7-8-114
Section 7-8-114 Evidentiary rules concerning certificated securities. The following rules apply
in an action on a certificated security against the issuer: (1) Unless specifically denied
in the pleadings, each signature on a security certificate or in a necessary indorsement is
admitted. (2) If the effectiveness of a signature is put in issue, the burden of establishing
effectiveness is on the party claiming under the signature, but the signature is presumed
to be genuine or authorized. (3) If signatures on a security certificate are admitted or established,
production of the certificate entitles a holder to recover on it unless the defendant establishes
a defense or a defect going to the validity of the security. (4) If it is shown that a defense
or defect exists, the plaintiff has the burden of establishing that the plaintiff or some
person under whom the plaintiff claims is a person against whom the defense or defect cannot
be asserted. (Acts 1996, No. 96-742, p. 1241, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-8-114.htm - 1K - Match Info - Similar pages

7-3-308
Section 7-3-308 Proof of signatures and status as holder in due course. (a) In an action with
respect to an instrument, the authenticity of, and authority to make, each signature on the
instrument is admitted unless specifically denied in the pleadings. If the validity of a signature
is denied in the pleadings, the burden of establishing validity is on the person claiming
validity, but the signature is presumed to be authentic and authorized unless the action is
to enforce the liability of the purported signer and the signer is dead or incompetent at
the time of trial of the issue of validity of the signature. If an action to enforce the instrument
is brought against a person as the undisclosed principal of a person who signed the instrument
as a party to the instrument, the plaintiff has the burden of establishing that the defendant
is liable on the instrument as a represented person under Section 7-3-402(a). (b) If the validity
of signatures is admitted or proved and there is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-308.htm - 1K - Match Info - Similar pages

7-8-202
Section 7-8-202 Issuer's responsibility and defenses; notice of defect or defense. (a) Even
against a purchaser for value and without notice, the terms of a certificated security include
terms stated on the certificate and terms made part of the security by reference on the certificate
to another instrument, indenture, or document or to a constitution, statute, ordinance, rule,
regulation, order, or the like, to the extent the terms referred to do not conflict with terms
stated on the certificate. A reference under this subsection does not of itself charge a purchaser
for value with notice of a defect going to the validity of the security, even if the certificate
expressly states that a person accepting it admits notice. The terms of an uncertificated
security include those stated in any instrument, indenture, or document or in a constitution,
statute, ordinance, rule, regulation, order, or the like, pursuant to which the security is
issued. (b) The following rules apply if an issuer...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-8-202.htm - 3K - Match Info - Similar pages

31-2A-26
Section 31-2A-26 (Article 26.) Military judge of a general or special court-martial. (a) A
military judge shall be detailed to each general and special court-martial. The military judge
shall preside over each open session of the court-martial to which the military judge has
been detailed. (b) A military judge shall be all of the following: (1) An active or retired
commissioned officer. (2) A member in good standing of the bar of the highest court of a state
or a member of the bar of a federal court for at least five years. (3) Either a certified
military judge or a judge of a court of competent jurisdiction who is approved by the Adjutant
General. (c) In the instance when a military judge is not a member of the bar of the highest
court of the state, the military judge shall be deemed admitted pro hac vice, subject to filing
a certificate with the state judge advocate setting forth such qualifications provided in
subsection (b) and with notice and approval of the State Bar and Chief...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-26.htm - 2K - Match Info - Similar pages

10A-2A-14.10
Section 10A-2A-14.10 Grounds for judicial dissolution. (a) The circuit court for the county
in which the corporation's principal office is located in this state, and if none in this
state, the circuit court for the county in which the corporation's most recent registered
office is located may dissolve a corporation: (1) in a proceeding by the Attorney General
if it is established that: (i) the corporation obtained its certificate of incorporation through
fraud; or (ii) the corporation has continued to exceed or abuse the authority conferred upon
it by law; (2) in a proceeding by a stockholder if it is established that: (i) the directors
are deadlocked in the management of the corporate affairs, the stockholders are unable to
break the deadlock, and irreparable injury to the corporation is threatened or being suffered,
or the business and affairs of the corporation can no longer be conducted to the advantage
of the stockholders generally, because of the deadlock; (ii) the directors or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2A-14.10.htm - 3K - Match Info - Similar pages

27-28-2
Section 27-28-2 Plan for exchange of stock, etc., between domestic stock insurer and holding
company - Procedure for exchange. A plan of exchange shall be adopted and become effective
in the following manner: (1) APPROVAL OF THE BOARDS OF DIRECTORS. - The boards of directors
of each corporate party to the plan of exchange by resolution shall adopt the plan of exchange
which shall set forth the terms and conditions of the exchange and the mode of carrying the
same into effect and such other provisions with respect to the exchange as may be deemed necessary
or desirable. (2) APPROVAL OF COMMISSIONER. - Every plan of exchange, before being submitted
to vote of the stockholders pursuant to subdivision (3) of this section, shall be submitted
for approval to the commissioner in accordance with the following procedure: a. After the
approval required by subdivision (1) of this section is obtained, the domestic company shall
submit to the commissioner three copies of the plan of exchange and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-28-2.htm - 13K - Match Info - Similar pages

10A-1-1.03
Section 10A-1-1.03 Definitions. As used in this title, unless the context otherwise requires,
the following terms mean: (1) AFFILIATE. A person who controls, is controlled by, or is under
common control with another person. An affiliate of an individual includes the spouse, or
a parent or sibling thereof, of the individual, or a child, grandchild, sibling, parent, or
spouse of any thereof, of the individual, or an individual having the same home as the individual,
or a trust or estate of which an individual specified in this sentence is a substantial beneficiary;
a trust, estate, incompetent, conservatee, protected person, or minor of which the individual
is a fiduciary; or an entity of which the individual is director, general partner, agent,
employee or the governing authority or member of the governing authority. (2) ASSOCIATE. When
used to indicate a relationship with: (A) a domestic or foreign entity for which the person
is: (i) an officer or governing person; or (ii) a beneficial...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-1-1.03.htm - 25K - Match Info - Similar pages

27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-61-1.htm - 62K - Match Info - Similar pages

27-60-2
Section 27-60-2 Interstate Insurance Product Regulation Compact. The State of Alabama hereby
agrees to the following interstate compact known as the Interstate Insurance Product Regulation
Compact: ARTICLE I. PURPOSES. The purposes of this compact are, through means of joint and
cooperative action among the compacting states: 1. To promote and protect the interest of
consumers of individual and group annuity, life insurance, disability income, and long-term
care insurance products; 2. To develop uniform standards for insurance products covered under
the compact; 3. To establish a central clearinghouse to receive and provide prompt review
of insurance products covered under the compact and, in certain cases, advertisements related
thereto, submitted by insurers authorized to do business in one or more compacting states;
4. To give appropriate regulatory approval to those product filings and advertisements satisfying
the applicable uniform standard; 5. To improve coordination of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-60-2.htm - 45K - Match Info - Similar pages

15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-8-150.htm - 33K - Match Info - Similar pages