Code of Alabama

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7-3-302
Section 7-3-302 Holder in due course. (a) Subject to subsection (c) and Section 7-3-106(d),
"holder in due course" means the holder of an instrument if: (1) The instrument
when issued or negotiated to the holder does not bear such apparent evidence of forgery or
alteration or is not otherwise so irregular or incomplete as to call into question its authenticity;
and (2) The holder took the instrument (i) for value, (ii) in good faith, (iii) without notice
that the instrument is overdue or has been dishonored or that there is an uncured default
with respect to payment of another instrument issued as part of the same series, (iv) without
notice that the instrument contains an unauthorized signature or has been altered, (v) without
notice of any claim to the instrument described in Section 7-3-306, and (vi) without notice
that any party has a defense or claim in recoupment described in Section 7-3-305(a). (b) Notice
of discharge of a party, other than discharge in an insolvency proceeding,...
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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...
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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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7-9A-102
Section 7-9A-102 Definitions and index of definitions. (a) Article 9A definitions. In this
article: (1) "Accession" means goods that are physically united with other goods
in such a manner that the identity of the original goods is not lost. (2) "Account,"
except as used in "account for," means a right to payment of a monetary obligation,
whether or not earned by performance, (i) for property that has been or is to be sold, leased,
licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered,
(iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred
or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of
a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge
card or information contained on or for use with the card, or (viii) as winnings in a lottery
or other game of chance operated or sponsored by a State, governmental unit of a State, or...

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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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7-9A-331
Section 7-9A-331 Priority of rights of purchasers of instruments, documents, and securities
under other articles; priority of interests in financial assets and security entitlements
under Article 8. (a) Rights under Articles 3, 7, and 8 not limited. This article does not
limit the rights of a holder in due course of a negotiable instrument, a holder to which a
negotiable document of title has been duly negotiated, or a protected purchaser of a security.
These holders or purchasers take priority over an earlier security interest, even if perfected,
to the extent provided in Articles 3, 7, and 8. (b) Protection under Article 8. This article
does not limit the rights of or impose liability on a person to the extent that the person
is protected against the assertion of a claim under Article 8. (c) Filing not notice. Filing
under this article does not constitute notice of a claim or defense to the holders, or purchasers,
or persons described in subsections (a) and (b). (Act 2001-481, p....
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7-9A-403
Section 7-9A-403 Agreement not to assert defenses against assignee. (a) "Value."
In this section, "value" has the meaning provided in Section 7-3-303(a). (b) Agreement
not to assert claim or defense. Except as otherwise provided in this section, an agreement
between an account debtor and an assignor not to assert against an assignee any claim or defense
that the account debtor may have against the assignor is enforceable by an assignee that takes
an assignment: (1) for value; (2) in good faith; (3) without notice of a claim of a property
or possessory right to the property assigned; and (4) without notice of a defense or claim
in recoupment of the type that may be asserted against a person entitled to enforce a negotiable
instrument under Section 7-3-305(a). (c) When subsection (b) not applicable. Subsection (b)
does not apply to defenses of a type that may be asserted against a holder in due course of
a negotiable instrument under Section 7-3-305(b). (d) Omission of required statement...
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7-7-501
Section 7-7-501 Form of negotiation and requirements of due negotiation. (a) The following
rules apply to a negotiable tangible document of title: (1) If the document's original terms
run to the order of a named person, the document is negotiated by the named person's indorsement
and delivery. After the named person's indorsement in blank or to bearer, any person may negotiate
the document by delivery alone. (2) If the document's original terms run to bearer, it is
negotiated by delivery alone. (3) If the document's original terms run to the order of a named
person and it is delivered to the named person, the effect is the same as if the document
had been negotiated. (4) Negotiation of the document after it has been indorsed to a named
person requires indorsement by the named person and delivery. (5) A document is duly negotiated
if it is negotiated in the manner stated in this subsection to a holder that purchases it
in good faith, without notice of any defense against or claim to it...
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7-4-104
Section 7-4-104 Definitions and index of definitions. (a) In this article, unless the context
otherwise requires: (1) "Account" means any deposit or credit account with a bank,
including a demand, time, savings, passbook, share draft, or like account, other than an account
evidenced by a certificate of deposit; (2) "Afternoon" means the period of a day
between noon and midnight; (3) "Banking day" means the part of a day on which a
bank is open to the public for carrying on substantially all of its banking functions; (4)
"Clearing house" means an association of banks or other payors regularly clearing
items; (5) "Customer" means a person having an account with a bank or for whom a
bank has agreed to collect items, including a bank that maintains an account at another bank;
(6) "Documentary draft" means a draft to be presented for acceptance or payment
if specified documents, certificated securities (Section 7-8-102) or instructions for uncertificated
securities (Section 7-8-308), or...
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35-8A-316
Section 35-8A-316 Lien for assessments. (a) The association has a lien on a unit for any assessment
and any other moneys due the association for special assessments or services or charges, such
as water or repairs, levied against that unit or fines imposed against its unit owner from
the time the assessment or fine becomes due. The association's lien may be foreclosed in like
manner as a mortgage on real estate provided the declaration is in conformity with Article
1A of Chapter 10 of this title and subject to the rights under Article 14A of Chapter 5 of
Title 6. The association shall send reasonable advance notice of its proposed action to the
unit owner and all lienholders of record of the unit. Unless the declaration otherwise provides,
fees, charges, late charges, fines, and interest charged pursuant to Section 35-8A-302(a)(10),
(11), and (12) are enforceable as assessments under this section. If an assessment is payable
in installments, the full amount of the assessment is a lien...
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