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7-8-104
Section 7-8-104 Acquisition of security or financial asset or interest therein. (a)
A person acquires a security or an interest therein, under this article, if: (1) the person
is a purchaser to whom a security is delivered pursuant to Section 7-8-301; or (2)
the person acquires a security entitlement to the security pursuant to Section 7-8-501.
(b) A person acquires a financial asset, other than a security, or an interest therein, under
this article, if the person acquires a security entitlement to the financial asset. (c) A
person who acquires a security entitlement to a security or other financial asset has the
rights specified in Part 5, but is a purchaser of any security, security entitlement, or other
financial asset held by the securities intermediary only to the extent provided in Section
7-8-503. (d) Unless the context shows that a different meaning is intended, a person who is
required by other law, regulation, rule, or agreement to transfer, deliver, present, surrender,...
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7-7-502
Section 7-7-502 Rights acquired by due negotiation. (a) Subject to Sections 7-7-205
and 7-7-503, a holder to which a negotiable document of title has been duly negotiated acquires
thereby: (1) Title to the document; (2) Title to the goods; (3) All rights accruing under
the law of agency or estoppel, including rights to goods delivered to the bailee after the
document was issued; and (4) The direct obligation of the issuer to hold or deliver the goods
according to the terms of the document free of any defense or claim by the issuer except those
arising under the terms of the document or under this article, but in the case of a delivery
order, the bailee's obligation accrues only upon the bailee's acceptance of the delivery order
and the obligation acquired by the holder is that the issuer and any indorser will procure
the acceptance of the bailee. (b) Subject to Section 7-7-503, title and rights acquired
by due negotiation are not defeated by any stoppage of the goods represented by the...
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7-8-110
Section 7-8-110 Applicability; choice of law. (a) The local law of the issuer's jurisdiction,
as specified in subsection (d), governs: (1) the validity of a security; (2) the rights and
duties of the issuer with respect to registration of transfer; (3) the effectiveness of registration
of transfer by the issuer; (4) whether the issuer owes any duties to an adverse claimant to
a security; and (5) whether an adverse claim can be asserted against a person to whom transfer
of a certificated or uncertificated security is registered or a person who obtains control
of an uncertificated security. (b) The local law of the securities intermediary's jurisdiction,
as specified in subsection (e), governs: (1) acquisition of a security entitlement from the
securities intermediary; (2) the rights and duties of the securities intermediary and entitlement
holder arising out of a security entitlement; (3) whether the securities intermediary owes
any duties to an adverse claimant to a security...
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35-12-80
Section 35-12-80 Public sale of abandoned property. (a) Except as otherwise provided
in this section, the Treasurer, within three years after the receipt of abandoned property,
shall sell it to the highest bidder at public sale. The Treasurer may decline the highest
bid and reoffer the property for sale if the Treasurer considers the bid to be insufficient.
The Treasurer need not offer the property for sale, if the Treasurer considers that the probable
cost of sale will exceed the proceeds of the sale. A sale held under this section shall
be preceded by a single publication of notice, at least three weeks before sale, in a newspaper
of general circulation in the county in which the property is to be sold. (b) Securities listed
on an established stock exchange must be sold at prices prevailing on the exchange at the
time of sale. Other securities may be sold over the counter at prices prevailing at the time
of sale or by any reasonable method selected by the Treasurer. All securities...
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7-7-501
Section 7-7-501 Form of negotiation and requirements of due negotiation. (a) The following
rules apply to a negotiable tangible document of title: (1) If the document's original terms
run to the order of a named person, the document is negotiated by the named person's indorsement
and delivery. After the named person's indorsement in blank or to bearer, any person may negotiate
the document by delivery alone. (2) If the document's original terms run to bearer, it is
negotiated by delivery alone. (3) If the document's original terms run to the order of a named
person and it is delivered to the named person, the effect is the same as if the document
had been negotiated. (4) Negotiation of the document after it has been indorsed to a named
person requires indorsement by the named person and delivery. (5) A document is duly negotiated
if it is negotiated in the manner stated in this subsection to a holder that purchases it
in good faith, without notice of any defense against or claim to it...
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34-27-50
Section 34-27-50 Definitions. For the purposes of this article, the following terms
shall have the meaning respectively ascribed to them by this section: (1) ACCOMMODATIONS.
Any hotel or motel room, condominium, or cooperative unit, cabin, lodge, apartment, or any
other private or commercial structure designed for occupancy by one or more individuals or
any recreational vehicle campsite or campground. (2) BUSINESS ENTITY. Any individual, corporation,
firm, association, joint venture, partnership, trust, estate, business trust, syndicate, fiduciary,
and any other group or combination which engages in acts or practices in any trade or commerce.
(3) CONTRACT. Any contract, promissory note, credit agreement, negotiable instrument, lease,
use agreement, license, security, or other muniment conferring on the purchaser the rights,
benefits, and obligations of a vacation time-sharing plan. (4) COMMISSION. The Alabama Real
Estate Commission. (5) COMMISSIONER. A member of the Alabama Real Estate...
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7-9A-109
Section 7-9A-109 Scope. (a) General scope of article. Except as otherwise provided in
subsections (c) and (d), this article applies to: (1) a transaction, regardless of its form,
that creates a security interest in personal property or fixtures by contract; (2) an agricultural
lien; (3) a sale of accounts, chattel paper, payment intangibles, or promissory notes; (4)
a consignment; (5) a security interest arising under Section 7-2-401, 7-2-505, 7-2-711(3),
or 7-2A-508(5), as provided in Section 7-9A-110; and (6) a security interest arising
under Section 7-4-210 or 7-5-118. (b) Security interest in secured obligation. The
application of this article to a security interest in a secured obligation is not affected
by the fact that the obligation is itself secured by a transaction or interest to which this
article does not apply. (c) Extent to which article does not apply. This article does not
apply to the extent that: (1) a statute, regulation, or treaty of the United States preempts
this...
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7-9A-403
Section 7-9A-403 Agreement not to assert defenses against assignee. (a) "Value."
In this section, "value" has the meaning provided in Section 7-3-303(a).
(b) Agreement not to assert claim or defense. Except as otherwise provided in this section,
an agreement between an account debtor and an assignor not to assert against an assignee any
claim or defense that the account debtor may have against the assignor is enforceable by an
assignee that takes an assignment: (1) for value; (2) in good faith; (3) without notice of
a claim of a property or possessory right to the property assigned; and (4) without notice
of a defense or claim in recoupment of the type that may be asserted against a person entitled
to enforce a negotiable instrument under Section 7-3-305(a). (c) When subsection (b)
not applicable. Subsection (b) does not apply to defenses of a type that may be asserted against
a holder in due course of a negotiable instrument under Section 7-3-305(b). (d) Omission
of required statement...
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10A-2A-13.02
Section 10A-2A-13.02 Right to appraisal. (a) A stockholder is entitled to appraisal
rights, and to obtain payment of the fair value of that stockholder's stock, in the event
of any of the following corporate actions: (1) consummation of a merger to which the corporation
is a party (i) if the corporation is a subsidiary and the merger is governed by Section
10A-2A-11.05 or (ii) if stockholder approval is required for the merger by Section
10A-2A-11.04, or would be required but for the provisions of Section 10A-2A-11.04(j),
except that appraisal rights shall not be available to any stockholder of the corporation
with respect to stock of any class or series that remain outstanding after consummation of
the merger; (2) consummation of a stock exchange to which the corporation is a party the stock
of which will be acquired, except that appraisal rights shall not be available to any stockholder
of the corporation with respect to any class or series of stock of the corporation that is
not...
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8-6-11
Section 8-6-11 Registration of securities - Exempt transactions. (a) Except as hereinafter
in this section expressly provided, Sections 8-6-3 through 8-6-9 shall not apply to
any of the following transactions: (1) Any isolated nonissuer transaction, whether effected
through a dealer or not; (2) Any nonissuer transaction in an outstanding security by a registered
dealer if: a. The issuer has a class of securities subject to registration under Section
12 of the Securities Exchange Act of 1934 and has been subject to the reporting requirements
of Sections 13 or 15(d) of the Securities Exchange Act of 1934 for not less than 180 days
before the transaction; or has filed and maintained with the commission for not less than
180 days before the transaction information, in such form as the commission, by rule, specifies,
substantially comparable to the information which the issuer would be required to file under
Section 12(b) or Section 12(g) of the Securities Exchange Act of 1934, or the...
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