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7-9A-408
Section 7-9A-408 Restrictions on assignment of promissory notes, health-care-insurance
receivables, and certain general intangibles ineffective. (a) Term restricting assignment
generally ineffective. Except as otherwise provided in subsection (b), a term in a promissory
note or in an agreement between an account debtor and a debtor which relates to a health-care-insurance
receivable or a general intangible, including a contract, permit, license, or franchise, and
which term prohibits, restricts, or requires the consent of the person obligated on the promissory
note or the account debtor to, the assignment or transfer of, or creation, attachment, or
perfection of a security interest in, the promissory note, health-care-insurance receivable,
or general intangible, is ineffective to the extent that the term: (1) would impair the creation,
attachment, or perfection of a security interest; or (2) provides that the assignment or transfer
or the creation, attachment, or perfection of the...
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8-9B-2
Section 8-9B-2 Definitions. As used in this chapter: (1) "Affiliate" means:
(i) a person that directly or indirectly owns, controls, or holds with power to vote, 20 percent
or more of the outstanding voting securities of the debtor, other than a person that holds
the securities: (A) as a fiduciary or agent without sole discretionary power to vote the securities;
or (B) solely to secure a debt, if the person has not in fact exercised the power to vote;
(ii) a corporation 20 percent or more of whose outstanding voting securities are directly
or indirectly owned, controlled, or held, with power to vote, by the debtor or a person that
directly or indirectly owns, controls, or holds, with power to vote, 20 percent or more of
the outstanding voting securities of the debtor, other than a person that holds the securities:
(A) as a fiduciary or agent without sole discretionary power to vote the securities; or (B)
solely to secure a debt, if the person has not in fact exercised the power to...
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8-9B-9
Section 8-9B-9 Defenses, liability, and protection of transferee. (a) A transfer is
not voidable under Section 8-9B-5(a)(1) against a person that took in good faith and
for a reasonably equivalent value given the debtor or against any subsequent transferee that
took in good faith. (b) To the extent a transfer is avoidable in an action by a creditor under
Section 8-9B-8(a)(1), the following rules apply: (1) Except as otherwise provided in
this section, the creditor may recover judgment for the value of the asset transferred,
as adjusted under subsection (c), or the amount necessary to satisfy the creditor's claim,
whichever is less. The judgment may be entered against: (i) the first transferee of the asset
or the person for whose benefit the transfer was made; or (ii) any subsequent transferee,
other than: (A) a good-faith transferee that took for value; or (B) a subsequent transferee
of a person described in clause (A). (2) Recovery pursuant to Section 8-9B-8(a)(1)
or (b) of or from...
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34-27A-2
Section 34-27A-2 Definitions. The following terms as used in this article shall have
the following meanings: (1) APPRAISAL. The act or process of developing an opinion of value
of real property; an opinion of the value of real property; of or pertaining to appraising
real property and related functions such as appraisal practice or appraisal services. (2)
APPRAISAL FOUNDATION. The Appraisal Foundation incorporated as an Illinois not-for-profit
corporation on November 30, 1987. (3) APPRAISAL MANAGEMENT COMPANY. An external third party
including, but not limited to, a corporation, partnership, sole proprietorship, subsidiary,
or limited liability company, authorized either by a creditor of a consumer credit transaction
secured by the principal dwelling of a consumer or by an underwriter of or other principal
in the secondary mortgage markets, that oversees a network or panel of more than four certified
or licensed appraisers in a state or 25 or more nationally in a given year, that...
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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-8A-1.08
Section 10A-8A-1.08 Effect of partnership agreement; nonwaivable provisions. (a) Except
as otherwise provided in subsections (b) and (c): (1) the partnership agreement governs relations
among the partners as partners and between the partners and the partnership; and (2) to the
extent the partnership 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
partner or other person has duties, including fiduciary duties, to a partnership or to another
partner or to another person that is a party to or is otherwise bound by a partnership agreement,
the partner's or other person's duties may be expanded or restricted or eliminated by provisions
in a written partnership agreement, but the implied contractual covenant of good faith and
fair dealing may not be eliminated. (2) A written partnership agreement may provide for the
limitation or elimination of any and all liabilities for...
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8-19-10
Section 8-19-10 Private right of action. (a) Any person who commits one or more of the
acts or practices declared unlawful under this chapter and thereby causes monetary damage
to a consumer, and any person who commits one or more of the acts or practices declared unlawful
in subdivisions (19) and (20) of Section 8-19-5 and thereby causes monetary damage
to another person, shall be liable to each consumer or other person for: (1) Any actual damages
sustained by such consumer or person, or the sum of $100, whichever is greater; or (2) Up
to three times any actual damages, in the court's discretion. In making its determination
under this subsection, the court shall consider, among other relevant factors, the amount
of actual damages awarded, the frequency of the unlawful acts or practices, the number of
persons adversely affected thereby, and the extent to which the unlawful acts or practices
were committed intentionally; and (3) In the case of any successful action or counterclaim
to...
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10A-9A-1.08
Section 10A-9A-1.08 Effect of partnership agreement; nonwaivable provisions. (a) Except
as otherwise provided in subsections (b) and (c): (1) the partnership agreement governs relations
among the partners as partners and between the partners and the partnership; and (2) to the
extent the partnership 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
partner or other person has duties, including fiduciary duties, to a limited partnership or
to another partner or to another person that is a party to or is otherwise bound by a partnership
agreement, the partner's or other person's duties may be expanded or restricted or eliminated
by provisions in a written partnership agreement, but the implied contractual covenant of
good faith and fair dealing may not be eliminated. (2) A written partnership agreement may
provide for the limitation or elimination of any and all liabilities...
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6-5-248
Section 6-5-248 Who may redeem; priorities. (a) Where real estate, or any interest therein,
is sold, it may be redeemed by: (1) Any debtor, including any surety or guarantor. (2) Any
mortgagor, even if the mortgagor is not personally liable for payment of a debt. (3) Any junior
mortgagee, or its transferee. (4) Judgment creditor, or its transferee. (5) Any transferee
of the interests of the debtor or mortgagor, either before or after the sale. A transfer of
any kind made by the debtor or mortgagor will accomplish a transfer of the interests of that
party. (6) The respective spouses of all debtors, mortgagors, or transferees of any interest
of the debtor or mortgagor, who are spouses on the day of the execution, judgment, or foreclosure
sale. (7) Children, heirs, or devisees of any debtor or mortgagor. (b) All persons named or
enumerated in subdivisions (a)(1) through (a)(7) may exercise the right of redemption granted
by this article within 180 days from the date of the sale for...
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13A-8-1
Section 13A-8-1 Definitions. The following definitions are applicable in this article
unless the context otherwise requires: (1) DECEPTION occurs when a person knowingly: a. Creates
or confirms another's impression which is false and which the defendant does not believe to
be true; or b. Fails to correct a false impression which the defendant previously has created
or confirmed; or c. Fails to correct a false impression when the defendant is under a duty
to do so; or d. Prevents another from acquiring information pertinent to the disposition of
the property involved; or e. Sells or otherwise transfers or encumbers property, failing to
disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property
when the defendant is under a duty to do so, whether that impediment is or is not valid, or
is not a matter of official record; or f. Promises performance which the defendant does not
intend to perform or knows will not be performed. Failure to perform, standing...
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