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27-44-3
Section 27-44-3 Scope of chapter. (a) This chapter shall provide coverage for the policies
and contracts specified in subsection (b) as follows: (1) To persons who, regardless of where
they reside (except for non-resident certificate holders under group policies or contracts),
are the beneficiaries, assignees, or payees of the persons covered under subdivision (2).
(2) To persons who are owners of or certificate holders under the policies or contracts, other
than structured settlement annuities, and in each case who are either of the following: a.
Residents b. Not residents, but only under all of the following conditions: 1. The insurer
that issued the policies or contracts is domiciled in this state. 2. The states in which the
persons reside have associations similar to the association created by this chapter. 3. The
persons are not eligible for coverage by an association in any other state due to the fact
the insurer was not licensed in the state at the time specified in the state's...
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40-9B-3
Section 40-9B-3 Definitions. (a) For purposes of this chapter, the following words and phrases
mean: (1) ABATE, ABATEMENT. A reduction or elimination of a taxpayer's liability for tax or
payments required to be made in lieu thereof. An abatement of transaction taxes imposed under
Chapter 23 of this title, or payments required to be made in lieu thereof, shall relieve the
seller from the obligation to collect and pay over the transaction tax as if the sale were
to a person exempt, to the extent of the abatement, from the transaction tax. (2) ALTERNATIVE
ENERGY RESOURCES. The definition given in Section 40-18-1. (3) CONSTRUCTION RELATED TRANSACTION
TAXES. The transaction taxes imposed by Chapter 23 of this title, or payments required to
be made in lieu thereof, on tangible personal property and taxable services incorporated into
an industrial development property, the cost of which may be added to capital account with
respect to the property, determined without regard to any rule which...
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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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11-65-10
Section 11-65-10 Powers and duties of commission. When authorized by one or more elections
as provided in Section 11-65-4, a commission shall have the powers and duties necessary to
license, regulate, and supervise horse racing and pari-mutuel wagering thereon and greyhound
racing and pari-mutuel wagering thereon within the commission municipal jurisdiction, including,
without limiting the generality of the foregoing, the powers and duties hereinafter set forth
in this section or in other sections of this chapter. (1) A commission shall have succession
in perpetuity, subject only to the provisions of this chapter as it may be amended from time
to time. (2) A commission shall have the power to sue and be sued in its own name in civil
suits and actions and to defend suits against it. (3) A commission shall have the power to
adopt and make use of an official seal and to alter the same at pleasure. (4) A commission
shall have the power to adopt, alter, and repeal bylaws, regulations and...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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37-2-23
Section 37-2-23 Bills of lading or receipts - Liability for false or second bill of lading
or receipt or for failure to endorse partial delivery. If any transportation company, not
having received things or property for carriage, shall issue or give a bill of lading, or
receipt, as if such things or property had been received, the transportation company engaged
in the business of keeping for shipment, or forwarding, shall issue a receipt for things or
property, not having received them; or if any of such parties shall give or issue a second
bill of lading, or receipt, the original being outstanding, not expressing in such second
bill of lading or receipt that it is a duplicate, or shall surrender such things or property
without receiving and cancelling the bill of lading or receipt issued therefor, or make partial
delivery, without endorsing such partial delivery on such bill of lading or receipt, except
as provided in Section 37-2-25, such transportation company is liable to any...
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7-7-204
Section 7-7-204 Duty of care; contractual limitation of warehouse's liability. (a) A warehouse
is liable for damages for loss of or injury to the goods caused by its failure to exercise
care with regard to the goods that a reasonably careful person would exercise under similar
circumstances. Unless otherwise agreed, the warehouse is not liable for damages that could
not have been avoided by the exercise of that care. (b) Damages may be limited by a term in
the warehouse receipt or storage agreement limiting the amount of liability in case of loss
or damage beyond which the warehouse is not liable. Such a limitation is not effective with
respect to the warehouse's liability for conversion to its own use. On request of the bailor
in a record at the time of signing the storage agreement or within a reasonable time after
receipt of the warehouse receipt, the warehouse's liability may be increased on part or all
of the goods covered by the storage agreement or the warehouse receipt. In this...
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37-2-21
Section 37-2-21 Bills of lading or receipts - When issued; contents; receipt for cotton in
bales; common-law liability not affected. (a) Every transportation company receiving property
for transportation, originating and terminating in this state, shall issue to the shipper
a receipt or bill of lading therefor in which shall be stated the class or classes of freight
shipped and the rate to the point of destination and aggregate charge made for the transportation
and shall be liable to the lawful holder thereof for any loss, damage or injury to such property
negligently caused by it or by any transportation company to which said property may be delivered,
or over whose lines such property may pass; and no contract, stipulation, receipt, rule or
regulation contained in said receipt or bill of lading, or otherwise, shall exempt such transportation
company from the liability hereby imposed; but nothing in this subsection shall deprive any
holder of such receipt or bill of lading of any...
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7-7-301
Section 7-7-301 Liability for nonreceipt or misdescription; "said to contain"; "shipper's
weight, load, and count"; improper handling. (a) A consignee of a nonnegotiable bill
of lading which has given value in good faith, or a holder to which a negotiable bill has
been duly negotiated, relying upon the description of the goods in the bill or upon the date
shown in the bill, may recover from the issuer damages caused by the misdating of the bill
or the nonreceipt or misdescription of the goods, except to the extent that the bill indicates
that the issuer does not know whether any part or all of the goods in fact were received or
conform to the description, such as in a case in which the description is in terms of marks
or labels or kind, quantity, or condition or the receipt or description is qualified by "contents
or condition of contents of packages unknown," "said to contain," "shipper's
weight, load, and count," or words of similar import, if that indication is true. (b)
If goods...
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10A-5A-4.06
Section 10A-5A-4.06 Limitation on distributions and liability for improper distributions. (a)(1)
A limited liability company shall not make a distribution to a member to the extent that at
the time of the distribution, after giving effect to the distribution, all liabilities of
the limited liability company, other than liabilities to members on account of their transferable
interests and liabilities for which the recourse of creditors is limited to specific property
of the limited liability company, exceed the fair value of the assets of the limited liability
company, except that the fair value of the property that is subject to a liability for which
recourse of creditors is limited shall be included in the assets of the limited liability
company only to the extent that the fair value of the property exceeds that liability. (2)
A member who receives a distribution in violation of subsection (a)(1) or the limited liability
company agreement, and who knew at the time of the distribution...
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