Article 1 General Provisions 10-3A-1 – 10-3A-4
Article 2 Substantive Provisions 10-3A-20 – 10-3A-45
Article 3 Formation of Corporations 10-3A-60 – 10-3A-64
Article 4 Amendments 10-3A-80 – 10-3A-84
Article 5 Merger and Consolidation 10-3A-100 – 10-3A-105
Article 6 Sale of Assets 10-3A-120
Article 7 Dissolution 10-3A-140 – 10-3A-157
Article 8 Foreign Corporations 10-3A-170 – 10-3A-186
Article 9 Fees and Charges 10-3A-200 – 10-3A-202
Article 10 Miscellaneous Provisions 10-3A-220 – 10-3A-225

Terms Used In Alabama Code > Title 10 > Chapter 3A

  • AD VALOREM TAX: Those real and personal property ad valorem taxes collected by the county tax collector, the director of revenue of the county, or revenue commissioner, if any, for the county, but shall exclude all ad valorem taxes collected for the State of Alabama and all boards of education, municipalities, fire districts, or other entities located in the county. See Alabama Code 11-32-2
  • adapt: The Alabama Drought Assessment and Planning Team as created by this chapter. See Alabama Code 9-10C-2
  • ADCNR COMMISSIONER: The Commissioner of the Alabama Department of Conservation and Natural Resources. See Alabama Code 9-10C-2
  • adeca: The Alabama Department of Economic and Community Affairs. See Alabama Code 9-10C-2
  • ADEM DIRECTOR: The Director of the Alabama Department of Environmental Management. See Alabama Code 9-10C-2
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • AEMA DIRECTOR: The Director of the Alabama Emergency Management Agency. See Alabama Code 9-10C-2
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • AGI COMMISSIONER: The Commissioner of the Alabama Department of Agriculture and Industries. See Alabama Code 9-10C-2
  • ALABAMA ADJUTANT GENERAL: The Commanding General of the Alabama National Guard. See Alabama Code 9-10C-2
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • applicant: A natural person who files a written application with the governing body of any county to which this chapter applies and with a municipality in the county, all in accordance with Section 11-32-3. See Alabama Code 11-32-2
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Articles of incorporation: include amended and restated articles of incorporation and, in the case of a corporation existing on January 1, 1981, its certificate of incorporation, including any amended certificate, and also include, except where the context otherwise requires, articles of merger. See Alabama Code 10A-2-1.40
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • association: Includes, but is not limited to, an unincorporated nonprofit association as defined in Chapter 17 and an unincorporated professional association as defined in Article 1 of Chapter 30. See Alabama Code 10A-1-1.03
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • authority: The public corporation organized pursuant to this chapter, which shall be an agency of the state but shall not be a political subdivision of the state. See Alabama Code 11-32-2
  • AUTHORIZING COUNTY: Any county the governing body of which shall have adopted an authorizing resolution, even if the population of the county should fall below 600,000. See Alabama Code 11-32-2
  • AUTHORIZING MUNICIPALITY: Any municipality the governing body of which shall have adopted an authorizing resolution. See Alabama Code 11-32-2
  • AUTHORIZING RESOLUTION: A resolution, adopted by the governing body of any county to which this chapter applies or by a municipality in the county, all in accordance with Section 11-32-3. See Alabama Code 11-32-2
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • board: The Board of Directors of an authority. See Alabama Code 11-32-2
  • bonds: Bonds, notes, warrants, certificates, and other obligations representing an obligation to pay money. See Alabama Code 11-32-2
  • Buyer: means a person who buys or contracts to buy goods. See Alabama Code 7-2-103
  • code: The state building code to be adopted by the Building Commission. See Alabama Code 41-9-170
  • Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See Alabama Code 7-2A-103
  • commission: The Building Commission. See Alabama Code 41-9-170
  • commission: The Alabama Historical Commission, acting as the custodian of cultural resources for the State of Alabama. See Alabama Code 41-9-291
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • COMMUNITY PUBLIC WATER SYSTEM: A public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. See Alabama Code 9-10C-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
  • Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed $100,000. See Alabama Code 7-2A-103
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Alabama Code 7-2-106
  • contractor: Any individual, company, corporation, or private or public institution determined by the commission to be appropriately qualified that has applied for and received a permit or contract from the commission to begin exploration or excavation activities in state-owned waters. See Alabama Code 41-9-291
  • CONVICTED INDIVIDUAL: An individual convicted of a specified crime or a representative of the individual. See Alabama Code 41-9-85.1
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: Any county in the state. See Alabama Code 11-32-2
  • court: Every court and judge having jurisdiction in a case. See Alabama Code 10A-1-1.03
  • CULTURAL RESOURCES: All abandoned shipwrecks or remains of those ships and all underwater archaeological treasures, artifacts, treasure troves, or other cultural articles and materials, whether or not associated with any shipwreck, that are contained in or on submerged lands belonging to the State of Alabama and the sea within the jurisdiction of the state, and that have remained unclaimed for more than 50 years, excluding therefrom sunken logs, cants, and timber resources of any other type not associated as part of a shipping vessel, and are eligible for, or listed in, the National Register of Historic Places. See Alabama Code 41-9-291
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • department: The State Department of Revenue. See Alabama Code 45-19-244
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • director: A member of the board. See Alabama Code 11-32-2
  • director: The Director of the Technical Staff of the Building Commission. See Alabama Code 41-9-170
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • domestic: With respect to an entity, that the entity is formed and exists pursuant to this title. See Alabama Code 10A-1-1.03
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • DROUGHT CONSERVATION PLAN: A written plan that addresses graduated drought response procedures with implementation of specific measures based on drought severity. See Alabama Code 9-10C-2
  • DROUGHT DECLARATION: A written summary, issued by OWR, containing a description of drought conditions throughout the state. See Alabama Code 9-10C-2
  • DROUGHT EMERGENCY: A written declaration by the Governor that drought conditions in all or any part of the state are of such severity that public health or safety is threatened. See Alabama Code 9-10C-2
  • DROUGHT MONITOR: The assessment of drought conditions throughout the United States published weekly by the National Integrated Drought Information System (NIDIS) on the "drought. See Alabama Code 9-10C-2
  • EARNED INCOME: Income derived from an individual's own labor or active participation in a business. See Alabama Code 41-9-85.1
  • EARTHEN MATERIALS: Materials covered in this part which include sand, clay, silt, loam, dirt, gravel, rock, sand-gravel, clay-gravel, sand-clay, or any combination thereof, but does not include graphite. See Alabama Code 45-19-244
  • electronic: Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 10A-1-1.03
  • EMERGENCY ACTION PLAN: A written emergency response plan. See Alabama Code 9-10C-2
  • Employee: includes an officer but not a director. See Alabama Code 10A-2-1.40
  • Entity: includes corporation and foreign corporation; nonprofit corporation; for profit and nonprofit association; business trust; estate; partnership; limited liability company; trust; and two or more persons having a joint or common economic interest; and state, United States, and foreign government. See Alabama Code 10A-2-1.40
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • excavation: The study and intentional removal from submerged land belonging to the state, by accepted scientific methods, of any objects recognized as cultural resources. See Alabama Code 41-9-291
  • Executor: A male person named in a will to carry out the decedent
  • exploration: The systematic examination by actual survey of an area of submerged land belonging to the state for the purpose of locating and recognizing cultural resources. See Alabama Code 41-9-291
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fault: means wrongful act, omission, breach, or default. See Alabama Code 7-2A-103
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Finance lease: means a lease with respect to which:

    (i) the lessor does not select, manufacture, or supply the goods;

    (ii) the lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and

    (iii) one of the following occurs:

    (A) the lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;

    (B) the lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;

    (C) the lease contract or a separate accurate and complete statement delivered to the lessee discloses in writing (a) all express warranties and other rights provided to the lessee by the lessor and the supplier in connection with the lease contract (b) that there are no other express warranties or rights provided to the lessee by the lessor or the supplier in connection with the lease contract, and (c) in a consumer lease, any waiver, disclaimer, or other negation of express or implied warranties and any limitation or modification of remedy or liquidation of damages for breach of those warranties or other rights of the lessee in a manner as provided in this article or in Article 2, as applicable; or

    (D) the lessor, before the lessee signs the lease contract, informs the lessee in writing (a) of the identity of the supplier, unless the lessee has selected the supplier and directed the lessor to purchase the goods from the supplier, (b) that the lessee is entitled under this article to all warranties and other rights provided to the lessee by the supplier in connection with the lease contract, and (c) to contact the supplier to receive an accurate and complete statement from the supplier of any such express warranties and other rights and any disclaimers or limitations of them or of remedies. See Alabama Code 7-2A-103

  • FISCAL YEAR: The 12-month period provided for in subsection (c) of Section 11-32-7. See Alabama Code 11-32-2
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • foreign: With respect to an entity, that the entity is formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • Fraud: Intentional deception resulting in injury to another.
  • FUNDS OF A CONVICTED INDIVIDUAL: Funds and property received from any source by a convicted individual. See Alabama Code 41-9-85.1
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Section 7-2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Alabama Code 7-2A-103
  • GOVERNING BODY: With respect to a county, its county commissioners, board of revenue, or other like governing body and with respect to a municipality, its city or town council, board of commissioners, or other like governing body. See Alabama Code 11-32-2
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • hotel: Any public inn or lodging house of 15 or more bedrooms, in which transient guests are lodged for pay. See Alabama Code 41-9-160
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • incorporators: The persons forming a public corporation organized pursuant to this chapter. See Alabama Code 11-32-2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intestate: Dying without leaving a will.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Juror: A person who is on the jury.
  • LABOR UNION: An organization in which employees participate for the purpose of dealing with one or more employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. See Alabama Code 11-32-2
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Alabama Code 7-2A-103
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. See Alabama Code 7-2A-103
  • Lease contract: means the total legal obligation that results from the lease agreement as affected by this article and any other applicable rules of law. See Alabama Code 7-2A-103
  • Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See Alabama Code 7-2A-103
  • Lessee: means a person who acquires the right to possession and use of goods under a lease. See Alabama Code 7-2A-103
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See Alabama Code 7-2A-103
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lien: means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest. See Alabama Code 7-2A-103
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • METROPOLITAN PLANNING ORGANIZATION: The forum for cooperative transportation decision making for a metropolitan planning area pursuant to 23 U. See Alabama Code 11-32-2
  • mig: The Monitoring and Impact Group Subcommittee of ADAPT as created by this chapter. See Alabama Code 9-10C-2
  • MIG CHAIR: The Chair of the Monitoring and Impact Group Subcommittee as created by this chapter. See Alabama Code 9-10C-2
  • month: means a calendar month. See Alabama Code 1-1-1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • MOVING PICTURE THEATRE: Any building in which moving pictures are featured regularly for charge of admission. See Alabama Code 41-9-160
  • municipality: An incorporated city or town of this state. See Alabama Code 11-32-2
  • oath: includes affirmation. See Alabama Code 1-1-1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • OFFICE OF WATER RESOURCES DIVISION DIRECTOR: The Division Director of the Office of Water Resources. See Alabama Code 9-10C-2
  • officer: An individual elected, appointed, or designated as an officer of an entity by the entity's governing authority or under the entity's governing documents. See Alabama Code 10A-1-1.03
  • Oversight: Committee review of the activities of a Federal agency or program.
  • paratransit: Comparable transportation service required by the Americans with Disabilities Act for individuals who are unable to use fixed route transportation systems. See Alabama Code 11-32-2
  • PARTICIPATING MUNICIPALITY: A municipality in an authorizing county, other than the principal municipality, which is then providing funds for the authority, pursuant to resolution, contract, or otherwise. See Alabama Code 11-32-2
  • partnership: Includes a general partnership, a limited liability partnership, a foreign limited liability partnership, a limited partnership, a foreign limited partnership, a limited liability limited partnership, and a foreign limited liability limited partnership. See Alabama Code 10A-1-1.03
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: Unless limited to a natural person by the context in which it is used, includes a public or private corporation, municipality, county, or an agency, department, or instrumentality of the state or of a county or municipality. See Alabama Code 11-32-2
  • person: An individual, including the estate of an incompetent or deceased individual, or an organization, whether created by the laws of this state or another state or foreign country, including, without limitation, a general partnership, limited liability partnership, limited partnership, limited liability limited partnership, limited liability company, corporation, professional corporation, nonprofit corporation, professional association, trustee, personal representative, fiduciary, as defined in Section 19-3-150 or person performing in any similar capacity, business trust, estate, trust, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 10A-1-1.03
  • person: An individual, corporation, estate, partnership, association, or other legal entity, or representative of such. See Alabama Code 41-9-85.1
  • person: Any individual, firm, partnership, corporation, association, or any combination thereof. See Alabama Code 45-19-244
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • preceding: means next before. See Alabama Code 1-1-1
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • PRINCIPAL MUNICIPALITY: The municipality in an authorizing county having the largest population in the authorizing county according to the last or any subsequent federal decennial census. See Alabama Code 11-32-2
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments to the certificate of incorporation, the bylaws, and the minutes of proceedings of the board are kept. See Alabama Code 11-32-2
  • Principal office: means the office, in or out of this state, so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located. See Alabama Code 10A-2-1.40
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • producer: Any person engaging in the business of severing sand, clay, silt, loam, dirt, gravel, rock, sand-gravel, clay-gravel, sand-clay, graphite, or any combination thereof from the soil within Coosa County. See Alabama Code 45-19-244
  • PROFITS FROM A CRIME: Any of the following:

    a. See Alabama Code 41-9-85.1

  • property: Real and personal property, and any and all interests in the real and personal property. See Alabama Code 11-32-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • PUBLIC TRANSPORTATION SERVICE: All service involved in the transportation of passengers for hire by means of buses, street railway, elevated railway, subway, underground railroad, light rail, mass transit systems, motor vehicles, or other means of conveyance generally associated with or developed for mass surface or sub-surface transportation of the public, but does not include any service involved in transportation by taxicab, airport limousine, or industrial bus; however, public transportation service does not include aircraft or any air service subject to the Air Carrier Access Act of 1986 or managed by an airport authority of the principal municipality. See Alabama Code 11-32-2
  • Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See Alabama Code 7-2A-103
  • purchaser: Any person acquiring title, outright or conditionally, to any interest in sand, clay, silt, loam, dirt, gravel, rock, sand-gravel, clay-gravel, sand-clay, graphite, or any combination thereof. See Alabama Code 45-19-244
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • Recess: A temporary interruption of the legislative business.
  • Record date: means the date established under Article 6 or 7 on which a corporation determines the identity of its shareholders and their shareholdings for purposes of this chapter. See Alabama Code 10A-2-1.40
  • REGIONAL PLANNING COMMISSION: The regional organization representing governing bodies of local governments under Act 584 of the 1963 Regular Session (Acts 1963, p. See Alabama Code 11-32-2
  • representative: A person who represents or stands in the place of another person, including, but not limited to, an agent, assignee, attorney, guardian, committee, conservator, partner, receiver, administrator, executor or heir of another person, third-party beneficiary, or parent of a minor. See Alabama Code 41-9-85.1
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • salary: as used in this division , is not intended to include or cover costs and charges of court or fees, commissions, percentages, or allowances of public officers, and such are not subject to writs of garnishment under the provisions of this division. See Alabama Code 6-6-480
  • schoolhouse: Any building or other structure erected or acquired by the public schools of Alabama and also shall mean any private building in which 25 or more persons are congregated regularly for the purpose of instruction in any branch of knowledge. See Alabama Code 41-9-160
  • Secretary: means the corporate officer to whom the board of directors has delegated responsibility under Section 10A-2-8. See Alabama Code 10A-2-1.40
  • SECURITIES COMMISSION: The Alabama Securities Commission. See Alabama Code 41-9-85.1
  • Seller: means a person who sells or contracts to sell goods. See Alabama Code 7-2-103
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • severing: Mining, stripping, or otherwise taking or removing sand, clay, silt, loam, dirt, gravel, rock, sand-gravel, clay-gravel, sand-clay, graphite, or any combination thereof from the soil within Coosa County. See Alabama Code 45-19-244
  • Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Alabama Code 10A-2-1.40
  • Shares: means the units into which the proprietary interests in a corporation are divided. See Alabama Code 10A-2-1.40
  • SPECIFIED CRIME: A felony offense involving moral turpitude, as described in Section 17-3-30. See Alabama Code 41-9-85.1
  • state: The State of Alabama. See Alabama Code 11-32-2
  • state: Includes, when referring to a part of the United States, a state or commonwealth, and its agencies and governmental subdivisions, and a territory or possession, and its agencies and governmental subdivisions, of the United States. See Alabama Code 10A-1-1.03
  • state: The State of Alabama. See Alabama Code 11-29-3
  • STATE BUILDING AND CONSTRUCTION: All buildings and other structures erected or acquired by or in behalf of the State of Alabama or any of its agencies or instrumentalities. See Alabama Code 41-9-160
  • STATE CLIMATOLOGIST: The State Climatologist of Alabama as appointed by the Governor and qualified to meet the roles and standards established by the American Association of State Climatologists as a Recognized State Climate Office. See Alabama Code 9-10C-2
  • STATE FORESTER: The Director of the Alabama Forestry Commission. See Alabama Code 9-10C-2
  • STATE GEOLOGIST: The Director of the Geological Survey of Alabama. See Alabama Code 9-10C-2
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Sublease: means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease. See Alabama Code 7-2A-103
  • SUBMERGED LANDS: Lands under navigable waterways owned or controlled by the State of Alabama. See Alabama Code 41-9-291
  • Subpoena: A command to a witness to appear and give testimony.
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 1-1-1
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Alabama Code 7-2A-103
  • Supply contract: means a contract under which a lessor buys or leases goods to be leased. See Alabama Code 7-2A-103
  • tcab: The transit citizens advisory board established herein. See Alabama Code 11-32-2
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • ton: A short ton of 2,000 pounds. See Alabama Code 45-19-244
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • TRANSIT SYSTEM: Land, plants, systems, facilities, buildings, garages, vehicles of all types, rails, lines, and any combination of any of the following, used or useful or capable of future use in furnishing public transportation service, and all other property deemed necessary or desirable by an authority for use in furnishing public transportation service. See Alabama Code 11-32-2
  • transporter: Any person transporting sand, clay, silt, loam, dirt, gravel, rock, sand-gravel, clay-gravel, sand-clay, graphite, or any combination thereof from the place where it is severed or from any other place to any other place, within or without Coosa County. See Alabama Code 45-19-244
  • TREASURE TROVE: Any gold bullion, gold ingots, gold dust, silver bars, and other precious metals or stones. See Alabama Code 41-9-291
  • trustee: A person who serves as a trustee of a trust, including a real estate investment trust. See Alabama Code 10A-1-1.03
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Venue: The geographical location in which a case is tried.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • VICTIM OF A CRIME: Any of the following:

    a. See Alabama Code 41-9-85.1

  • Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Alabama Code 10A-2-1.40