARY. An administrator, an administrator with the will annexed, an administrator
de bonis non, an executor, a trustee, a guardian, a conservator, an agent or a custodian.
(2) FIDUCIARY ACCOUNT. An estate, a trust, a guardianship, a custodianship, an agency or any
other fiduciary relationship, including a custodianship or agency for another fiduciary or
fiduciaries. (3) BANK. A bank or trust company organized and existing under the laws of Alabama
with authority to act as a fiduciary and a national banking association with its principal
office in the State of Alabama and with authority to act as a fiduciary. (4) SECURITY. Any
note; stock; treasury stock; bond; debenture; evidence of indebtedness; certificate of interest
or participation in an oil, gas or mining title or lease or in payments out...
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32-8-38
Section 32-8-38 Use of duplicate copy of application as permit to operate motor vehicle; return
of duplicate and tags upon refusal to issue certificate. (a) The rules and regulations promulgated
by the department shall make suitable provisions for the use by an applicant of the duplicate
copy of his or her application for a certificate of title to serve as a permit for the operation
of the motor vehicle described in the application until the department either issues the certificate
of title of such motor vehicle or refuses to issue the certificate; and every designated agent
receiving an application for the certificate of title, when the provisions of this chapter
have been otherwise complied with, shall deliver to the applicant the duplicate copy of his
or her application which shall contain a suitable permit for the purposes mentioned in this
subsection. After the certificate of title is issued, the owner's permit copy of the application
for this certificate of title shall continue...
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7-4-401
Section 7-4-401 When bank may charge customer's account. (a) A bank may charge against the
account of a customer an item that is properly payable from that account even though the charge
creates an overdraft. An item is properly payable if it is authorized by the customer and
is in accordance with any agreement between the customer and bank. (b) A customer is not liable
for the amount of an overdraft if the customer neither signed the item nor benefited from
the proceeds of the item, except that a bank may charge the amount of the overdraft, interest
thereon, and any applicable fee against deposits or other credits to the account, regardless
of the source of the deposits or credits. (c) A bank may charge against the account of a customer
a check that is otherwise properly payable from the account, even though payment was made
before the date of the check, unless the customer has given notice to the bank of the postdating
describing the check with reasonable certainty. The notice is...
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8-6-91
Section 8-6-91 Definitions. In this article, unless the context otherwise requires, the following
terms shall have the meanings ascribed to them by this section: (1) BANK. A bank, trust company,
national banking association, savings bank, or industrial bank. (2) BROKER. A person, including
a bank, lawfully engaged in the business of effecting transactions in securities for the account
of others and includes a broker lawfully engaged in buying and selling securities for his
own account. (3) ISSUER. A person who places, or authorizes the placing of, his name on a
security other than as a transfer agent to evidence that it represents a share, participation,
or other interest in his property or in an enterprise or to evidence his duty to perform an
obligation evidenced by the security or who becomes responsible for or in place of any such
person. (4) PERSON. Such term includes a corporation, government or governmental subdivision
or agency, business trust, estate, trust, partnership or...
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45-49-91.18
Section 45-49-91.18 Appeals to Mobile County Commission. (a) Appeals to the Mobile County Commission
may be taken by any aggrieved person. The appeal shall be taken as provided by the rules of
the board and within the time period prescribed by its rules, by filing notice of appeal specifying
the grounds thereof with the board from whom the appeal is taken and with the Mobile County
Commission. The board shall transmit to the Mobile County Commission with the notice of appeal
all papers constituting the record upon which the action appealed from was taken. An appeal
shall stay all proceedings in furtherance of the action appealed from, unless the board certifies
to the Mobile County Commission, after receiving notice of the appeal, that by reason of facts
stated in the certificate, a stay would cause imminent peril to life or property. The Mobile
County Commission shall have all of the following powers: (1) To hear and decide appeals where
it is alleged there is error in any order,...
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7-4A-208
Section 7-4A-208 Misdescription of intermediary bank or beneficiary's bank. (a) This subsection
applies to a payment order identifying an intermediary bank or the beneficiary's bank only
by an identifying number. (1) The receiving bank may rely on the number as the proper identification
of the intermediary or beneficiary's bank and need not determine whether the number identifies
a bank. (2) The sender is obliged to compensate the receiving bank for any loss and expenses
incurred by the receiving bank as a result of its reliance on the number in executing or attempting
to execute the order. (b) This subsection applies to a payment order identifying an intermediary
bank or the beneficiary's bank both by name and an identifying number if the name and number
identify different persons. (1) If the sender is a bank, the receiving bank may rely on the
number as the proper identification of the intermediary or beneficiary's bank if the receiving
bank, when it executes the sender's order, does...
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2-2-35
Section 2-2-35 Certificate of analysis admissible as evidence. A certificate of analysis or
examination by the chemist who is the supervisor or director of the laboratory of the Department
of Agriculture and Industries or other laboratory utilized by the commissioner as provided
in Section 2-2-33 in which the analysis or examination is made, when properly verified by
affidavit, shall be admissible and shall be prima facie evidence of the facts therein stated
in any of the courts of this state on the trial of any issue involving the merits, and the
quality of the bulk from which the sample was taken shall prima facie be presumed to be the
same as the quality of the sample as shown by the analysis or examination. (Ag. Code 1927,
§224; Code 1940, T. 2, §501; Acts 1969, No. 1055, p. 1975, §1; Act 2015-262, §1.)...
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