26-1A-217
exclusion limit; and (2) consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C.
Section 2513, as amended, to the splitting of a gift made by the principal's spouse in an
amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.
(c) An agent may make a gift of the principal's property only as the agent determines is consistent
with the principal's objectives if actually known by the agent and, if unknown, as the agent
determines is consistent with the principal's best interest based on all relevant factors,
including: (1) the value and nature of the principal's property; (2) the principal's foreseeable
obligations and need for maintenance; (3) minimization of taxes, including income, estate,
inheritance, generation skipping transfer, and gift taxes; (4) eligibility for a benefit,
a program, or assistance under a statute or regulation; and (5) the principal's personal
history of making or joining in making gifts. (Act 2011-683, p. 2015, §1.)...
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35-4-92
Section 35-4-92 Transfers of standing timber, trees, and cutting rights. Except as may be otherwise
provided by Article 9 of the Uniform Commercial Code, all conveyances, mortgages, and other
instruments executed hereafter for the purpose of transferring standing timber or trees, or
cutting rights with respect thereto, or an interest therein, whether such timber, trees, or
rights shall be real or personal property, shall be recorded in the county in which
such timber and trees are located in the same manner and books and under the same conditions
that conveyances of real property are recorded in such county and with like effect; and no
such instrument need be recorded elsewhere. Unless an instrument effecting such transfer and
herein required to be recorded is so recorded, any such transfer shall be inoperative and
void as against purchasers, mortgagees, and judgment creditors without notice. (Acts 1951,
No. 629, p. 1084; Acts 1965, No. 549, p. 811.)...
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35-4-54
Section 35-4-54 Conveyances of personal property brought into state by tenants for life
or years. Whenever any person, having an estate for life or years in personal property
removes to this state with such property, the conveyance creating such estate must be recorded
in the county to which it was brought within 12 months thereafter; and, if such property is
removed to another county, then in such county within four months after its removal thereto,
or such property must be taken to vest absolutely in such person, as to purchasers and creditors
without notice; provided, however, that nothing contained in this section shall be construed
as applying to any leases, including, without limitation, leases under the Uniform Commercial
Code. (Code 1852, §1285; Code 1867, §1555; Code 1876, §2164; Code 1886, §1808; Code 1896,
§1001; Code 1907, §3378; Code 1923, §6869; Code 1940, T. 47, §112; Acts 1992, 2nd Ex.
Sess., No. 92-700, p. 92, §604.)...
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7-9A-105
Section 7-9A-105 Control of electronic chattel paper. (a) General rule: control of electronic
chattel paper. A secured party has control of electronic chattel paper if a system employed
for evidencing the transfer of interests in the chattel paper reliably establishes the secured
party as the person to which the chattel paper was assigned. (b) Specific facts giving control.
A system satisfies subsection (a) and a secured party has control of electronic chattel paper
if the record or records comprising the chattel paper are created, stored, and assigned in
such a manner that: (1) a single authoritative copy of the record or records exists which
is unique, identifiable and, except as otherwise provided in paragraphs (4), (5), and (6),
unalterable; (2) the authoritative copy identifies the secured party as the assignee of the
record or records; (3) the authoritative copy is communicated to and maintained by the secured
party or its designated custodian; (4) copies or amendments that add...
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12-21-401
Section 12-21-401 Definitions. In this article: (1) "Foreign jurisdiction" means
a state other than this state. (2) "Foreign subpoena" means a subpoena issued in
a civil action under authority of a court of record of a foreign jurisdiction. (3) "Person"
means an individual, corporation, business trust, estate, trust, partnership, limited liability
company, association, joint venture, public corporation, government, or governmental subdivision,
agency or instrumentality, or any other legal or commercial entity. (4) "State"
means a state of the United States, the District of Columbia, Puerto Rico, the United States
Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession
subject to the jurisdiction of the United States. (5) "Subpoena" means a document,
however denominated, issued in a civil action under authority of a court of record requiring
a person to: (A) Attend and give testimony at a deposition. (B) Produce and permit inspection
and copying of...
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35-8A-103
interest in, over, or under land, including structures, fixtures, and other improvements and
interests which by custom, usage, or law pass with a conveyance of land though not described
in the contract of sale or instrument of conveyance. "Real estate" includes parcels
with or without upper or lower boundaries, and spaces that may be filled with air or water.
(22) RESIDENTIAL PURPOSES. Use for dwelling or recreational purposes, or both. (23) SECURITY
INTEREST. An interest in real estate or personal property created by contract or conveyance,
which secures payment or performance of an obligation. The term includes a lien created by
a mortgage, vendor's lien, deed of trust, contract for deed, land sales contract, lease intended
as security, assignment of lease, rents intended as security, or any similar security device,
pledge of an ownership interest in an association, and any other consensual lien or title
retention contract intended as security for an obligation. (24) SPECIAL...
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10A-5A-1.06
Section 10A-5A-1.06 Rules of construction. (a) It is the policy of this chapter and this state
to give maximum effect to the principles of freedom of contract and to the enforceability
of limited liability company agreements. (b) Unless displaced by particular provisions of
this chapter, the principles of law and equity supplement this chapter. (c) The rule that
statutes in derogation of the common law are to be strictly construed shall have no application
to this chapter. (d) The use of any gender shall be applicable to all genders. The captions
contained in this chapter are for purposes of convenience only and shall not control or affect
the construction of this chapter. (e) Sections 7-9A-406 and 7-9A-408 of the Uniform Commercial
Code, and all successor statutes thereto, do not apply to any interest in a limited liability
company, including all rights, powers, and interests arising under a limited liability company
agreement or this chapter. This provision prevails over Sections...
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35-11-110
Section 35-11-110 Lien declared. Any blacksmith, woodworkman, or other mechanic who contributes
his labor and material, or either, to the production, manufacture, or repair of any vehicle,
implement, machine, or article of any kind, shall have a lien thereon in the hands of any
person for whom such vehicle, implement, machine, or article was made or repaired, or to whom
sold, and in the hands of any purchaser with notice of such lien, for the agreed price, or
the value if no price was agreed upon, of the labor and material, or either, contributed to
the production, manufacture, or repair of the same. Said lien shall be subordinate to any
security interest under the Uniform Commercial Code in such vehicle, implement, machine, or
article, which security interest was perfected prior to the time said labor or material was
contributed, unless the secured party holding said security interest authorized the contribution
of said labor or material. (Code 1876, §3462; Code 1886, §3049; Code...
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45-35-83.21
Section 45-35-83.21 Additional filing fee - Excluding tag and license functions. (a) The Judge
of Probate of Houston County shall charge a special additional filing fee of three dollars
($3) for filing or for recording each and every instrument, paper, writing, or decree in his
or her office, including, but not limited to, those related to personal property, a
Uniform Commercial Code statement, each real estate, warranty deed, deed or executor deed,
subordinate agreement, agreement, land lease, partial release or release, affidavit, marriage
license, official bond plat, oath of office, bill of sale, custodian bond, declaration of
trust, transfer, assignment, satisfaction, declaration of vacation bond to indemnify, lis
pendens notice, order approving trustee bond, and excerpts of minutes. This special additional
filing fee does not apply to the filing and recording of instruments and papers used in the
tag and license functions of the probate office. (b) The month following collection,...
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45-9-84.21
Section 45-9-84.21 Additional recording fee. (a) Pursuant to the authority granted by Amendment
380 of the Constitution of Alabama of 1901 and subsection (d) of Section 12-19-90, in Chambers
County, an additional recording fee of ten dollars ($10) shall be paid to the county and collected
by the judge of probate. No court document shall be received for record in the office of the
judge of probate unless the additional recording fee is paid. The additional recording fee
shall not apply to real property or uniform commercial code documents. The recording fee shall
be in addition to all other fees, taxes, and other charges required by law to be paid upon
the filing for record of any instrument in the probate office. All recording fees so collected
shall be deposited by the judge of probate in any bank in Chambers County and expended at
the discretion of the judge of probate for general operation of the probate office. (b) The
fees collected under this section shall be controlled at the...
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