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8-6-121
Section 8-6-121 Criminal penalties. Any lessee, any guarantor, or any officer of any issuer,
lessee, or guarantor or any other person, firm, or corporation who: (1) Willfully violates
this article; (2) Willfully participates in the issuance of any industrial revenue bonds without
having obtained the certificate of notification required by Section 8-6-120; (3) Willfully
participates in the issuance of any industrial revenue bonds in violation of this article;
(4) Willfully violates any stop order lawfully issued by the director or the commission under
this article and in effect; or (5) Makes or files or causes to be made or filed, with the
director or the commission under this article, any statement, document, or other paper which
is false in any material respect or matter; shall be guilty of a felony and upon conviction
shall be fined not more than $10,000 or shall be imprisoned for a period not exceeding 10
years or both so fined and so imprisoned, as the trial court shall determine....
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10A-9A-1.03
Section 10A-9A-1.03 Knowledge and notice. (a) A person knows a fact when the person: (1) has
actual knowledge of it; or (2) is deemed to know it under law other than this chapter. (b)
A person has notice of a fact when the person: (1) knows of it; (2) receives notification
of it; (3) has reason to know the fact from all of the facts known to the person at the time
in question; or (4) is deemed to have notice of the fact under subsection (d). (c) A person
notifies or gives a notification to another person by taking steps reasonably required to
inform the other person in ordinary course, whether or not the other person knows the fact.
(d) A person is deemed to have notice of a limited partnership's: (1) matters included in
the certificate of formation under Sections 10A-9A-2.01(a)(1), (a)(2), (a)(3), (a)(4), if
applicable, (a)(5), and (a)(6) upon filing; (2) general partner dissociating as a general
partner, 90 days after the effective date of an amendment to the certificate of formation...
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13A-10-100
Section 13A-10-100 Definitions. (a) The definitions in Sections 13A-10-1 and 13A-10-60 are
applicable in this article unless the context otherwise requires. (b) The following definitions
are also applicable in this article: (1) SWEARS FALSELY and FALSE SWEARING. The making of
a false statement under oath required or authorized by law, or the swearing or affirming the
truth of such statement previously made, which the declarant does not believe to be true.
A false swearing in a subscribed written instrument shall not be deemed complete until the
instrument is delivered by its subscriber, or by someone acting in his behalf, to another
person with intent that it be uttered or published as true. (2) MATERIAL. A statement is "material,"
regardless of the admissibility of the statement under the rules of evidence, if it could
have affected the course or outcome of the official proceeding. It is no defense that the
declarant mistakenly believed the falsification to be immaterial. Whether a...
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13A-9-48
Section 13A-9-48 Fraud in insolvency. (a) A person commits the crime of fraud in insolvency
if, with the intent to defraud a creditor and with knowledge or reason to believe either that
proceedings have been or are about to be instituted for the appointment of a receiver or that
a composition agreement or other arrangement for the benefit of creditors has been or is about
to be made, he: (1) Conveys, transfers, removes, conceals, destroys, encumbers or otherwise
disposes of any part of or any interest in the debtor's estate; or (2) Presents to any creditor
or to the receiver any writing or record relating to the debtor's estate, not otherwise within
the coverage of Sections 13A-10-101, 13A-10-102 or 13A-10-109, knowing or having reason to
believe that it contains a false material statement; or (3) Misrepresents or refuses to disclose
to the receiver, under circumstances not amounting to a violation of Section 13A-10-4, the
existence, amount or location of any part of or an interest in...
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2-22-2
Section 2-22-2 Definitions. When used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) COMMERCIAL FERTILIZER.
Any substance containing one or more recognized plant nutrients which is used for its plant
nutrient content and which is designed for use or claimed to have value in promoting plant
growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, basic slag,
gypsum and other materials or products regulated under Chapter 23 of this title. Such term
shall include fertilizer material as defined in subdivision (2) of this section, and the provisions
and requirements of this chapter applicable to commercial fertilizer shall also apply to fertilizer
material. (2) FERTILIZER MATERIAL. A commercial fertilizer containing one or more of the recognized
plant nutrients, which is used primarily for its plant nutrient content and which either:
a. Contains important quantities of no more...
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34-5A-3
Section 34-5A-3 Composition of board; compensation; meetings; rules and fees; investigations;
Alabama Behavior Analyst Licensing Board Fund. (a) The Alabama Behavior Analyst Licensing
Board is established within the Department of Mental Health, Division of Developmental Disabilities.
The board shall consist of seven members, including four licensed behavior analysts, one licensed
psychologist in the state, one parent or legal guardian of a person being treated for a behavior
disorder, or a person who has received services from a licensed behavior analyst, and one
public member, who, except for the initial members, shall be appointed by the Governor, as
provided in subsection (b). The membership of the board shall be inclusive and reflect the
racial, gender, geographic, urban/rural, and economic diversity of the state. Each member
shall serve a three-year term, with initial terms being staggered so that one member serves
an initial term of one year, three members serve initial terms of...
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8-19A-6
Section 8-19A-6 Identification of certain affiliated sellers or salespersons. (a) With respect
to any person identified pursuant to Section 8-19A-5, an applicant for a license as a commercial
telephone seller shall state in his or her application the identity of any affiliated commercial
seller or salesperson who: (1) Has been convicted of, or is under indictment or information
for, racketeering or any offense involving fraud, theft, embezzlement, fraudulent conversion,
or misappropriation of property. Conviction includes a finding of guilt where adjudication
has been withheld. (2) Is involved in pending litigation or has had entered against him or
her an injunction, a temporary restraining order, or a final judgment or order, including
a stipulated judgment or order, an assurance of voluntary compliance, or any similar document,
in any civil or administrative action involving racketeering, fraud, theft, embezzlement,
fraudulent conversion, or misappropriation of property or the use of...
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8-32-10
Section 8-32-10 Enforcement provisions. (a) The commissioner may conduct investigations or
examinations of providers, administrators, insurers, or other persons to enforce this chapter
and protect service contract holders in this state. Upon request of the commissioner, the
provider shall make all accounts, books, and records concerning service contracts sold in
this state by the provider available to the commissioner which are necessary to enable the
commissioner to reasonably determine compliance or noncompliance with this chapter. (b) Providers,
administrators, or insurers being examined shall pay to the commissioner the travel expense
to and from such examination, a living expense allowance at reasonable rates customary for
the examination in the state where the examination takes place and as established or adopted
by regulation of the commissioner, and the compensation of the examiners making the examination,
upon presentation by the commissioner of a detailed account of the...
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8-7A-6
Section 8-7A-6 Application for license. (a) A person applying for a license under this chapter
shall do so in a form and in a medium prescribed by the commission. The application shall
contain all of the following information: (1) The legal name, the residential address of the
applicant if the applicant is an individual, the business addresses of the applicant, and
any fictitious or trade name used by the applicant in conducting its business. (2) A list
of any criminal convictions of the applicant and any material litigation in which the applicant
has been involved in the 10-year period preceding the submission of the application. (3) A
description of any money transmission services previously provided by the applicant. (4) A
list of the proposed authorized delegates of the applicant and the locations in this state
where the applicant and its authorized delegates propose to engage in money transmission services.
(5) A list of other states in which the applicant is licensed to engage in...
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19-3B-111
Section 19-3B-111 Nonjudicial settlement agreements. (a) For purposes of this section, "interested
persons" means persons whose consent would be required in order to achieve a binding
settlement were the settlement to be approved by the court. (b) Except as otherwise provided
in subsection (c), interested persons may enter into a binding nonjudicial settlement agreement
with respect to any matter involving a trust. (c) A nonjudicial settlement agreement is valid
only to the extent it does not violate a material purpose of the trust and includes terms
and conditions that could be properly approved by the court under this chapter or other applicable
law. (d) Matters that may be resolved by a nonjudicial settlement agreement include: (1) the
interpretation or construction of the terms of the trust; (2) the approval of a trustee's
report or accounting; (3) direction to a trustee to refrain from performing a particular act
or the grant to a trustee of any necessary or desirable power; (4)...
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