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34-8A-3
Section 34-8A-3 Construction and application of chapter. (a) Nothing in this chapter
shall be construed to apply to any of the following: (1) The activities, services, and use
of an official title on the part of a person employed as a counselor by any federal, state,
county, or municipal agency; public or private educational institution; medical personnel
in a clinic or hospital that is certified by the Alabama Department of Public Health or any
successor to such department or that is accredited by the Joint Commission on Accreditation
of Health Care Organizations or any successor to such commission; law practice; or licensed
private employment agencies, provided such persons are performing counseling or counseling-related
activities within the scope of their employment. (2) The activities and services of a student,
intern, or trainee in counseling pursuing a course of study in counseling in a regionally
accredited institution of higher learning or training institution, if these...
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40-12-172
Section 40-12-172 Transient dealers. Each person doing business as a transient dealer
as defined in this section and who does not pay the privilege license under Section
40-12-73 or the license permit under Section 40-25-19 shall pay an annual license tax
to the state of $30. The payment of one state license shall authorize such transient dealer
to engage in such business in any county in the state upon the payment of a county license
of $5 in each such county. When used in this section, the words "transient dealer"
shall be held to include any person or persons who shall be embraced in any of the following
classifications: All persons acting for themselves or as an agent, employee, salesman or in
any capacity for another, whether as owner, bailee or other custodian of goods, wares, and
merchandise and going from person to person, dealer to dealer, house to house or place to
place and selling or offering to sell, exchanging or offering to exchange, for resale by a
retailer, any goods,...
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5-26-13
Section 5-26-13 Enforcement authorities, violations, and penalties. (1) In order to
ensure the effective supervision and enforcement of this chapter the supervisor may: (a) Deny,
suspend, revoke, condition, or decline to renew a license for a violation of this chapter,
rules or regulations issued under this chapter or order or directive entered under this chapter,
or for failure to comply with any other state or federal law, including the rules and regulations
thereunder, applicable to any business authorized or conducted under this act. (b) Deny, suspend,
revoke, condition, or decline to renew a license if an applicant or licensee fails at any
time to meet the requirements of Section 5-26-6 or Section 5-26-9, or withholds
information or makes a material misstatement in an application for a license or renewal of
a license. (c) Order restitution against persons subject to this chapter for violations of
this chapter. (d) Impose fines on persons subject to this chapter pursuant to...
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6-11-3
Section 6-11-3 Future damages; requirements if damages greater than $150,000; attorney's
fees; periodic payments over period of years; specific findings; evidence of financial ability
to make payments; evidence of present value inadmissible. Where the damages assessed against
a defendant by the trier of fact include an award of future damages, the trial court shall
comply with the following in rendering its judgment in the case: (1) Judgment shall be entered
against the defendant for all past damages and punitive damages assessed against the defendant
by the trier of fact. (2) If the award of future damages assessed by the trier of fact is
$150,000 or less, the trial court shall enter judgment against the defendants for the amount
of such future damages. (3) If the award of future damages assessed by the trier of fact is
greater than $150,000, the trial court shall enter judgment as follows: a. Judgment shall
be entered against the defendant for $150,000 of such future damage. b. If,...
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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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7-9A-505
Section 7-9A-505 Filing and compliance with other statutes and treaties for consignments,
leases, other bailments, and other transactions. (a) Use of terms other than "debtor"
and "secured party." A consignor, lessor, or other bailor of goods, a licensor,
or a buyer of a payment intangible or promissory note may file a financing statement, or may
comply with a statute or treaty described in Section 7-9A-311(a), using the terms "consignor",
"consignee", "lessor", "lessee", "bailor", "bailee",
"licensor", "licensee", "owner", "registered owner",
"buyer", "seller", or words of similar import, instead of the terms "secured
party" and "debtor". (b) Effect of financing statement under subsection (a).
This part applies to the filing of a financing statement under subsection (a) and, as appropriate,
to compliance that is equivalent to filing a financing statement under Section 7-9A-311(b),
but the filing or compliance is not of itself a factor in determining whether the collateral
secures an...
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8-19-8
Section 8-19-8 Restraining orders. (a) Whenever the office of the Attorney General or
the office of the district attorney has reason to believe that any person is engaging in,
has engaged in or is about to engage in any act or practice declared to be unlawful by this
chapter, the Attorney General or the district attorney may bring an action in the name of
the state against such person to restrain by temporary restraining order, temporary or permanent
injunction such acts or practices. However, unless the Attorney General or district attorney
determines that a person subject to the provisions of this chapter designs quickly to depart
from this state or to remove his property therefrom, or to conceal himself or his property
therein, or to continue practices unlawful under this chapter, he shall, before initiating
any legal proceedings is contemplated, allow such person a reasonable opportunity to appear
before the Attorney General or district attorney and solve the dispute to the...
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8-6-9
Section 8-6-9 Registration of securities - Denial, suspension and revocation of registration.
The Securities Commission shall issue an order denying effectiveness to, or suspending or
revoking the effectiveness of, any registration statement in the sale of securities if it
finds that the order is in the public interest and that: (1) The registration statement, as
of its effective date or as of any earlier date in the case of an order denying effectiveness,
is incomplete in any material respect or contains any statement which was, in the light of
the circumstances under which it was made, false or misleading with respect to any material
fact. (2) Any provision of this article or any rule, order, or condition lawfully imposed
under this article has been willfully violated in connection with the offering by: a. Any
person filing the registration statement; b. The issuer, any partner, officer, or director
of the issuer, any person occupying a similar status or performing similar functions,...
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9-17-19
Section 9-17-19 Civil actions for damages for violations of provisions of article, rules,
etc.; actions by private parties to enjoin violations of provisions of article, rules, etc.
(a) Nothing contained or authorized in this article and no civil action by or against the
board and no penalties imposed or claimed against any person for violating any provision of
this article or any rule, regulation or order issued under this article and no forfeiture
shall impair or abridge or delay any cause of action for damages which any person may have
or assert against any person violating any provision of this article or any rule, regulation
or order issued under this article. Any person so damaged by the violation may institute a
civil action for and recover such damages as he may show that he is entitled to receive. (b)
In the event the board should fail to bring a civil action to enjoin any actual or threatened
violation of any provision of this article or of any rule, regulation or order made...
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10A-1-1.03
Section 10A-1-1.03 Definitions. As used in this title, unless the context otherwise
requires, the following terms mean: (1) AFFILIATE. A person who controls, is controlled by,
or is under common control with another person. An affiliate of an individual includes the
spouse, or a parent or sibling thereof, of the individual, or a child, grandchild, sibling,
parent, or spouse of any thereof, of the individual, or an individual having the same home
as the individual, or a trust or estate of which an individual specified in this sentence
is a substantial beneficiary; a trust, estate, incompetent, conservatee, protected person,
or minor of which the individual is a fiduciary; or an entity of which the individual is director,
general partner, agent, employee or the governing authority or member of the governing authority.
(2) ASSOCIATE. When used to indicate a relationship with: (A) a domestic or foreign entity
for which the person is: (i) an officer or governing person; or (ii) a beneficial...
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