Code of Alabama

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19-4-2
Section 19-4-2 Deposit of securities authorized; merger, etc., of certificates representing
securities; transfer of ownership, etc., of securities; maintenance of records by fiduciary;
rules and regulations governing banks acting as fiduciaries; certification by fiduciary of
securities deposited. (a) Notwithstanding any other provision of law to the contrary, any
fiduciary holding securities in a fiduciary capacity is authorized, in the absence of specific
provision to the contrary in the governing instrument or court order under which the fiduciary
is acting, to deposit or arrange for the deposit of such securities in a clearing corporation.
(b) When such securities are so deposited, certificates representing securities of the same
class of the same issuer may be merged and held in bulk in the name of the nominee of such
clearing corporation with any other such securities deposited in such clearing corporation
by any person regardless of the ownership of securities and certificates of...
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22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum standards
for civil commitment; appeals from orders of probate courts as to commitment. (a) Any civil
commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
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19-3C-5
Section 19-3C-5 Delegation of management and investment functions. (a) Subject to any specific
limitation set forth in a gift instrument or in law other than this chapter, an institution
may delegate to an external agent the management and investment of an institutional fund to
the extent that an institution could prudently delegate under the circumstances. An institution
shall act in good faith, with the care that an ordinarily prudent person in a like position
would exercise under similar circumstances, in: (1) selecting an agent; (2) establishing the
scope and terms of the delegation, consistent with the purposes of the institution and the
institutional fund; and (3) periodically reviewing the agent's actions in order to monitor
the agent's performance and compliance with the scope and terms of the delegation. (b) In
performing a delegated function, an agent owes a duty to the institution to exercise reasonable
care to comply with the scope and terms of the delegation. (c) Absent...
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34-13-11
Section 34-13-11 Authorizing agent; right of disposition. (a) A person, who is at least 18
years of age and of sound mind, may enter into a contract to act as authorizing agent and
direct the location, manner, and conditions of disposition of remains and arrange for funeral
goods and services to be provided upon death. Except as otherwise provided in subsection (b),
the right to control the disposition of the remains of a deceased person as an authorizing
agent, including the location, manner, and conditions of disposition and arrangements for
funeral goods and services to be provided, shall vest in the following persons in the priority
listed and the order named, provided the person is at least 18 years of age and of sound mind:
(1) The person designated by the decedent as authorized to direct disposition pursuant to
Public Law No. 109-163, Section 564, as listed on the decedent's United States Department
of Defense Record of Emergency Data, DD Form 93, or its successor form, if the...
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8-6-17
Section 8-6-17 Prohibited acts regarding offer, sale, or purchase of securities. (a) It is
unlawful for any person, in connection with the offer, sale, or purchase of any security,
directly or indirectly, to: (1) Employ any device, scheme, or artifice to defraud; (2) Make
any untrue statement of a material fact or to omit 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; or (3) Engage in any act, practice or course of business which operates or
would operate as a fraud or deceit upon any person. (b) It is unlawful for any person who
receives, directly or indirectly, any consideration from another person for advising the other
person as to the value of securities or their purchase or sale, whether through the issuance
of analyses or reports or otherwise, (1) to employ any device, scheme, or artifice to defraud
the other person, (2) to engage in any act, practice, or course of business...
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22-22A-7
Section 22-22A-7 Hearings and procedures before commission; appeal and review. (a) Beginning
October 1, 1982, the Environmental Management Commission, in addition to any other authority
which may be conferred upon it by law, shall have the power to: (1) Develop and prescribe
its own hearing procedures, unless otherwise specified by law; and (2) Administer oaths, certify
to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, and
compel the attendance of witnesses and the production of papers, books, accounts, payrolls,
documents and records. In the event of failure of any person to comply with any subpoena lawfully
issued, or on the refusal of any witness to produce evidence or to testify as to any matter
regarding which he may be lawfully interrogated, it shall be the duty of any court of competent
jurisdiction or of the judge thereof, upon the application of the Environmental Management
Commission or its designee, to compel obedience by contempt...
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37-3-7
Section 37-3-7 Powers and duties of commission generally. It shall be the duty of the commission:
(1) To regulate common carriers by motor vehicle as provided in this chapter, and, to that
end, the commission may establish reasonable rules and requirements with respect to adequate
service, transportation of passengers, baggage, freight and express, uniform systems of accounts,
records and reports, preservation of records, qualifications and maximum hours of service
of employees and safety of operation and equipment. (2) To regulate contract carriers by motor
vehicle as provided in this chapter, and, to that end, the commission may establish reasonable
requirements with respect to uniform systems of accounts, records and reports, preservation
of records, qualifications and maximum hours of service of employees and safety of operation
and equipment. (3) To regulate brokers as provided in this chapter, and, to that end, the
commission may establish reasonable requirements with respect to...
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37-9-28
Section 37-9-28 Duties of air carriers as to service, facilities, etc.; undue preferences and
advantages prohibited; extension of credit; commission to establish, enforce, etc., reasonable
rates, fares, etc.; proceedings as to validity of rates, fares, etc.; authority to prescribe
service and rates, fares, etc.; time tables. (a) It shall be the duty of every common carrier
by aircraft to provide and furnish intrastate transportation, as authorized by its certificate,
upon reasonable request to have and to provide reasonable through intrastate service in such
transportation in connection with other such carriers or with common carriers by railroad,
motor vehicles, express or water; to provide adequate and reasonable service, equipment, facilities,
waiting rooms and rest rooms, in connection with such transportation; to establish, observe
and enforce just and reasonable individual and joint rates, fares and charges and just and
reasonable classifications, rules, regulations and practices...
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7-3-103
Section 7-3-103 Definitions. (a) In this article: (1) "Acceptor" means a drawee who
has accepted a draft. (2) "Drawee" means a person ordered in a draft to make payment.
(3) "Drawer" means a person who signs or is identified in a draft as a person ordering
payment. (4) "Good faith" means honesty in fact in the conduct or transaction concerned.
(5) "Maker" means a person who signs or is identified in a note as a person undertaking
to pay. (6) "Order" means a written instruction to pay money signed by the person
giving the instruction. The instruction may be addressed to any person, including the person
giving the instruction, or to one or more persons jointly or in the alternative but not in
succession. An authorization to pay is not an order unless the person authorized to pay is
also instructed to pay. (7) "Ordinary care" in the case of a person engaged in business
means observance of reasonable commercial standards, prevailing in the area in which the person
is located, with respect...
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7-4A-105
Section 7-4A-105 Other definitions. (a) In this article: (1) "Authorized account"
means a deposit account of a customer in a bank designated by the customer as a source of
payment of payment orders issued by the customer to the bank. If a customer does not so designate
an account, any account of the customer is an authorized account if payment of a payment order
from that account is not inconsistent with a restriction on the use of that account. (2) "Bank"
means a person engaged in the business of banking and includes a savings bank, savings and
loan association, credit union, and trust company. A branch or separate office of a bank is
a separate bank for purposes of this article. (3) "Customer" means a person, including
a bank, having an account with a bank, or from whom a bank has agreed to receive payment orders.
(4) "Funds-transfer business day" of a receiving bank means the part of a day during
which the receiving bank is open for the receipt, processing, and transmittal of...
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