7-9A-203
is not necessary to make a security interest in the property enforceable. (f) Proceeds and
supporting obligations. The attachment of a security interest in collateral gives the secured
party the rights to proceeds provided by Section 7-9A-315 and is also attachment of a security
interest in a supporting obligation for the collateral. (g) Lien securing right to payment.
The attachment of a security interest in a right to payment or performance secured by a security
interest or other lien on personal or real property is also attachment of a security
interest in the security interest, mortgage, or other lien. (h) Security entitlement carried
in securities account. The attachment of a security interest in a securities account is also
attachment of a security interest in the security entitlements carried in the securities account.
(i) Commodity contracts carried in commodity account. The attachment of a security interest
in a commodity account is also attachment of a security interest in...
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7-9A-102
term includes: (A) proceeds to which a security interest attaches; (B) accounts, chattel paper,
payment intangibles, and promissory notes that have been sold; and (C) goods that are the
subject of a consignment. (13) "Commercial tort claim" means a claim arising in
tort with respect to which: (A) the claimant is an organization; or (B) the claimant is an
individual and the claim: (i) arose in the course of the claimant's business or profession;
and (ii) does not include damages arising out of personal injury to or the death
of an individual. (14) "Commodity account" means an account maintained by a commodity
intermediary in which a commodity contract is carried for a commodity customer. (15) "Commodity
contract" means a commodity futures contract, an option on a commodity futures contract,
a commodity option, or another contract if the contract or option is: (A) traded on or subject
to the rules of a board of trade that has been designated as a contract market for such a
contract...
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7-9A-316
Section 7-9A-316 Effect of change in governing law. (a) General rule: Effect on perfection
of change in governing law. A security interest perfected pursuant to the law of the jurisdiction
designated in Section 7-9A-301(1) or 7-9A-305(c) remains perfected until the earliest of:
(1) the time perfection would have ceased under the law of that jurisdiction; (2) the expiration
of four months after a change of the debtor's location to another jurisdiction; or (3) the
expiration of one year after a transfer of collateral to a person that thereby becomes a debtor
and is located in another jurisdiction. (b) Security interest perfected or unperfected under
law of new jurisdiction. If a security interest described in subsection (a) becomes perfected
under the law of the other jurisdiction before the earliest time or event described in that
subsection, it remains perfected thereafter. If the security interest does not become perfected
under the law of the other jurisdiction before the earliest...
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7-9A-312
Section 7-9A-312 Perfection of certain security interests by filing; temporary perfection.
(a) Perfection by filing permitted. A security interest in chattel paper, negotiable documents,
instruments, or investment property may be perfected by filing. (b) Control or possession
of certain collateral. Except as otherwise provided in Section 7-9A-315(c) and (d) for proceeds:
(1) a security interest in a deposit account may be perfected only by control under Section
7-9A-314; (2) and except as otherwise provided in Section 7-9A-308(d), a security interest
in a letter-of-credit right may be perfected only by control under Section 7-9A-314; and (3)
a security interest in money may be perfected only by the secured party's taking possession
under Section 7-9A-313. (c) Goods covered by negotiable document. While goods are in the possession
of a bailee that has issued a negotiable document covering the goods: (1) a security interest
in the goods may be perfected by perfecting a security interest...
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7-9A-509
Section 7-9A-509 Persons entitled to file a record. (a) Person entitled to file record. A person
may file an initial financing statement, amendment that adds collateral covered by a financing
statement, or amendment that adds a debtor to a financing statement only if: (1) the debtor
authorizes the filing in an authenticated record or pursuant to subsection (b) or (c); or
(2) the person holds an agricultural lien that has become effective at the time of filing
and the financing statement covers only collateral in which the person holds an agricultural
lien. (b) Security agreement as authorization. By authenticating or becoming bound as debtor
by a security agreement, a debtor or new debtor authorizes the filing of an initial financing
statement, and an amendment, covering: (1) the collateral described in the security agreement;
and (2) property that becomes collateral under Section 7-9A-315(a)(2), whether or not the
security agreement expressly covers proceeds. (c) Acquisition of...
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7-9-302
interest in property subject to the statute or treaty can be perfected only by compliance therewith
except as provided in Section 7-9-103 on multiple state transactions. Duration and renewal
of perfection of a security interest perfected by compliance with the statute or treaty are
governed by the provisions of the statute or treaty; in other respects the security interest
is subject to this article. (5)(a) The filing provisions of this article also do not apply
to a security interest in personal property or fixtures of a utility which is created
by a mortgage or other security agreement which also covers real property situated in the
State of Alabama and which has been filed for record in accordance with the laws of Alabama
governing mortgages of real property. Such security interest shall be perfected by such filing,
whether such filing shall have been accomplished before or after February 1, 1982; and such
security interest shall be and remain effective, both as to the personal...
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40-2A-7
years from the date the return is filed with the department, whichever is later. This subparagraph
shall not apply to any corporation unless dissolution is completed within 18 months of the
date of the written notice. e. If a taxpayer has made the election provided in subsection
(d) or (e) of Section 40-18-8, a preliminary assessment based on the gain realized as a result
of the involuntary conversion [in the case of subsection (d) of Section 40-18-8] or a rollover
of gain on the sale of a personal residence [as provided in subsection (e) of Section
40-18-8] may be entered within three years from the date the taxpayer notified the department
of the replacement of the property in accordance with subsection (d) or (e) of Section 40-18-8,
as the case may be, or of his or her intention not to replace the property. f. If a taxpayer
has validly elected to have the provisions of subdivision (a) (7) of Section 40-18-6 and subsection
(l) of Section 40-18-8 apply to an acquisition of stock...
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7-9A-317
Section 7-9A-317 Interests that take priority over or take free of security interest or agricultural
lien. (a) Conflicting security interests and rights of lien creditors. A security interest
or agricultural lien is subordinate to the rights of: (1) a person entitled to priority under
Section 7-9A-322; and (2) except as otherwise provided in subsection (e), a person that becomes
a lien creditor before the earlier of the time: (A) the security interest or agricultural
lien is perfected; or (B) one of the conditions specified in Section 7-9A-203(b)(3) is met
and a financing statement covering the collateral is filed. (b) Buyers that receive delivery.
Except as otherwise provided in subsection (e), a buyer, other than a secured party, of tangible
chattel paper, tangible documents, goods, instruments, or a certificated security takes free
of a security interest or agricultural lien if the buyer gives value and receives delivery
of the collateral without knowledge of the security interest...
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8-9A-1
against or an interest in property to secure payment of a debt or performance of an obligation,
and includes a security interest created by agreement, a judicial lien obtained by legal or
equitable process or proceedings, a common law lien, or a statutory lien. (10) PERSON. An
individual, partnership, corporation, association, organization, government, or governmental
subdivision or agency, business trust, estate, trust, or any other legal or commercial entity.
(11) PROPERTY. Both real and personal property, whether tangible or intangible, and
any interest in property whether legal or equitable and includes anything that may be the
subject of ownership. (12) RELATIVE. An individual related by consanguinity within the third
degree as determined by the common law, a spouse, or an individual related to a spouse within
the third degree as so determined, and includes an individual in an adoptive relationship
within the third degree. (13) TRANSFER. Every mode, direct or indirect, absolute...
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8-9B-2
and includes a security interest created by agreement, a judicial lien obtained by legal or
equitable process or proceedings, a common-law lien, or a statutory lien. (10) "Organization"
means a person other than an individual. (11) "Person" means an individual, estate,
partnership, association, trust, business or nonprofit entity, public corporation, government
or governmental subdivision, agency, or instrumentality, or other legal or commercial entity.
(12) "Property" means both real and personal property, whether tangible or
intangible, and any interest in property whether legal or equitable and includes anything
that may be the subject of ownership. (13) "Record" means information that is inscribed
on a tangible medium or that is stored in an electronic or other medium and is retrievable
in perceivable form. (14) "Relative" means an individual related by consanguinity
within the third degree as determined by the common law, a spouse, or an individual related
to a spouse within the...
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