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6-11-55
Section 6-11-55 Application for approval of transfer; notice. (a) An application under this
article for approval of a transfer of structured settlement payment rights shall be made by
the transferee and may be brought in the county in which the payee resides, in the county
in which the structured settlement obligor or the annuity issuer maintains its principal place
of business, or in any court or before any responsible administrative authority which approved
the structured settlement agreement. (b) Not less than 20 days prior to the scheduled hearing
on any application for approval of a transfer of structured settlement payment rights under
Section 6-11-53, the transferee shall file with the court or responsible administrative authority
a notice of the proposed transfer and the application for its authorization. Such notice and
application shall include all of the following: (1) A copy of the transferee's application.
(2) A copy of the transfer agreement. (3) A copy of the disclosure...
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6-11-53
Section 6-11-53 Advanced approval by court required; hearing. No direct or indirect transfer
of structured settlement payment rights shall be effective and no structured settlement obligor
or annuity issuer shall be required to make any payment directly or indirectly to any transferee
of structured settlement payment rights unless the transfer has been approved in advance in
a final court order or order of a responsible administrative authority based on express findings
by the court or responsible administrative authority, determined after a factual hearing,
of all of the following: (1) The transfer is in the best interest of the payee, taking into
account the welfare and support of the payee's dependents. (2) The payee has been advised
in writing by the transferee to seek independent professional advice regarding the transfer
and has either received such advice or knowingly waived such advice in writing. (3) The transfer
does not contravene any applicable statute or the order of any...
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6-11-51
Section 6-11-51 Definitions. As used in this article the following words and terms shall have
the following meanings: (1) ANNUITY ISSUER. An insurer that has issued a contract to fund
periodic payments under a structured settlement. (2) DEPENDENTS. A payee's spouse and minor
children and all other persons for whom the payee is legally obligated to provide support,
including alimony. (3) DISCOUNTED PRESENT VALUE. The present value of future payments determined
by discounting the payments to the present using the most recently published applicable federal
rate for determining the present value of an annuity, as issued by the United States Internal
Revenue Service. (4) GROSS ADVANCE AMOUNT. The sum payable to the payee or for the payee's
account as consideration for a transfer of structured settlement payment rights before any
reductions for transfer expenses or other deductions to be made from the consideration. (5)
INDEPENDENT PROFESSIONAL ADVICE. Advice of an attorney, certified public...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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33-18-1
Section 33-18-1 Alabama-Coosa-Tallapoosa River Basin Compact. The State of Alabama hereby agrees
to the following interstate compact known as the Alabama-Coosa-Tallapoosa River Basin Compact:
Alabama-Coosa-Tallapoosa River Basin Compact The States of Alabama and Georgia and the United
States of America hereby agree to the following compact which shall become effective upon
enactment of concurrent legislation by each respective state legislature and the Congress
of the United States. Short Title This act shall be known and may be cited as the "Alabama-Coosa-Tallapoosa
River Basin Compact" and shall be referred to hereafter in this document as the "ACT
Compact" or "compact." Article I Compact Purposes This compact among the States
of Alabama and Georgia and the United States of America has been entered into for the purposes
of promoting interstate comity, removing causes of present and future controversies, equitably
apportioning the surface waters of the ACT, engaging in water planning,...
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33-19-1
Section 33-19-1 Apalachicola-Chattahoochee-Flint River Basin Compact. The State of Alabama
hereby agrees to the following interstate compact known as the Apalachicola-Chattahoochee-Flint
River Basin Compact: Apalachicola-Chattahoochee-Flint River Basin Compact The States of Alabama,
Florida and Georgia and the United States of America hereby agree to the following compact
which shall become effective upon enactment of concurrent legislation by each respective state
legislature and the Congress of the United States. Short Title This Act shall be known and
may be cited as the "Apalachicola-Chattahoochee-Flint River Basin Compact" and shall
be referred to hereafter in this document as the "ACF Compact" or "compact."
Article I Compact Purposes This compact among the States of Alabama, Florida and Georgia and
the United States of America has been entered into for the purposes of promoting interstate
comity, removing causes of present and future controversies, equitably apportioning the...
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16-44B-1
Section 16-44B-1 Compact. ARTICLE I PURPOSE It is the purpose of this compact to remove barriers
to education success imposed on children of military families because of frequent moves and
deployment of their parents by: A. Facilitating the timely enrollment of children of military
families and ensuring that they are not placed at a disadvantage due to difficulty in the
transfer of education records from the previous school district(s) or variations in entrance/age
requirements. B. Facilitating the student placement process through which children of military
families are not disadvantaged by variations in attendance requirements, scheduling, sequencing,
grading, course content or assessment. C. Facilitating the qualification and eligibility for
enrollment, educational programs, and participation in extracurricular academic, athletic,
and social activities. D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of...
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6-11-56
Section 6-11-56 Waiver; choice of law; procedures for life-contingent rights; liability. (a)
The provisions of this article may not be waived by any payee. (b) Any transfer agreement
entered into on or after July 1, 2006, by a payee who resides in this state shall provide
that disputes under the transfer agreement, including any claim that the payee has breached
the agreement, shall be determined in and under the laws of this state. Such a transfer agreement
shall not authorize the transferee or any other party to confess judgment or consent to entry
of judgment against the payee. (c) No transfer of structured settlement payment rights shall
extend to any payments that are life-contingent unless, prior to the date on which the payee
signs the transfer agreement, the transferee has established and has agreed to maintain procedures
reasonably satisfactory to the annuity issuer and the structured settlement obligor for (1)
periodically confirming the payee's survival, and (2) giving the...
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6-11-54
Section 6-11-54 Effects of transfer of rights. (a) Following a transfer of structured settlement
payment rights under this article: (1) The structured settlement obligor and the annuity issuer
shall, as to all parties except the transferee, be discharged and released from any and all
liability for the transferred payments. (2) The transferee shall be liable to the structured
settlement obligor and the annuity issuer in the following cases: a. If the transfer contravenes
the terms of the structured settlement, for any federal or state income taxes, interest, fees,
and penalties incurred by the parties, including the annuity issuer and structured settlement
obligor, as a consequence of the transfer. b. For any other liabilities or costs, including
reasonable costs and attorneys' fees, arising from compliance by the parties with the order
of the court or responsible administrative authority or arising as a consequence of the transferee's
failure to comply with this article. (b) Neither...
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6-11-52
Section 6-11-52 Disclosure statement. Not less than three days prior to the date on which a
payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure
statement, in bold type no smaller than 14 points, setting forth all of the following: (1)
The amounts and due dates of the structured settlement payments to be transferred. (2) The
aggregate amount of the payments. (3) The discounted present value of the payments to be transferred,
which shall be identified as the "calculation of current value of the transferred structured
settlement payments under federal standards for valuing annuities," and the amount of
the applicable federal rate used in calculating the discounted present value. (4) The gross
advance amount. (5) An itemized listing of all applicable transfer expenses, other than attorneys'
fees and related disbursements payable in connection with the transferee's application for
approval of the transfer, and the transferee's best estimate of...
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