10A-1-5.03
Section 10A-1-5.03 Names prohibited. (a) A domestic entity may not have a name and a foreign filing entity may not register to transact business in this state under a name that is the same as or not distinguishable on the records of the Secretary of State from: (1) the name of another existing filing entity or a general partnership that has an effective statement of partnership, statement of not for profit partnership, or limited liability partnership under Chapter 8A; (2) the name of a foreign filing entity that has a registration under Article 7; (3) a name that is reserved under Division B. (b) Subsection (a) does not apply if the other entity or the person for whom the name is reserved consents in writing to the use of a name not distinguishable on the records of the Secretary of State, and submits an undertaking in form satisfactory to the Secretary of State to change its name to a name that is distinguishable on the records of the Secretary of State from the name for which...
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25-5-11
Section 25-5-11 Actions against third parties jointly liable with employers for injuries or death; actions for injury or death resulting from willful conduct; attorney's fees in settlements with third parties. (a) If the injury or death for which compensation is payable under Articles 3 or 4 of this chapter was caused under circumstances also creating a legal liability for damages on the part of any party other than the employer, whether or not the party is subject to this chapter, the employee, or his or her dependents in case of death, may proceed against the employer to recover compensation under this chapter or may agree with the employer upon the compensation payable under this chapter, and at the same time, may bring an action against the other party to recover damages for the injury or death, and the amount of the damages shall be ascertained and determined without regard to this chapter. If a party, other than the employer, is a workers' compensation insurance carrier of the...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of punishment options, from probation to incarceration, graduated in restrictiveness according to the degree of supervision of the offender including, but not limited to, all of the following: a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised probation, that requires an offender to serve a sentence of imprisonment. The term includes time served in a work release program operated as a custody option by the Alabama Department of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate Punishment. A sentence that may include assignment to any...
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22-28-23
Section 22-28-23 Local air pollution control programs. (a) Except as provided in this section, it is the intention of this chapter to occupy by preemption the field of air pollution control within all areas of the State of Alabama. However, nothing in this section shall be construed to limit or abrogate any private remedies now available to any person for the alleviation, abatement, control, correction, or prevention of air pollution or restitution for damage resulting therefrom. (b) Subject to the provisions of this section, each municipal governing body which had municipal ordinances in effect on, or before, July 1, 1969, which pertain to air pollution control and which provide for the creation and establishment of an air pollution control board and each county board of health shall have the authority to establish, and thereafter administer, within their jurisdictions, a local air pollution control program which: (1) Provides, subject to subsection (d) of this section, by ordinance,...
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34-1-7
Section 34-1-7 Practice privilege for nonresident certified public accountants. (a) Subject to subsection (b), a person who is licensed as a certified public accountant in another state whose principal place of business is not in this state shall have all the privileges of a certified public accountant in this state without the need to obtain a certificate or permit under this chapter or to notify or register with the board and may offer or render professional services in this state, whether in person or by mail, telephone, or electronic means, without any notice, fee, or other submission under this chapter. (b) A person exercising the practice privilege granted in subsection (a) and any firm that employs the person, as a condition of the grant of the privilege, are deemed to consent to all of the following: (1) The personal and subject matter jurisdiction and disciplinary authority of the board and the courts of Alabama. (2) Compliance with this chapter and any rules promulgated by...
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8-7A-2
Section 8-7A-2 Definitions. For purposes of this chapter, the following terms shall have the following meanings: (1) AGENT or AUTHORIZED DELEGATE. Any person designated or employed by a licensee under this chapter to provide monetary transmission services on behalf of the licensee. (2) APPLICANT. Any person that files an application for a license under this chapter. (3) BANK. An institution organized under federal or state law which meets any of the following requirements: a. Accepts demand deposits or deposits that the depositor may use for payment to third parties and engages in the business of making loans. b. Engages in credit card operations and maintains only one office that accepts deposits, does not accept demand deposits or deposits that a depositor may use for payments to third parties, does not accept a savings or time deposit less than one hundred thousand dollars ($100,000), and does not engage in the business of making commercial loans. c. Is a trust company subject to...
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11-65-20
Section 11-65-20 Terms of operator's license. (a) An operator's license issued under this chapter, whether for horse racing and pari-mutuel wagering thereon or for greyhound racing and pari-mutuel wagering thereon, shall be for an initial period of 20 years, but shall be subject to renewal as provided in this section. A commission shall have no power to modify the terms of an operator's license, once issued, without the prior written consent of the holder of such license. An operator's license shall be reviewed annually, but such license shall be revocable by the commission only if the holder thereof shall not be in compliance with the provisions of this chapter or the valid rules, regulations and orders of the commission and such noncompliance shall have continued for 60 days after written notice shall be given to such holder by the commission stating the circumstances of noncompliance and demanding corrective action. (b) A commission issuing an operator's license shall state therein...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-65-20.htm - 16K - Match Info - Similar pages
13A-2-6
Section 13A-2-6 Effect of ignorance or mistake upon liability. (a) A person is not relieved of criminal liability for conduct because he engages in that conduct under a mistaken belief of fact unless: (1) His factual mistake negatives the culpable mental state required for the commission of an offense; or (2) The statute defining the offense or a statute related thereto expressly provides that such a factual mistake constitutes a defense or exemption; or (3) The factual mistake is of a kind that supports a defense of justification as defined in Article 2 of Chapter 3 of this title. (b) A person is not relieved of criminal liability for conduct because he engages in that conduct under a mistaken belief that it does not, as a matter of law, constitute an offense, unless his mistaken belief is founded upon an official statement of the law contained in a statute or the latest judicial decision of the highest state or federal court which has decided on the matter. (c) The burden of...
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5-26-17
Section 5-26-17 Prohibited acts and practices. It is a violation of this chapter for a person or individual subject to this chapter to: (1) Obtain property by intentional fraud or intentional misrepresentation; (2) Solicit or enter into a contract with a borrower that provides in substance that the person or individual subject to this chapter may earn a fee or commission through "best efforts" to obtain a loan even though no loan is actually obtained for the borrower; (3) Conduct any business covered by this chapter without holding a valid license if required under this chapter; (4) Fail to make disclosures as required by this chapter; (5) Fail to comply with this chapter or rules or regulations promulgated under this chapter; (6) Collect, charge, or attempt to collect or charge any fee prohibited by this chapter; or (7) Fail to account for monies belonging to a party to a residential mortgage loan transaction, as required by law or regulation. (Act 2009-627, p. 1907, §17.)...
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8-7A-12
Section 8-7A-12 Examinations. (a) The commission may conduct an annual examination of a licensee or of any of its authorized delegates. (b) The commission may examine a licensee or its authorized delegate, at any time, if the commission has reason to believe that the licensee or authorized delegate is engaging in an unsafe or unsound practice or has violated or is violating this chapter or any rule adopted or order issued under this chapter. (c) If the commission concludes that an on-site examination is necessary under subsection (b), the licensee shall pay the reasonable cost of the examination. (d) Information obtained during any examination under this chapter may be disclosed only as prescribed in Section 8-7A-21. (Act 2017-389, §2.)...
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