35-5A-4
Section 35-5A-4 Nomination of custodian. (a) A person having the right to designate the recipient
of property transferable upon the occurrence of a future event may revocably nominate a custodian
to receive the property for a minor beneficiary upon the occurrence of the event by naming
the custodian followed in substance by the words: "as custodian for ___ (name of minor)
under the Alabama Uniform Transfers to Minors Act." The nomination may name one or more
persons as substitute custodians to whom the property must be transferred, in the order named,
if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible
to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising
a power of appointment, or in a writing designating a beneficiary of contractual rights which
is registered with or delivered to the payor, issuer, or other obligor of the contractual
rights. (b) A custodian nominated under this section must be a...
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7-5-103
Section 7-5-103 Scope. (a) This article applies to letters of credit and to certain rights
and obligations arising out of transactions involving letters of credit. (b) The statement
of a rule in this article does not by itself require, imply, or negate application of the
same or a different rule to a situation not provided for, or to a person not specified, in
this article. (c) With the exception of this subsection, subsections (a) and (d), Sections
7-5-102(a)(9) and (10), and 7-5-114(d), and except to the extent prohibited in Sections 7-1-302
and 7-5-117(d), the effect of this article may be varied by agreement or by a provision stated
or incorporated by reference in an undertaking. A term in a letter of credit, confirmation,
advice, transfer, amendment, or cancellation generally excusing liability or generally limiting
remedies for failure to perform obligations is not sufficient to vary obligations prescribed
by this article. (d) Rights and obligations of an issuer to a beneficiary...
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7-9A-203
Section 7-9A-203 Attachment and enforceability of security interest; proceeds; supporting obligations;
formal requisites. (a) Attachment. A security interest attaches to collateral when it becomes
enforceable against the debtor with respect to the collateral, unless an agreement expressly
postpones the time of attachment. (b) Enforceability. Except as otherwise provided in subsections
(c) through (i), a security interest is enforceable against the debtor and third parties with
respect to the collateral only if: (1) value has been given; (2) the debtor has rights in
the collateral or the power to transfer rights in the collateral to a secured party; and (3)
one of the following conditions is met: (A) the debtor has authenticated a security agreement
that provides a description of the collateral and, if the security interest covers timber
to be cut, a description of the land concerned; (B) the collateral is not a certificated security
and is in the possession of the secured party under...
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40-29-119
Section 40-29-119 Periods of limitation on criminal prosecutions. (a) No person shall be prosecuted,
tried, or punished for any of the various offenses arising under the revenue laws unless the
indictment is found or the prosecution instituted within three years next after the commission
of the offense, except that the period of limitation shall be six years: (1) For offenses
involving the defrauding or attempting to defraud the State of Alabama or any agency thereof,
whether by conspiracy or not, and in any manner; (2) For the offense of willfully attempting
in any manner to evade or defeat any tax or the payment thereof; (3) For the offense of willfully
aiding or assisting in, or procuring, counseling, or advising, the preparation or presentation
under, or in connection with any matter arising under, the statute revenue laws, of a false
or fraudulent return, affidavit, claim or document (whether or not such falsity or fraud is
with the knowledge or consent of the person authorized or...
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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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8-6-119
Section 8-6-119 Judicial validation proceedings. Any judicial validation proceeding instituted
under this article shall conform to and be conducted in accordance with either Section 6-6-750
et seq. or Section 11-81-220 et seq., whichever is applicable to the issuer. The petition
shall allege that the issue of industrial revenue bonds proposed by the issuer is not improvident,
and the director shall be served with notice of the proceeding in the same manner and for
the same time as the district attorney, and may attend the hearing before the circuit court
having jurisdiction of the matter in person or by attorney, present evidence, and be heard
by the court. The court shall not validate unless, pursuant to evidence presented at the hearing,
the court finds and determines that the issue is not improvident. No judicial validation proceedings
shall be instituted under this article until the commission enters a stop order or until the
expiration of 15 days after the proposed industrial...
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12-21-282
Section 12-21-282 Procedure for securing attendance of witness within state at criminal proceeding,
etc.; in another state; fees and allowances; effect of failure of summoned witness to attend
and testify. (a) If a judge in a court of record in any state which, by its laws, has made
provision for commanding persons within that state to attend and testify in this state certifies
under seal of such court that there is a criminal proceeding pending in such court or that
a grand jury investigation has commenced or is about to commence, that a person being within
this state is a material witness in such proceedings or grand jury investigation and that
his presence will be required for a specified number of days, upon presentation of such certificate
to any judge of a court of record in the county in which such person resides or the county
in which such person is found if he is not a resident of this state, such judge shall fix
a time and place for a hearing, and shall make an order...
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34-15-19
Section 34-15-19 Obtaining accommodations by fraud or misrepresentation; prima facie evidence.
Proof that food, lodging, or other accommodation was obtained by false pretense or by false
or fictitious show or pretense of any baggage or other property by such person obtaining such
food, lodging, or other accommodation, or that such person absconded or left the state without
paying or offering to pay for such food, lodging, or other accommodation, or that such person
gave in payment, or in part payment, for such food, lodging, or other accommodation any check
or draft on which check or draft payment was refused on due presentation or that such person
surreptitiously removed, or attempted to remove, from such hotel, boardinghouse, or eating
house the baggage or other property brought with him or her thereto without having paid, or
offered to pay, for such food, lodging, or other accommodation so furnished him or her shall
be prima facie evidence of the fraud or misrepresentation, or...
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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
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10A-1-3.33
Section 10A-1-3.33 Right of inspection and access by governing persons. (a) An entity described
in subsection (e) shall provide governing persons and their agents and attorneys access to
its books and records, including the books and records required to be maintained under the
chapter of this title applicable to the entity and other books and records of the entity for
any purpose reasonably related to the governing person's service as a governing person. The
right of access shall include the right to inspect and copy books and records during ordinary
business hours. An entity may impose a reasonable charge covering the costs of labor and material
for copies of documents furnished. (b) An entity described in subsection (e) shall furnish
to a governing person both of the following: (1) Without demand, any information concerning
the entity's business and affairs reasonably required for the proper exercise of the governing
person's rights and duties under the entity's governing documents...
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