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27-17A-18
Section 27-17A-18 Preneed sales agent. (a) All individuals who offer preneed contracts to the
public, or who execute preneed contracts on behalf of a certificate holder, shall be registered
with the commissioner as preneed sales agents, pursuant to this article. (b) All preneed sales
agents and funeral directors acting as preneed sales agents shall be affiliated with the certificate
holder that they are representing. (c) A certificate holder shall be responsible for the activities
of all preneed sales agents and all funeral directors acting as preneed sales agents, who
are affiliated with the certificate holder and who perform any type of preneed-related activity
on behalf of the certificate holder. In addition to the preneed sales agents and funeral directors
acting as preneed sales agents, each certificate holder shall also be subject to discipline
if its preneed sales agents or funeral directors acting as preneed sales agents violate any
provision of this article. (d) A preneed...
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27-17A-2
Section 27-17A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ALTERNATIVE CONTAINER. A nonmetal receptacle or enclosure, without ornamentation
or a fixed interior lining, which is designed for the encasement of human remains and which
is made of cardboard, pressed-wood, composition materials (with or without an outside covering),
or pouches of canvas or other materials. (2) ARRANGEMENT CONFERENCE. The meeting occurring
either at need or preneed between the seller and the purchaser during which funeral or cemetery
merchandise and services are discussed. (3) ARRANGEMENT CONFERENCE FEE. The charge to the
purchaser in conjunction with the arrangement conference. (4) AT NEED. At the time of death,
or immediately following death. (5) AUTHORIZING AGENT. One who is lawfully authorized to control
the final disposition of human remains. (6) BELOW-GROUND CRYPT. A preplaced enclosed chamber,
which is usually constructed of reinforced concrete,...
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34-13-56
Section 34-13-56 Grounds for revocation, suspension, or refusal to issue or renew licenses,
etc.; hearing; fines. (a) The board may refuse to license any person or establishment for
violation of this chapter. If the board refuses to issue, grant, or renew a license based
on a violation of this chapter, including, but not limited to, violations listed in subsection
(c), the licensee or prospective licensee may request a public hearing before the board to
appeal the action of the board. The request for a public hearing shall be submitted to the
board in writing within 14 calendar days after the date of the refusal. Upon request, the
board shall provide the licensee or prospective licensee with 20 days' notice of the public
hearing by United States certified mail. The public hearing shall be conducted pursuant to
Section 34-13-26. (b) A public hearing conducted pursuant to Section 34-13-26 shall be provided
by the board to any licensee for whom the board is considering the probation,...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-6-2.htm - 11K - Match Info - Similar pages
40-29-22
Section 40-29-22 Lien for taxes - Validity and priority against certain persons. (a) Purchasers,
holders of security interests, mechanic's lienors, and judgment lien creditors. The lien imposed
by Section 40-29-20 shall not be valid as against any purchaser, holder of a security interest,
mechanic's lienor, or judgment lien creditor until notice thereof which meets the requirements
of subsection (f) has been filed by the Commissioner of Revenue or his delegate, and shall
not be perfected as against any purchaser, holder of a security interest, mechanic's lienor,
or judgment lien creditor until the date such notice is filed. (b) Protection for certain
interest even though notice filed. Even though notice of a lien imposed by Section 40-29-20
has been filed, such lien shall not be valid: (1) SECURITIES. With respect to a security (as
defined in subsection (g)(4)): a. As against a purchaser of such security who at the time
of purchase did not have actual notice or knowledge of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-29-22.htm - 17K - Match Info - Similar pages
41-16-123
Section 41-16-123 Provisions applicable to certain property held by division. This section
shall apply only to that property that has been held by the division for a period of not less
than 60 days from the date the property is first published in the list of surplus property,
as set out in subsection (b) of Section 41-16-121, and not purchased by any eligible entity
as set out in subsection (e) of Section 41-16-120 as follows: (1) All contracts made by or
on behalf of the State of Alabama or a department, board, bureau, commission, institution,
corporation, or agency thereof, of whatever nature for the sale or disposal of tangible personal
property owned by the State of Alabama, other than the following: a. Alcoholic beverages.
b. Products of the Alabama Institute for Deaf and Blind. c. Barter arrangements of the state
prison system. d. Books. e. School supplies. f. Food. g. Property used in vocational projects.
h. Livestock. i. Property owned by any state college or university,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-16-123.htm - 9K - Match Info - Similar pages
27-17A-33
Section 27-17A-33 Rights of purchaser; cancellation of contract; revocability. (a) A purchaser,
by providing written notice to the certificate holder, may cancel a preneed contract within
30 days of the date that the contract was executed provided that the funeral merchandise and
funeral services have not yet been used. Upon providing the notice, the purchaser shall be
entitled to a complete refund of the amount paid, except for the amount allocable to any funeral
merchandise or funeral services that have been used, and shall be released from all obligations
under the contract. This subsection shall apply to all items that are purchased as part of
a preneed contract. (b) After 30 days from the date the preneed contract was executed, a purchaser,
by providing written notice to the certificate holder, may cancel the funeral services, funeral
merchandise, facilities, and cash advance items portions of a preneed contract at any time,
and shall be entitled to the refund defined in the...
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27-17A-34
Section 27-17A-34 Disbursement of funds. (a) Disbursement of funds discharging any preneed
contract for funeral services or funeral merchandise fulfilled after May 1, 2002, shall be
made by the trustee to the certificate holder upon receipt by the trustee of a certification
of the certificate holder that the preneed contract has been performed in whole or in part
or the preneed contract has been cancelled. Before the trustee may disburse any trust funds,
the certificate holder shall provide to the trustee a death certificate or other valid proof
of death, a letter from the preneed contract holder cancelling the preneed contract or valid
proof the contract has been cancelled in accordance with Section 27-17A-33, or valid proof
the merchandise has been delivered and installed, and services have been performed. Any trustee
accepting preneed contract proceeds under this article may rely upon the certification of
the certificate holder accompanied by the required proof, and shall not be...
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27-17A-16
Section 27-17A-16 Inactive certificate holder; surrender of license. (a) A certificate holder
shall be considered inactive upon the acceptance of the surrender of its license by the commissioner
or upon the nonreceipt by the commissioner of the certificate of authority renewal application
and fees. (b) A certificate holder shall cease all preneed sales to the public upon becoming
inactive. The certificate holder shall collect and deposit into trust all of the funds paid
toward preneed contracts sold prior to becoming inactive. (c) Any certificate holder desiring
to surrender its license to the commissioner shall first do all of the following: (1) File
notice with the commissioner. (2) Submit copies of its existing trust agreements. (3) Submit
a sample copy of each type of preneed contract sold. (4) Resolve to the commissioner's satisfaction
all findings and violations resulting from the last examination conducted. (5) Pay all outstanding
fines and invoices due the commissioner. (6)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-16.htm - 2K - Match Info - Similar pages
27-17A-11.1
Section 27-17A-11.1 Report of preneed contract activity; written logs. (a) On a semi-annual
basis, within 45 days after the end of each second calendar reporting period, the certificate
holder shall file a report of its preneed contract activity on a form or in a format prescribed
by the commissioner. The information reported shall include the total number of preneed contracts
in force at the end of the previous reporting period, the total number of preneed contracts
sold during the reporting period, the total number of preneed contracts fulfilled during the
reporting period, the total number of preneed contracts in force at the end of the reporting
period, and such other information as may be required by the commissioner. The report shall
be organized by type of funding including, life insurance, trust, letter of credit, or surety
bond. The report shall also provide a certification by the trustee of the amount of assets
held by the trust at the beginning of the reporting period and at...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-11.1.htm - 2K - Match Info - Similar pages
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