Code of Alabama

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16-6D-9
Section 16-6D-9 Tax credit claims; administrative accountability; verification of requirements;
rules and procedures. (a)(1) An individual taxpayer who files a state income tax return and
is not claimed as a dependent of another taxpayer, a taxpayer subject to the corporate income
tax levied by Chapter 18 of Title 40, an Alabama S corporation as defined in Section 40-18-160,
or a Subchapter K entity as defined in Section 40-18-1 may claim a credit for a contribution
made to a scholarship granting organization. If the credit is claimed by an Alabama S corporation
or Subchapter K entity, the credit shall pass through to and may be claimed by any taxpayer
eligible to claim a credit under this subdivision who is a shareholder, partner, or member
thereof, based on the taxpayer's pro rata or distributive share, respectively, of the credit.
(2) The tax credit may be claimed by an individual taxpayer or a married couple filing jointly
in an amount equal to 100 percent of the total...
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36-25-4
Section 36-25-4 State Ethics Commission - Duties; complaint; investigation; hearings; fees;
finding of violation. (a) The commission shall do all of the following: (1) Prescribe forms
for statements required to be filed by this chapter and make the forms available to persons
required to file such statements. (2) Prepare guidelines setting forth recommended uniform
methods of reporting for use by persons required to file statements required by this chapter.
(3) Accept and file any written information voluntarily supplied that exceeds the requirements
of this chapter. (4) Develop, where practicable, a filing, coding, and cross-indexing system
consistent with the purposes of this chapter. (5) Make reports and statements filed with the
commission available during regular business hours and online via the Internet to public inquiry
subject to such regulations as the commission may prescribe. (6) Preserve reports and statements
for a period consistent with the statute of limitations as...
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10A-30-2.13
Section 10A-30-2.13 Effect of the close corporation provisions on other laws; applicable to
corporations formed as close corporations or electing close corporation status prior to January
1, 1995. This article shall not be deemed to repeal any statute or rule of law which is or
would be applicable to any corporation which is governed by the Alabama Business Corporation
Law but is not a close corporation. (Acts 1980, No. 80-633, p. 1094, §174; §10-2A-313; amended
and renumbered by Act 2009-513, p. 967, §374; Act 2019-94, §2.)...
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7-9A-409
Section 7-9A-409 Restrictions on assignment of letter-of-credit rights ineffective. (a) Term
or law restricting assignment generally ineffective. A term in a letter of credit or a rule
of law, statute, regulation, custom, or practice applicable to the letter of credit which
prohibits, restricts, or requires the consent of an applicant, issuer, or nominated person
to a beneficiary's assignment of or creation of a security interest in a letter-of-credit
right is ineffective to the extent that the term or rule of law, statute, regulation, custom,
or practice: (1) would impair the creation, attachment, or perfection of a security interest
in the letter-of-credit right; or (2) provides that the assignment or the creation, attachment,
or perfection of the security interest may give rise to a default, breach, right of recoupment,
claim, defense, termination, right of termination, or remedy under the letter-of-credit right.
(b) Limitation on ineffectiveness under subsection (a). To the extent...
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7-2A-104
Section 7-2A-104 Leases subject to other statutes. (1) A lease, although subject to this article,
is also subject to any applicable: (a) certificate of title statute of this state; (b) certificate
of title statute of another jurisdiction (Section 7-2A-105); or (c) consumer protection statute
of this state. (2) In case of conflict between this article, other than Sections 7-2A-105,
7-2A-304(3), and 7-2A-305(3), and any statute referred to in subsection (1), the provisions
of that statute control. (3) Failure to comply with any applicable statute has only the effect
specified therein. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §104.)...
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7-7-309
Section 7-7-309 Duty of care; contractual limitation of carrier's liability. (a) A carrier
that issues a bill of lading, whether negotiable or nonnegotiable, shall exercise the degree
of care in relation to the goods which a reasonably careful person would exercise under similar
circumstances. This subsection does not affect any statute, regulation, or rule of law that
imposes liability upon a common carrier for damages not caused by its negligence. (b) Damages
may be limited by a term in the bill of lading or in a transportation agreement that the carrier's
liability may not exceed a value stated in the bill or transportation agreement if the carrier's
rates are dependent upon value and the consignor is afforded an opportunity to declare a higher
value and the consignor is advised of the opportunity. However, such a limitation is not effective
with respect to the carrier's liability for conversion to its own use. (c) Reasonable provisions
as to the time and manner of presenting claims...
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6-5-734
defendant and cause of action all of the following: (1) The statute, rule, or other law of
the state or of the United States that allegedly creates the cause of action. (2) Each element
of the cause of action and the specific facts alleged to satisfy each element of the cause
of action. (3)a. The exemption under subsection (a) being relied upon and the specific facts
that allegedly demonstrate that the violation of the statute, rule, or other law in subdivision
(1) proximately caused actual injury to the plaintiff. b. In any action exempted under
subdivision (2) of Section 6-5-733, in addition to the foregoing pleading requirements, the
complaint initiating the action shall state with particularity facts sufficient to support
a reasonable inference that the violation was with intent to deceive or injure consumers or
with the actual knowledge that the violation was injurious to consumers. For purposes of applying
this article, the pleading requirements in this subsection are deemed...
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7-4A-507
Section 7-4A-507 Choice of law. (a) The following rules apply unless the affected parties otherwise
agree or subsection (c) applies: (1) The rights and obligations between the sender of a payment
order and the receiving bank are governed by the law of the jurisdiction in which the receiving
bank is located. (2) The rights and obligations between the beneficiary's bank and the beneficiary
are governed by the law of the jurisdiction in which the beneficiary's bank is located. (3)
The issue of when payment is made pursuant to a funds transfer by the originator to the beneficiary
is governed by the law of the jurisdiction in which the beneficiary's bank is located. (b)
If the parties described in each paragraph of subsection (a) have made an agreement selecting
the law of a particular jurisdiction to govern rights and obligations between each other,
the law of that jurisdiction governs those rights and obligations, whether or not the payment
order or the funds transfer bears a reasonable...
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8-1A-2
or records of one or both parties are not reviewed by an individual in the ordinary course
in forming a contract, performing under an existing contract, or fulfilling an obligation
required by the transaction. (3) COMPUTER PROGRAM. A set of statements or instructions to
be used directly or indirectly in an information processing system in order to bring about
a certain result. (4) CONSUMER. An individual who obtains, through a transaction, products
or services which are used primarily for personal, family, or household purposes, and
also means the legal representative of such an individual. (5) CONTRACT. The total legal obligation
resulting from the parties' agreement as affected by this chapter and other applicable law.
(6) ELECTRONIC. Relating to technology having electrical, digital, magnetic, wireless, optical,
electromagnetic, telephonic, or similar capabilities. (7) ELECTRONIC AGENT. A computer program
or an electronic or other automated means used independently to initiate an...
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10A-5A-1.08
Section 10A-5A-1.08 Limited liability company agreement - Scope; function; and limitations.
(a) Except as otherwise provided in subsections (b) and (c): (1) the limited liability company
agreement governs relations among the members as members and between the members and the limited
liability company; and (2) to the extent the limited liability company agreement does not
otherwise provide for a matter described in subsection (a)(1), this chapter governs the matter.
(b)(1) To the extent that, at law or in equity, a member or other person has duties, including
fiduciary duties, to the limited liability company, or to another member or to another person
that is a party to or is otherwise bound by a limited liability company agreement, the member's
or other person's duties may be expanded or restricted or eliminated by a written limited
liability company agreement, but the implied contractual covenant of good faith and fair dealing
may not be eliminated. (2) A written limited liability...
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