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8-9A-2
Section 8-9A-2 Insolvency. (a) A debtor is insolvent if the sum of the debtor's debts is greater
than all of the debtor's assets at a fair valuation. (b) A debtor who is generally not paying
his debts as they become due is presumed to be insolvent. (c) A partnership is insolvent under
subsection (a) if the sum of the partnership's debts is greater than the aggregate, at a fair
valuation, of all of the partnership's assets and the sum of the excess of the value of each
general partner's nonpartnership assets over the partner's nonpartnership debts. (d) Assets
under this section do not include property that has been transferred, concealed, or removed
with intent to hinder, delay, or defraud creditors or that has been transferred in a manner
making the transfer voidable under this chapter. (e) Debts under this section do not include
an obligation to the extent it is secured by a valid lien on property of the debtor not included
as an asset. (Acts 1989, No. 89-793, p. 1585, ยง2.)...
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27-29-3.1
Section 27-29-3.1 Acquisition involving change in control of insurer authorized to do business
in Alabama; pre-acquisition notification; violation of competitive standards. (a) The following
definitions shall apply for the purposes of this section only: (1) ACQUISITION. Any agreement
or arrangement the consummation of which results in a person acquiring directly or indirectly
the control of another person, and includes, but is not limited to, the acquisition of voting
securities, the acquisition of assets, bulk reinsurance, and mergers. (2) INVOLVED INSURER.
Includes an insurer which either acquires or is acquired, is affiliated with an acquirer or
acquired, or is the result of a merger. (b)(1) Except as exempted in subdivision (2), this
section applies to any acquisition in which there is a change in control of an insurer authorized
to do business in this state. (2) This section shall not apply to the following: a. A purchase
of securities solely for investment purposes so long as the...
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13A-8-34
Section 13A-8-34 Contesting identification or ownership of metal property. (a) If the secondary
metals recycler contests the identification or ownership of the metal property, the party
other than the secondary metals recycler claiming ownership of any metal property in the possession
of the secondary metals recycler may, provided that a timely report of the theft of the metal
property was made to the proper authorities, bring an action in the circuit court of the county
in which the secondary metals recycler is located. The petition for the action shall include
a description of the means of identification of the metal property utilized by the petitioner
to determine ownership of the metal property in the possession of the secondary metals recycler.
If the person who sold the metal property to the secondary metals recycler is convicted of
theft of property or criminal mischief related to the removal of the metal property, the court
shall order the defendant to make full restitution to...
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40-17-168.8
Section 40-17-168.8 Discontinuance of licensed business; payment of taxes. (a) A licensee who
discontinues in its entirety the business for which a license was authorized by this article
shall notify the department in writing at least 10 days prior to the time the discontinuance,
sale, or transfer takes effect and shall surrender the license to the department. The notice
shall state the effective date of the discontinuance and, if the licensee has transferred
the business or otherwise relinquished control to another person by sale or other means, the
date of the sale or transfer and the name and address of the person to whom the business is
transferred or relinquished. The notice shall also include any other information required
by the department. (b) All taxes for which the licensee is liable under this article but are
not yet payable shall be due on the date of the discontinuance. If the licensee has transferred
the business to another person and does not give the notice required...
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40-17-338
Section 40-17-338 Discontinuance of business by a licensee. (a) A licensee who discontinues
in its entirety the business for which a license was authorized by this article shall notify
the department in writing at least 10 days prior to the time of the discontinuance, sale,
or transfer takes effect, and shall surrender the license to the department. The notice shall
state the effective date of the discontinuance and, if the licensee has transferred the business
or otherwise relinquished control to another person by sale or other means, the date of the
sale or transfer and the name and address of the person to whom the business is transferred
or relinquished. The notice shall also include any other information required by the department.
(b) All taxes for which the licensee is liable under this article but are not yet payable
shall be due on the date of the discontinuance. If the licensee has transferred the business
to another person and does not give the notice required herein, the...
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40-23-210
Section 40-23-210 Definitions. As used in this article, the term "covered items"
means the following: (1) Articles of clothing with a sales price of one hundred dollars ($100),
or less, per article of clothing. a. "Clothing" means all human wearing apparel
suitable for general use including sandals, shoes, and sneakers. Clothing shall not include:
1. Belt buckles sold separately. 2. Costume masks sold separately. 3. Patches and emblems
sold separately. 4. Sewing equipment and supplies including, but not limited to, knitting
needles, patterns, pins, scissors, sewing machines, sewing needles, tape measures, and thimbles.
5. Sewing materials that become part of "clothing" including, but not limited to,
buttons, fabric, lace, thread, yarn, and zippers. b. In addition, clothing shall not include
clothing accessories or equipment, protective equipment, or sport or recreational equipment;
as defined herein. 1. "Clothing accessories or equipment" means incidental items
worn on the person or in...
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5-26-3
Section 5-26-3 Definitions. For purposes of this chapter, the following definitions shall apply:
(1) DEPOSITORY INSTITUTION. The term "depository institution" has the same meaning
as in Section 3 of the Federal Deposit Insurance Act, and includes any credit union. (2) FEDERAL
BANKING AGENCIES. The term "federal banking agencies" means the Board of Governors
of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office
of Thrift Supervision, the National Credit Union Administration, and the Federal Deposit Insurance
Corporation. (3) IMMEDIATE FAMILY MEMBER. The term "immediate family member" means
a spouse, child, sibling, parent, grandparent, or grandchild. This includes stepparents, stepchildren,
stepsiblings, and adoptive relationships. (4) INDIVIDUAL. The term "individual"
means a natural person. (5) LOAN PROCESSOR OR UNDERWRITER. (a) In General. The term "loan
processor or underwriter" means an individual who performs clerical or support duties
as an...
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7-2A-103
Section 7-2A-103 Definitions and index of definitions. (1) In this article unless the context
otherwise requires: (a) "Buyer in ordinary course of business" means a person who
in good faith and without knowledge that the sale to him or her is in violation of the ownership
rights or security interest or leasehold interest of a third party in the goods, buys in ordinary
course from a person in the business of selling goods of that kind but does not include a
pawnbroker. "Buying" may be for cash or by exchange of other property or on secured
or unsecured credit and includes receiving goods or documents of title under a pre-existing
contract for sale but does not include a transfer in bulk or as security for or in total or
partial satisfaction of a money debt. (b) "Cancellation" occurs when either party
puts an end to the lease contract for default by the other party. (c) "Commercial unit"
means such a unit of goods as by commercial usage is a single whole for purposes of lease
and...
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8-1A-16
Section 8-1A-16 Transferable records. (a) In this section, "transferable record"
means an electronic record that meets the following criteria: (1) Would be a note under Article
3 of the Uniform Commercial Code or a document under Article 7 of the Uniform Commercial Code
if the electronic record were in writing. (2) The issuer of the electronic record expressly
has agreed is a transferable record. (b) A person has control of a transferable record if
a system employed for evidencing the transfer of interests in the transferable record reliably
establishes that person as the person to which the transferable record was issued or transferred.
(c) A system satisfies subsection (b), and a person is deemed to have control of a transferable
record, if the transferable record is created, stored, and assigned in such a manner that
all of the following occur: (1) A single authoritative copy of the transferable record exists
which is unique, identifiable, and, except as otherwise provided in...
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10A-8A-6.01
Section 10A-8A-6.01 Events causing partner's dissociation. A person is dissociated from a partnership
as a partner upon the occurrence of any of the following events: (1) the partnership has notice
of the person's express will to dissociate as a partner, except that if the person specifies
a dissociation date later than the date the partnership had notice, then the person is dissociated
as a partner on that later date; (2) an event stated in the partnership agreement as causing
the person's dissociation as a partner occurs; (3) the person is expelled as a partner pursuant
to the partnership agreement; (4) the person is expelled as a partner by the unanimous consent
of the other partners if: (A) it is unlawful to carry on the partnership's business or not
for profit activity with the person as a partner; (B) there has been a transfer of all of
the person's transferable interest in the partnership, other than a transfer for security
purposes; (C) the person is an organization and, within...
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