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7-8-102
Section 7-8-102 Definitions. (a) In this article: (1) "Adverse claim" means a claim
that a claimant has a property interest in a financial asset and that it is a violation of
the rights of the claimant for another person to hold, transfer, or deal with the financial
asset. (2) "Bearer form," as applied to a certificated security, means a form in
which the security is payable to the bearer of the security certificate according to its terms
but not by reason of an indorsement. (3) "Broker" means a person defined as a broker
or dealer under the federal securities laws, but without excluding a bank acting in that capacity.
(4) "Certificated security" means a security that is represented by a certificate.
(5) "Clearing corporation" means: (i) a person that is registered as a "clearing
agency" under the federal securities laws; (ii) a federal reserve bank; or (iii) any
other person that provides clearance or settlement services with respect to financial assets
that would require it to...
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11-70A-2
Section 11-70A-2 Initiation and notice of action. (a) Any Class 3 municipality may initiate
an expedited quiet title and foreclosure action under this section against a parcel of tax
sale property located within its municipal limits and purchased by the municipality from the
State Land Commissioner. The municipality shall record, in the office of the judge of probate
in the county in which the property is located, a notice of its intention to file an expedited
quiet title and foreclosure action. The notice shall include a legal description of the property,
street address of the property if available, a statement that the property is subject to expedited
quiet title and foreclosure proceedings under this chapter, and a statement that those proceedings
may extinguish any legal interests in the property. As used herein, "interested parties"
shall mean the owner, his or her heirs or personal representatives, any mortgagee or purchaser
of the subject property or any part thereof, and any...
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43-2-113
Section 43-2-113 Executor de son tort. No person is liable to an action, as executor of his
own wrong, for having taken, received or interfered with the property of a deceased person
but is liable to the executor or administrator for the value of all the property so taken
or received and for all damages caused by his act to the estate of the deceased; but the provisions
of this section must not be construed so as to prevent any creditor from maintaining a civil
action against anyone in possession of property fraudulently transferred by such deceased
person. (Code 1852, §1933; Code 1867, §2292; Code 1876, §2636; Code 1886, §2271; Code
1896, §340; Code 1907, §2801; Code 1923, §6040; Code 1940, T. 61, §117.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-113.htm - 1K - Match Info - Similar pages
11-70-2
Section 11-70-2 Initiation and notice of action. (a) Class 2 municipalities may initiate an
expedited quiet title and foreclosure action under this chapter against a parcel of tax sale
property located within its municipal limits and purchased by the municipality. The municipality
shall record, in the office of the judge of probate in the county in which the property is
located, a notice of its intention to file an expedited quiet title and foreclosure action.
The notice shall include a legal description of the property, street address of the property
if available, a statement that the property is subject to expedited quiet title and foreclosure
proceedings under this chapter, and a statement that those proceedings may extinguish any
legal interests in the property. As used herein, interested parties shall mean the owner,
his or her heirs or personal representatives, any mortgagee or purchaser of the subject property
or any part thereof, and any party with an interest in the property,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-70-2.htm - 2K - Match Info - Similar pages
19-3D-2
Section 19-3D-2 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. DEFINITIONS. In this
chapter the following terms have the following meanings: (1) APPOINTIVE PROPERTY. The property
or property interest subject to a power of appointment. (2) ASCERTAINABLE STANDARD. A standard
relating to an individual's health, education, support, or maintenance within the meaning
of 26 U.S.C. Section 2041(b)(1)(A), as amended, or 26 U.S.C. Section 2514(c)(1), as amended,
and any applicable regulations. (3) AUTHORIZED FIDUCIARY. (A) A trustee or other fiduciary,
other than a settlor, that has the discretion to distribute or direct a trustee to distribute
part or all of the principal of the first trust to one or more current beneficiaries; (B)
a special fiduciary appointed under Section 19-3D-9; or (C) a special-needs fiduciary under
Section 19-3D-13. (4) BENEFICIARY. A person that: (A) has a present or...
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22-22A-9
Section 22-22A-9 Transfer of functions, personnel, equipment, funds, etc., to Department of
Environmental Management. (a) All employees engaged in duties pertaining to the functions
transferred by this chapter to the department, shall be assigned to the department on October
1, 1982, to perform their usual duties, subject to any action that may be appropriate thereafter
in accordance with the laws and rules governing personnel and employees. (b) All files, books,
papers, records, equipment, furniture, motor vehicles, any other tangible property, and any
other asset employed in carrying out the powers, duties and functions transferred by this
chapter to the department shall, on October 1, 1982, be transferred to the department. (c)
All reports, documents, surveys, books, records, files, correspondence, papers or other writings
in the possession of any department, division, bureau, board, commission or other agency,
the functions, powers and duties of which have been transferred to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-22A-9.htm - 4K - Match Info - Similar pages
43-2-350
Section 43-2-350 Time and manner of filing claims - Generally. (a) All claims against the estate
of a decedent, held by the personal representative of the decedent or by an assignee or transferee
of the personal representative, or in which the personal representative has an interest, whether
due or to become due, must be presented within six months after the grant of letters, or within
five months from the date of the first publication of notice, whichever is the later to occur,
provided however, that any creditor entitled to actual notice as prescribed in section 43-2-61
must be allowed thirty days after notice within which to present the claim, by filing the
claims, or statement thereof, verified by affidavit, in the office of the judge of probate,
in all respects as provided by section 43-2-352. All claims not so presented and filed are
forever barred, and the payment or allowance thereof is prohibited. But this subsection shall
not apply to claims of personal representatives to...
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6-5-160.3
Section 6-5-160.3 Standards of proof; remedies; enforcement. (a) A plaintiff is required by
a preponderance of the evidence to establish that a nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
the nuisance. (b) If the existence of a nuisance is found, the judgment may include actual
damages and an injunction to restrain, abate, and prevent the continuance or recurrence of
the nuisance. The court may grant declaratory relief, mandatory orders, or any other relief
deemed necessary to accomplish the purposes of the injunction or order and enforce the judgment
or order. (c) The court may retain jurisdiction of the case for the purpose of enforcing its
orders. (d) If a nuisance is found, the court shall have additional power to fashion any one
or more of the following remedies: (1) Assess damages against the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-160.3.htm - 2K - Match Info - Similar pages
8-9A-4
Section 8-9A-4 Transfers fraudulent as to present and future creditors. (a) A transfer made
by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after
the transfer was made, if the debtor made the transfer with actual intent to hinder, delay,
or defraud any creditor of the debtor. (b) In determining actual intent under subsection (a),
consideration may be given, among other factors, to whether: (1) The transfer was to an insider;
(2) The debtor retained possession or control of the property transferred after the transfer;
(3) The transfer was disclosed or concealed; (4) Before the transfer was made the debtor had
been sued or threatened with suit; (5) The transfer was of substantially all the debtor's
assets; (6) The debtor absconded; (7) The debtor removed or concealed assets; (8) The value
of the consideration received by the debtor was reasonably equivalent to the value of the
asset transferred; (9) The debtor was insolvent or became insolvent...
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10A-5A-8.02
Section 10A-5A-8.02 Death or disqualification of member. (a) In the case of a limited liability
company performing professional services, upon the death of a member, upon a member becoming
a disqualified person, or upon a transferable interest being transferred by operation of law
or court decree to a disqualified person, the transferable interest of the deceased member
or of the disqualified person may be transferred to a qualified person and, if not so transferred,
subject to Section 10A-5A-4.06, shall be purchased by the limited liability company as provided
in this section. (b) If the price of the transferable interest is not fixed by the limited
liability company agreement, the limited liability company, within six months after the death
or 30 days after the disqualification or transfer, as the case may be, shall make a written
offer to pay to the holder of the transferable interest a specified price deemed by the limited
liability company to be the fair value of the transferable...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-5A-8.02.htm - 7K - Match Info - Similar pages
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