7-9A-707
Section 7-9A-707 Amendment of pre-effective-date financing statement. (a) "Pre-effective-date
financing statement". In this section, "pre-effective-date financing statement"
means a financing statement filed before January 1, 2002. (b) Applicable law. After January
1, 2002, a person may add or delete collateral covered by, continue or terminate the effectiveness
of, or otherwise amend the information provided in, a pre-effective-date financing statement
only in accordance with the law of the jurisdiction governing perfection as provided in Part
3. However, the effectiveness of a pre-effective-date financing statement also may be terminated
in accordance with the law of the jurisdiction in which the financing statement is filed.
(c) Method of amending: General rule. Except as otherwise provided in subsection (d), if the
law of this State governs perfection of a security interest, the information in a pre-effective-date
financing statement may be amended after January 1, 2002, only if:...
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7-9A-320
Section 7-9A-320 Buyer of goods; Alabama Farmers Credit Protection Fund. (a) Buyer in ordinary
course of business. Except as otherwise provided in subsection (e), a buyer in ordinary course
of business, other than a person buying farm products from a person engaged in farming operations,
takes free of a security interest created by the buyer's seller, even if the security interest
is perfected and the buyer knows of its existence. (b) Buyer of consumer goods. Except as
otherwise provided in subsection (e), a buyer of goods from a person who used or bought the
goods for use primarily for personal, family, or household purposes takes free of a security
interest, even if perfected, if the buyer buys: (1) without knowledge of the security interest;
(2) for value; (3) primarily for the buyer's personal, family, or household purposes; and
(4) before the filing of a financing statement covering the goods. (c) Effectiveness of filing
for subsection (b). To the extent that it affects the...
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10A-2-13.01
Section 10A-2-13.01 Definitions. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (1) "Corporate action"
means the filing of articles of merger or share exchange by the judge of probate or Secretary
of State, or other action giving legal effect to a transaction that is the subject of dissenters'
rights. (2) "Corporation" means the issuer of shares held by a dissenter before
the corporate action, or the surviving or acquiring corporation by merger or share exchange
of that issuer. (3) "Dissenter" means a shareholder who is entitled to dissent from
corporate action under Section 10A-2-13.02 and who exercises that right when and in the manner
required by Sections 10A-2-13.20 through 10A-2-13.28. (4) "Fair Value," with respect
to a dissenter's shares, means the value of the shares immediately before the effectuation
of the corporate action to which the dissenter objects, excluding any appreciation or depreciation
in...
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19-3B-413
Section 19-3B-413 Cy pres. (a) Except as otherwise provided in subsection (b), if a particular
charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful: (1)
the trust does not fail, in whole or in part; (2) the trust property does not revert to the
settlor or the settlor's successors in interest; and (3) the court may apply cy pres to modify
or terminate the trust by directing that the trust property be applied or distributed, in
whole or in part, in a manner consistent with the settlor's charitable purposes. (b) A provision
in the terms of a charitable trust that would result in distribution of the trust property
to a noncharitable beneficiary prevails over the power of the court under subsection (a) to
apply cy pres to modify or terminate the trust only if, when the provision takes effect: (1)
the trust property is to revert to the settlor and the settlor is still living; or (2) fewer
than 21 years have elapsed since the date of the trust's creation....
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32-8-39
Section 32-8-39 Contents and effect of certificate. (a) Each certificate of title issued by
the department shall contain: (1) The date issued; (2) The current legal name and current
address of the owner; (3) The names and addresses of any lienholders in the order of priority
as shown on the application, or if the application is based on a certificate of title, as
shown on the certificate; (4) The title number; (5) A description of the vehicle including
the following data: year, make, model, vehicle identification number, type of body, number
of cylinders, whether new or used and if a new vehicle the date of the first sale of the vehicle
for use; and (6) Any other data the department prescribes. (b) Unless security is furnished
as provided in Section 32-8-36, a distinctive certificate of title shall be issued for a vehicle
last previously registered in another state or country, the laws of which do not require that
lienholders be named on a certificate of title to perfect their security...
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7-4-111
Section 7-4-111 Statute of limitations; accrual of action. An action to enforce an obligation,
duty, or right arising under this article must be commenced within three years after the cause
of action accrues. A cause of action accrues for payment of a time deposit upon the earlier
of: (1) the date demand for payment is made to the bank, but if the time deposit has a due
date and the bank is not required to pay before that date, the cause of action accrues when
a demand for payment is in effect and the due date has passed; (2) the latter of: a. the due
date of the time deposit established in the bank's last written notice of renewal sent pursuant
to Section 5-5A-36; or b. four years after the last written communication from the bank recognizing
the bank's obligation under the time deposit; or (3) the last day of the taxable year for
which the owner of the time deposit last reported interest income earned on the time deposit
on either a federal or state tax return. As used in this...
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7-4-401
Section 7-4-401 When bank may charge customer's account. (a) A bank may charge against the
account of a customer an item that is properly payable from that account even though the charge
creates an overdraft. An item is properly payable if it is authorized by the customer and
is in accordance with any agreement between the customer and bank. (b) A customer is not liable
for the amount of an overdraft if the customer neither signed the item nor benefited from
the proceeds of the item, except that a bank may charge the amount of the overdraft, interest
thereon, and any applicable fee against deposits or other credits to the account, regardless
of the source of the deposits or credits. (c) A bank may charge against the account of a customer
a check that is otherwise properly payable from the account, even though payment was made
before the date of the check, unless the customer has given notice to the bank of the postdating
describing the check with reasonable certainty. The notice is...
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7-9A-601
Section 7-9A-601 Rights after default; judicial enforcement; consignor or buyer of accounts,
chattel paper, payment intangibles, or promissory notes. (a) Rights of secured party after
default. After default, a secured party has the rights provided in this part and, except as
otherwise provided in Section 7-9A-602, those provided by agreement of the parties. A secured
party: (1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security
interest, or agricultural lien by any available judicial procedure; and (2) if the collateral
is documents, may proceed either as to the documents or as to the goods they cover. (b) Rights
and duties of secured party in possession or control. A secured party in possession of collateral
or control of collateral under Section 7-7-106, 7-9A-104, 7-9A-105, 7-9A-106, or 7-9A-107
has the rights and duties provided in Section 7-9A-207. (c) Rights cumulative; simultaneous
exercise. The rights under subsections (a) and (b) are cumulative...
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45-46-90.10
Section 45-46-90.10 Lien on pledge of revenues. Any pledge of revenues from the operation of
facilities of an authority shall be valid and binding from the time it is made, and the revenues
so pledged and thereafter received by the authority shall immediately become subject to the
lien of such pledge without any physical delivery thereof or further act. The lien of such
pledge shall be valid and binding against all parties having claims of any kind in tort, contract,
or otherwise against the authority, irrespective of whether the parties have actual notice
thereof, from the time a statement is filed in the office of the Judge of Probate of Marengo
County, Alabama. Such notice need state only the date on which the resolution authorizing
the issuance of the bonds was adopted by the board, the principal amount of bonds issued,
a brief description of the revenues so pledged, and a brief description of any property the
revenues from which are so pledged. The method provided in this section...
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45-49A-61
Section 45-49A-61 Supplemental retirement benefits. (a) This section shall apply in all cities
in this state which have a population of not less than 175,000 nor more than 275,000 according
to the last or any subsequent federal decennial census. (b)(1) All employees of any such city
(except members of the police or fire departments thereof) who have heretofore been covered
by the benefits established by the provisions of Acts 1951, No. 773, Regular Session 1951
(Acts 1951, p. 1342), as amended, and who by action of the city commission or like governing
body of such city become eligible to participate in the state employees pension plan, shall
be entitled to receive the following benefits from the city, to be calculated as of the effective
date of becoming eligible to participate in the state employees pension plan: a. Any employee
eligible for retirement, upon retiring or otherwise leaving the employ of such city and becoming
eligible to receive retirement benefits under Act 773, shall...
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