Code of Alabama

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8-6-14
Section 8-6-14 Filing or registration not finding of truth, completeness, etc., of documents;
representations concerning effect of registration or exemption. (a) Neither the fact that
an application for registration under Section 8-6-3 or a registration statement under
Sections 8-6-5, 8-6-6 or 8-6-7 has been filed, nor the fact that a person or security is effectively
registered constitutes a finding by the Securities Commission that any document filed under
this article is true, complete, and not misleading. (b) Neither any such fact nor the fact
that an exemption or exception is available for a security or a transaction means that the
Securities Commission has passed in any way upon the merits or qualifications of or recommended
or given approval to any person, security, or transaction. (c) It is unlawful to make, or
cause to be made, to any prospective purchaser, customer, or client any representation inconsistent
with this section. (Acts 1959, No. 542, p. 1318, ยง14; Acts 1990, No....
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8-6-15
Section 8-6-15 Investigations and subpoenas by commission. (a) The Securities Commission,
in its discretion, may: (1) Make such public or private investigations within or outside of
this state as he deems necessary to determine whether any registration in the sale of securities
should be granted, denied, or revoked, whether any person has violated or is about to violate
any provision of this article or any rule or order hereunder, to aid in the enforcement of
this article or in the prescribing of rules and forms hereunder; (2) Require or permit any
person to file a statement in writing, under oath, or otherwise as the commission may determine,
as to all the facts and circumstances concerning the matter to be investigated; and (3) Publish
information concerning any violation of this article or any rule or order hereunder. (b) For
the purpose of any investigation or proceeding under this article, the Securities Commission
or any officer designated by it may administer oaths and...
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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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40-23-199.2
Section 40-23-199.2 Marketplace facilitators. (a) For the purpose of this Act 2018-539,
the following terms shall have the respective meanings ascribed to them: (1) DEPARTMENT. The
Alabama Department of Revenue. (2) MARKETPLACE FACILITATOR. A person that contracts with marketplace
sellers to facilitate for a consideration, regardless of whether deducted as fees from the
transaction, the sale of the marketplace seller's products through a physical or electronic
marketplace operated by a person, and engages: a. Either directly or indirectly, through one
or more affiliated persons in any of the following: 1. Transmitting or otherwise communicating
the offer or acceptance between the purchaser and marketplace seller; 2. Owning or operating
the infrastructure, electronic or physical, or technology that brings purchasers and marketplace
sellers together; 3. Providing a virtual currency that purchasers are allowed or required
to use to purchase products from the marketplace seller; or 4....
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41-4-16
Section 41-4-16 Consent of department prerequisite to issuance of securities by state
commissions, authorities, etc.; exceptions. No bonds or other evidences of indebtedness of
any commission or authority created to construct or reconstruct highway bridges, approaches
and appurtenances thereto, any state rural electrification authority, any electric membership
corporation, any power district, or any improvement authority shall be issued or sold until
the consent to the issuance and sale thereof shall have been given by the Department of Finance,
to be evidenced by the written approval of the Director of Finance. Such consent shall be
granted only after a public hearing and after a petition requesting such consent has been
duly filed by the corporation, authority, district, commission, or other body seeking such
consent with the department more than five days before the public hearing. The petition shall
specify the plan or program of the body seeking the consent and the uses to which...
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8-22-12
Section 8-22-12 Applicability of chapter generally. (a) The provisions of the Motor
Fuel Marketing Act shall not apply to a sale at wholesale or a sale at retail made (1) In
an isolated transaction and not in the usual course of business; (2) Where motor fuels are
advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing
trade in such motor fuel, and said advertising, offer to sell, or sale shall state the reason
thereafter and the quantity of such motor fuel advertised, offered for sale, or to be sold;
(3) Where motor fuel is advertised, offered for sale, or sold as imperfect or damaged, and
said advertising, offer of sale or sale shall state the reason therefor and the quantity of
such motor fuel advertised, offered for sale, or to be sold; (4) Where motor fuel is sold
upon the final liquidation of a business; or (5) Where motor fuel is advertised, offered for
sale, or sold by any fiduciary or other officer under the order or direction of...
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8-7A-4
Section 8-7A-4 Exemptions from licensing. Sections 8-7A-5 to 8-7A-15, inclusive, shall
not apply to any of the following persons: (1) A person that provides clearance or settlement
services pursuant to a registration as a clearing agency or an exemption from such registration
granted under the federal securities laws. (2) An operator of a payment system to the extent
that it provides processing, clearing, or settlement services, between or among persons excluded
by this section, in connection with wire transfers, credit card transactions, debit
card transactions, stored-value transactions, automated clearing house transfers, or similar
funds transfers. (3) A person registered as a securities broker-dealer under federal or state
securities laws to the extent of its operation as such a broker-dealer. (4) Any person collecting,
forwarding, or submitting payments to the state, a state agency, board, or commission, a quasi-governmental
agency, or to persons in state custody, provided the...
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35-12-80
Section 35-12-80 Public sale of abandoned property. (a) Except as otherwise provided
in this section, the Treasurer, within three years after the receipt of abandoned property,
shall sell it to the highest bidder at public sale. The Treasurer may decline the highest
bid and reoffer the property for sale if the Treasurer considers the bid to be insufficient.
The Treasurer need not offer the property for sale, if the Treasurer considers that the probable
cost of sale will exceed the proceeds of the sale. A sale held under this section shall
be preceded by a single publication of notice, at least three weeks before sale, in a newspaper
of general circulation in the county in which the property is to be sold. (b) Securities listed
on an established stock exchange must be sold at prices prevailing on the exchange at the
time of sale. Other securities may be sold over the counter at prices prevailing at the time
of sale or by any reasonable method selected by the Treasurer. All securities...
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11-101A-11
Section 11-101A-11 Sale of securities. Securities of an authority may be executed and
delivered by it at any time and from time to time, shall be in such form and denominations
and of such tenor and maturity or maturities not exceeding 40 years from their date, shall
bear such rate or rates of interest, which may be fixed or which may float or vary based on
some index or other standard deemed appropriate by the board, shall be payable and evidenced
in such manner, may contain provisions for redemption prior to maturity and may contain other
provisions not inconsistent with this chapter, all as may be provided by the resolution of
the board authorizing the same or by the indenture under which those securities are authorized
to be issued. Any borrowing may be effected by the issuance and sale of securities at either
public or private sale in such manner, at such price or prices, at such time or times, and
on such other terms and conditions as may be determined by the board to be most...
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22-21-324
Section 22-21-324 Use of proceeds. (a) The principal proceeds derived from any borrowing
made by an authority shall be used solely for the purpose or purposes for which such borrowing
was authorized to be made. If any securities are issued for the purpose of financing costs
of acquiring, constructing, improving, enlarging and equipping health care facilities, such
costs shall be deemed to include the following: (1) The cost of any land forming a part of
such health care facilities; (2) The cost of the labor, materials and supplies used in any
such construction, improvement or enlargement, including architectural and engineering fees
and the cost of preparing contract documents advertising for bids; (3) The purchase price
of, and the cost of installing, equipment for such health care facilities; (4) The cost of
landscaping the lands forming a part of such health care facilities and of constructing and
installing roads, sidewalks, curbs, gutters, utilities and parking places in...
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