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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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7-5-117
Section 7-5-117 Subrogation of issuer, applicant, and nominated person. (a) An issuer that
honors a beneficiary's presentation is subrogated to the rights of the beneficiary to the
same extent as if the issuer were a secondary obligor of the underlying obligation owed to
the beneficiary and of the applicant to the same extent as if the issuer were the secondary
obligor of the underlying obligation owed to the applicant. (b) An applicant that reimburses
an issuer is subrogated to the rights of the issuer against any beneficiary, presenter, or
nominated person to the same extent as if the applicant were the secondary obligor of the
obligations owed to the issuer and has the rights of subrogation of the issuer to the rights
of the beneficiary stated in subsection (a). (c) A nominated person who pays or gives value
against a draft or demand presented under a letter of credit is subrogated to the rights of:
(1) the issuer against the applicant to the same extent as if the nominated person...
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7-5-118
Section 7-5-118 Security interest of issuer or nominated person. (a) An issuer or nominated
person has a security interest in a document presented under a letter of credit to the extent
that the issuer or nominated person honors or gives value for the presentation. (b) So long
as and to the extent that an issuer or nominated person has not been reimbursed or has not
otherwise recovered the value given with respect to a security interest in a document under
subsection (a), the security interest continues and is subject to Article 9A, but: (1) a security
agreement is not necessary to make the security interest enforceable under Section 7-9A-203(b)(3);
(2) if the document is presented in a medium other than a written or other tangible medium,
the security interest is perfected; and (3) if the document is presented in a written or other
tangible medium and is not a certificated security, chattel paper, a document of title, an
instrument, or a letter of credit, the security interest is...
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7-5-111
Section 7-5-111 Remedies. (a) If an issuer wrongfully dishonors or repudiates its obligation
to pay money under a letter of credit before presentation, the beneficiary, successor, or
nominated person presenting on its own behalf may recover from the issuer the amount that
is the subject of the dishonor or repudiation. If the issuer's obligation under the letter
of credit is not for the payment of money, the claimant may obtain specific performance or,
at the claimant's election, recover an amount equal to the value of performance from the issuer.
In either case, the claimant may also recover incidental but not consequential damages. The
claimant is not obligated to take action to avoid damages that might be due from the issuer
under this subsection. If, although not obligated to do so, the claimant avoids damages, the
claimant's recovery from the issuer must be reduced by the amount of damages avoided. The
issuer has the burden of proving the amount of damages avoided. In the case of...
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40-29-115
Section 40-29-115 Fraud and false statements. (a) Any person who: (1) DECLARATION UNDER PENALTIES
OF PERJURY. Willfully makes and subscribes any return, statement, or other document, which
contains or is verified by a written declaration that it is made under the penalties of perjury,
and which he does not believe to be true and correct as to every material matter; or (2) AID
or ASSISTANCE. Willfully aids or assists in, or procures, counsels, or advises the preparation
or presentation under, or in connection with any matter arising under, the state revenue laws,
of a return, affidavit, claim, or other document, which is fraudulent or is false as to any
material matter, whether or not such falsity or fraud is with the knowledge or consent of
the person authorized or required to present such return, affidavit, claim, or document; or
(3) FRAUDULENT BONDS, PERMITS, AND ENTRIES. Simulates or falsely or fraudulently executes
or signs any bond, permit, entry, or other document required by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-29-115.htm - 2K - Match Info - Similar pages
7-9A-306
Section 7-9A-306 Law governing perfection and priority of security interests in letter-of-credit
rights. (a) Governing law: Issuer's or nominated person's jurisdiction. Subject to subsection
(c), the local law of the issuer's jurisdiction or a nominated person's jurisdiction governs
perfection, the effect of perfection or nonperfection, and the priority of a security interest
in a letter-of-credit right if the issuer's jurisdiction or nominated person's jurisdiction
is a State. (b) Issuer's or nominated person's jurisdiction. For purposes of this part, an
issuer's jurisdiction or nominated person's jurisdiction is the jurisdiction whose law governs
the liability of the issuer or nominated person with respect to the letter-of-credit right
as provided in Section 7-5-116. (c) When section not applicable. This section does not apply
to a security interest that is perfected only under Section 7-9A-308(d). (Act 2001-481, p.
647, §1.)...
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7-9A-409
Section 7-9A-409 Restrictions on assignment of letter-of-credit rights ineffective. (a) Term
or law restricting assignment generally ineffective. A term in a letter of credit or a rule
of law, statute, regulation, custom, or practice applicable to the letter of credit which
prohibits, restricts, or requires the consent of an applicant, issuer, or nominated person
to a beneficiary's assignment of or creation of a security interest in a letter-of-credit
right is ineffective to the extent that the term or rule of law, statute, regulation, custom,
or practice: (1) would impair the creation, attachment, or perfection of a security interest
in the letter-of-credit right; or (2) provides that the assignment or the creation, attachment,
or perfection of the security interest may give rise to a default, breach, right of recoupment,
claim, defense, termination, right of termination, or remedy under the letter-of-credit right.
(b) Limitation on ineffectiveness under subsection (a). To the extent...
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7-9A-107
Section 7-9A-107 Control of letter-of-credit right. A secured party has control of a letter-of-credit
right to the extent of any right to payment or performance by the issuer or any nominated
person if the issuer or nominated person has consented to an assignment of proceeds of the
letter of credit under Section 7-5-114(c) or otherwise applicable law or practice. (Act 2001-481,
p. 647, §1.)...
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20-2-72
Section 20-2-72 Prohibited acts C. (a) It is unlawful for any person: (1) To distribute as
a registrant a controlled substance classified in Schedules I or II, except pursuant to an
order form as required by Section 20-2-57; (2) To use in the course of the manufacture or
distribution of a controlled substance a registration number which is fictitious, revoked,
suspended, or issued to another person; (3) To acquire or obtain possession of a controlled
substance or a precursor chemical enumerated in Section 20-2-181 by misrepresentation, fraud,
forgery, deception, or subterfuge; (4) To furnish false or fraudulent material information
in or omit any material information from any application, report, or other document required
to be kept or filed under this chapter or any record required to be kept by this chapter;
or (5) To make, distribute, or possess any punch, die, plate, stone, or other thing designed
to print, imprint, or reproduce the trademark, trade name, or other identifying...
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13A-8-10.5
Section 13A-8-10.5 Theft of valor. (a) For the purposes of this section, the following terms
shall have the following meanings: (1) CONGRESSIONAL MEDAL OF HONOR. Includes any of the following:
a. A Medal of Honor awarded under Section 3741, 6241, or 8741 of Title 10 or Section 491 of
Title 14 of the United States Code. b. A duplicate Medal of Honor issued under Section 3754,
6256, or 8754 of Title 10 or Section 504 of Title 14 of the United States Code. c. A replacement
of a Medal of Honor provided under Section 3747, 6253, or 8747 of Title 10 or Section 501
of Title 14 of the United States Code. (2) MATERIAL GAIN. Something of value received, bestowed,
conferred, presented, granted, contributed, funded, gifted, donated, bequeathed, decided,
or approved, regardless of the monetary, rumunerative, or tangible value. This includes, but
is not limited to, food, lodging, compensation, travel expenses, placards, public benefits,
public relief, financial relief, or anything in which or for...
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