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8-6-10
Section 8-6-10 Registration of securities - Exempt securities. Sections 8-6-4 through
8-6-9 shall not apply to any of the following securities: (1) Any security, including a revenue
obligation, issued or guaranteed by the United States, any state, any political subdivision
of a state, any agency, corporate, or other instrumentality of one or more of the foregoing;
or any certificate of deposit for any of the foregoing. (2) Any security issued or guaranteed
by Canada, any Canadian province, any political subdivision of any province, any agency, corporate,
or other instrumentality of one or more of the foregoing or any other foreign government with
which the United States currently maintains diplomatic relations if the security is recognized
as a valid obligation by the issuer or guarantor. (3) Any security issued by and representing
an interest in or a debt of, or guaranteed by, any bank organized under the laws of the United
States or any bank, savings institution, or trust company...
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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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39-2-12
Section 39-2-12 Partial and final payments of contractors by awarding authorities. (a)
As used in this section the following words shall have the meanings ascribed to them
as follows: (1) CONTRACTOR. Any natural person, partnership, company, firm, corporation, association,
limited liability company, cooperative, or other legal entity licensed by the Alabama State
Licensing Board for General Contractors. (2) NONRESIDENT CONTRACTOR. A contractor which is
neither a. organized and existing under the laws of the State of Alabama, nor b. maintains
its principal place of business in the State of Alabama. A nonresident contractor which has
maintained a permanent branch office within the State of Alabama for at least five continuous
years shall not thereafter be deemed to be a nonresident contractor so long as the contractor
continues to maintain a branch office within Alabama. (3) RETAINAGE. That money belonging
to the contractor which has been retained by the awarding authority conditioned on...
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8-6-3
Section 8-6-3 Registration and bonds of dealers, agents, investment advisers, etc. (a)
It is unlawful for any person to transact business in this state as a dealer or agent for
securities unless he or she is registered under this article. It is unlawful for any dealer
or issuer to employ an agent unless the agent is registered. (b) It is unlawful for any person
to transact business in this state as an investment adviser or as an investment adviser representative
unless: (1) He or she is so registered under this article; (2) His or her only clients in
this state are investment companies as defined in the Investment Company Act of 1940, other
investment advisers, broker-dealers, banks, trust companies, savings and loan associations,
insurance companies, employee benefit plans with assets of not less than $1,000,000, and governmental
agencies or instrumentalities, whether acting for themselves or as trustees with investment
control, or other institutional investors as are designated by...
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8-6-2
Section 8-6-2 Definitions. When used in this article, unless the context otherwise requires,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) COMMISSION or SECURITIES COMMISSION. The securities commission. (2) AGENT. Any individual
other than a dealer who represents a dealer or issuer in effecting or attempting to effect
sales of securities, but such term does not include an individual who represents an issuer
in: a. Effecting a transaction in a security exempted by subdivisions (1), (2), (3), (4),
(9) or (10) of Section 8-6-10; b. Effecting transactions exempted by Section
8-6-11; or c. Effecting transactions with existing employees, partners, or directors of the
issuer if no commission or other remuneration is paid or given directly or indirectly for
soliciting any person in this state. A partner, officer, or director of a dealer or issuer
is an agent if he otherwise comes within this definition. (3) DEALER. Any person engaged in
the...
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8-19A-4
Section 8-19A-4 Exemptions. The provisions of this chapter do not apply to: (1) A person
engaging in commercial telephone solicitation where the solicitation is an isolated transaction
and not done in the course of a pattern of repeated transactions of like nature. (2) A person
making calls for religious, charitable, political, educational, or other noncommercial purposes
or a person soliciting for a nonprofit corporation if that corporation is properly registered
with the Secretary of State and is included within the exemption of the Alabama Revenue Code
or Section 501(c)(3) of the Internal Revenue Code or rural electric cooperatives formed
under Chapter 6 of Title 37 of the Code of Alabama or affiliates or subsidiaries thereof.
(3) A person soliciting: a. Without the intent to complete or obtain provisional acceptance
of a sale during the telephone solicitation. b. Who does not make the major sales presentation
during the telephone solicitation. c. Without the intent to complete, and...
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2-6-70
Section 2-6-70 Definitions. As used in this article, the following words shall have
the following meanings unless the context clearly requires otherwise: (1) AGRICULTURAL CENTER
BOARD. The board of that name established pursuant to Article 2 of this chapter. (2) AGRICULTURAL
FUND. The fund of that name created and administered pursuant to Article 1, Chapter 9, Title
2. (3) BOARD OF AGRICULTURE AND INDUSTRIES. The Alabama Board of Agriculture and Industries
created pursuant to Section 2-3-1. (4) BUILDING COMMISSION. The Building Commission
created under Article 6, Chapter 9, Title 41, and any successor agency thereto. (5) COLISEUM.
The existing Garrett Coliseum and the grounds and other buildings and structures associated
therewith, all owned by the Agricultural Center Board and located in the City of Montgomery,
Alabama. (6) CORPORATION. The public corporation authorized to be created by this article.
(7) ELIGIBLE INVESTMENTS. (i) Any time deposit with, or any certificate of deposit...
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41-14A-2
Section 41-14A-2 Definitions. As used in this chapter, the following words and terms
shall have the following meanings: (1) AVERAGE MONTHLY BALANCE OF PUBLIC DEPOSITS. The sum
of the average daily balances of public deposits, meaning the net average daily balances of
public deposits determined without any deduction for deposit insurance, for the reported month
and the 11 months preceding that month, divided by 12. (2) BOARD OF DIRECTORS or BOARD. The
Board of Directors of the SAFE Program established under Section 41-14A-6. The board
of directors shall consist of eight members. (3) COLLATERAL-PLEDGING LEVEL or COLLATERAL-PLEDGING
REQUIREMENT. The percentage or percentages of collateral, in relation to one or more levels
of public deposits held, required to be pledged by a qualified public depository as determined
in accordance with the provisions of this chapter or rules or orders of the board adopted
pursuant to this chapter. (4) COVERED PUBLIC ENTITY. The state and its political...
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40-23-1
Section 40-23-1 Definitions; transactions considered or not considered sales. (a) For
the purpose of this division, the following terms shall have the respective meanings ascribed
by this section: (1) PERSON or COMPANY. Used interchangeably, includes any individual,
firm, copartnership, association, corporation, receiver, trustee, or any other group or combination
acting as a unit and the plural as well as the singular number, unless the intention to give
a more limited meaning is disclosed by the context. (2) DEPARTMENT. The Department of Revenue
of the State of Alabama. (3) COMMISSIONER. The Commissioner of Revenue of the State of Alabama.
(4) TAX YEAR or TAXABLE YEAR. The calendar year. (5) SALE or SALES. Installment and credit
sales and the exchange of properties as well as the sale thereof for money, every closed transaction
constituting a sale. Provided, however, a transaction shall not be closed or a sale completed
until the time and place when and where title is transferred by...
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34-27-82
Section 34-27-82 Roles and duties of licensees; written disclosure documents; exceptions;
brokerage agreements. (a) When engaged in any real estate transaction, the licensee may act
as a single agent, sub-agent, a limited consensual dual agent, or as a transaction broker.
(b) At the initial contact between a licensee and the consumer and until such time a broker
enters into a specific written agreement to establish an agency relationship with one or more
of the parties to a transaction, the licensee shall not be considered an agent of that consumer.
An agency relationship shall not be assumed, implied, or created without a written bilateral
agreement establishing the terms of the agency relationship. (c) As soon as reasonably possible
and before any confidential information is disclosed to any other person by a licensee, the
licensee shall provide a written disclosure form to a consumer for signature describing the
alternative types of brokerage services, as identified in subsection...
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