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8-7A-19
Section 8-7A-19 Civil penalties. (a) The commission may assess a civil penalty against a person
that violates this chapter or a rule adopted or an order issued under this chapter in an amount
not to exceed one thousand dollars ($1,000) per day for each day the violation is outstanding.
(b) In addition to the assessment in subsection (a), the commission may assess a charge for
the actual cost of any investigation resulting from any violation of this chapter, a violation
of any rule or order issued under this chapter, or the cost of any examination made by the
commission pursuant to this chapter, to the person or persons subject to such investigation
or examination. All assessments collected under this subsection shall be deposited in the
Alabama Securities Commission Fund in the State Treasury to be drawn upon by the commission
for its use in administration of this chapter. (Act 2017-389, §2.)...
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8-6-21
Section 8-6-21 Commission authorized to swear out warrants of arrest; liability of commission
for warrant. The Securities Commission is authorized and empowered to swear out warrants of
arrest against any person violating the criminal provisions of this article, and it shall
not be liable in damages or to an action for damages by reason of swearing out warrants or
for causing the arrest and detention or imprisonment of any person or persons under such warrant
or warrants. (Acts 1959, No. 542, p. 1318, §20; Acts 1990, No. 90-527, p. 772, §1.)...
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9-16-95
Section 9-16-95 Citizens' actions; attorneys, etc., fees allowed as damages. (a) Except as
provided in subsection (b) of this section, any person having an interest which is or may
be adversely affected, (or any citizen of this state having knowledge that any of the provisions
of this article are willfully or deliberately not being enforced and who files a statement
with the regulatory authority in writing and under oath with facts set forth specifically
stating the nature of the failure to enforce the provisions of this article), may commence
a civil action on his own behalf to compel compliance with this article: (1) Against any other
governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to
the Constitution of the United States which is alleged to be in violation of the provisions
of this article or of any rule, regulation, order or permit issued pursuant thereto, or against
any other person who is alleged to be in violation of any rule, regulation,...
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9-17-108
Section 9-17-108 Directive order of discontinuance; appeal; injunction; hearings by board;
imposition of penalties. (a) Due to the inherent nature of liquefied petroleum gas which could
cause a danger to the public or to a liquefied petroleum gas user, the board or the board
administrator shall have the administrative authority to issue a written directive order requiring
any person who violates any of the provisions of this article as amended from time to time
or any rule or regulation promulgated by the board to discontinue the operation of any LP-gas
business or LP-gas system immediately and prohibit such person from commencing operations
until said violations have been corrected. When a written directive is issued by the board
or the board administrator, it shall be immediately complied with by the recipient. When a
directive order has been issued against a person, the recipient may, within five days, appeal
to the circuit court of the county in which the said violations occurred....
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13A-6-157.1
Section 13A-6-157.1 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR
SESSION, EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) In addition
to any other remedy under this article, if the Attorney General has reason to believe that
any person, corporation, or any other legal entity is engaging in, has engaged in, or is about
to engage in any act or practice declared to be unlawful by this article, the Attorney General
may bring an action in the name of the state in the appropriate state court against the person,
corporation, or entity to restrain by temporary restraining order, or temporary or permanent
injunction, the acts or practices. (b) In addition to any other remedy under this article,
the Attorney General may bring a civil action on behalf of the state in the appropriate state
court to recover actual damages for victims of acts or practices performed in violation of
this article. (c) Venue for any action brought under this section is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-157.1.htm - 1K - Match Info - Similar pages
20-1-144
Section 20-1-144 Violation of article; enforcement. (a) A person who produces milk, milk products,
or frozen dessert in a producing plant and sells or offers for sale, consigns or offers for
consignment, or offers for remuneration of milk, milk products, frozen desserts, or single-service
container or closure without first obtaining the required permit or violates a rule or order
issued pursuant to this article shall be guilty of a Class A misdemeanor. (b) The State Board
of Health shall institute a civil action in any circuit court in the State of Alabama to enforce
the provisions of this article. Any person who operates without a valid permit may be enjoined
from the operation by the circuit court without prior resort to criminal remedies. (Acts 1993,
No. 93-718, p. 1403, §5.)...
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5-25-4
Section 5-25-4 License to transact business as a mortgage broker. (a) On and after January
1, 2002, no person shall transact business in this state directly or indirectly as a mortgage
broker unless he or she is licensed as a mortgage broker by the department, or is a person
exempted from the licensing requirements pursuant to Section 5-25-3. (b) A licensee shall
obtain a license for each location where the business of the mortgage broker is transacted.
(c) On or after January 1, 2002, every person who directly or indirectly controls a person
who violates subsection (a), including a general partner, executive officer, joint venturer,
or director of the person, violates subsection (a) with and to the same extent as the person,
unless the person whose violation arises under this subsection sustains the burden of proof
that he or she did not know and, in the exercise of reasonable care, could not have known
of the existence of the facts by reason of which the original violation is alleged...
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5-19-29
Section 5-19-29 Injunctions. (a) The administrator may bring an action to restrain a creditor
or a person acting in his behalf from engaging in any business subject to licensing under
subsection (a) of Section 5-19-22 without first obtaining a license therefor as provided in
Section 5-19-22 and a licensee or any person acting in his behalf from engaging in violations
of this chapter or engaging in a course of fraudulent or unconscionable conduct in inducing
debtors to enter credit transactions or in the collection of debts. (b) With respect to an
action brought to enjoin violations of the chapter or fraudulent or unconscionable conduct,
the administrator may apply to the court for appropriate temporary relief against a defendant,
pending final determination of the proceedings. If the court finds, after a hearing held upon
notice to the defendant, that there is reasonable cause to believe that the defendant is engaging
in or is likely to engage in conduct which violates this chapter or...
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6-6-590
Section 6-6-590 Right of action and venue - Vacating charter or annulling existence of corporation.
(a) An action may be commenced under this article, in the name of the state, against the offending
corporation, on the information of any person for the purpose of vacating the charter or annulling
the existence of any corporation, other than municipal, whenever such corporation: (1) Offends
against any of the acts creating, altering, or renewing such corporation; (2) Violates the
provisions of any law, by which such corporation forfeits its charter, by abuse of its powers;
(3) Has forfeited its privileges or franchises by failure to exercise its powers; (4) Has
done or omitted any act which amounts to a surrender of its corporate rights, privileges,
and franchises; or (5) Exercises a franchise or privilege not conferred on it by law. (b)
The judge of the circuit court, whenever he believes that any of the acts or omissions specified
in subsection (a) of this section can be proved and it...
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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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