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

  • acjic: The Alabama Criminal Justice Information Center. See Alabama Code 41-9-590
  • acjicc: The Alabama Criminal Justice Information Center Commission. See Alabama Code 41-9-590
  • 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.
  • 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.
  • Allegation: something that someone says happened.
  • ALLOCATED FUNDS: That portion of the funds appropriated to the commission that are allocated by the commission to the soil and water conservation district in each county of the state. See Alabama Code 41-10-37
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • applicant: Any county, or municipality; or state, county or municipal agency having legal authority to hold title to real property, or any combination of the above named entities. See Alabama Code 41-10-22
  • Appraisal: A determination of property value.
  • APPROPRIATED FUNDS: Net TVA payments to the extent such payments are pledged and appropriated to the authority pursuant to Section 41-10-550. See Alabama Code 41-10-541
  • 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
  • AREA OF OPERATION: The area specified in the certificate of incorporation of the authority, within which the authority is empowered to carry on its business and activities under this chapter. See Alabama Code 41-9-598
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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 45-28A-42.07
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • association: The Elmore County Firefighters Association. See Alabama Code 45-26-141.02
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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 the provisions of this article. See Alabama Code 41-10-20
  • authority: A public corporation organized pursuant to the provisions of this chapter. See Alabama Code 41-9-598
  • authority: The public corporation organized pursuant to the provisions of this chapter. See Alabama Code 41-9-630
  • authority: The public corporation organized pursuant to this division. See Alabama Code 41-10-541
  • AUTHORITY GUARANTY: An agreement of the authority pursuant to which the payment of debt service referable to bonds, notes, or other evidences of indebtedness of a development agency is guaranteed by the authority. See Alabama Code 41-10-541
  • AUTHORITY OBLIGATIONS: Bonds of the authority and authority guaranties. See Alabama Code 41-10-541
  • AUTHORITY-GUARANTEED OBLIGATIONS: Bonds, notes, or other evidences of indebtedness of a development agency that are issued solely for the purpose in financing a project and that are guaranteed, in whole or in part, by an authority guaranty. See Alabama Code 41-10-541
  • AUTHORIZED INVESTMENTS: Bonds or other obligations of, or guaranteed by, the United States of America or the state, or interest bearing bank and savings and loan association deposits or obligations, obligations of any agency of the United States of America, any obligations in which a state chartered savings and loan association may invest its funds, any agreement to repurchase any of the foregoing, or any thereof. See Alabama Code 41-10-37
  • Authorized shares: means the shares of all classes a domestic or foreign business corporation is authorized to issue. See Alabama Code 45-28A-42.07
  • Bailee: means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them. See Alabama Code 26-2A-34
  • 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
  • board: The board of directors of an authority. See Alabama Code 41-9-598
  • board: The board of directors of the authority. See Alabama Code 41-9-630
  • board: The Office of State Planning and Federal Programs established pursuant to Sections 41-9-205 through 41-9-214. See Alabama Code 41-9-642
  • BOARD OF DIRECTORS: The board of directors of the authority. See Alabama Code 41-10-20
  • bonds: The bonds issued under the provisions of this article. See Alabama Code 41-10-20
  • bonds: Such term shall include bonds, notes, debentures and certificates representing an obligation to pay money. See Alabama Code 41-9-598
  • bonds: Bonds of the authority issued for any authorized purpose. See Alabama Code 41-10-541
  • carrier: means a person that issues a bill of lading. See Alabama Code 26-2A-34
  • center: The Alabama Criminal Justice Information Center. See Alabama Code 41-9-590
  • CERTIFICATE OF DISSOLUTION: Any document such as a certificate of dissolution, statement of dissolution, or articles of dissolution, required or permitted to be filed publicly with respect to an entity's dissolution and winding up of its business, activity, activities, not for profit activity, or affairs. See Alabama Code 45-26-231.06
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • city: The City of Selma, Alabama. See Alabama Code 45-24A-32.02
  • CIVIL PENALTY: The monetary amount assessed by the city pursuant to this part for an adjudication of civil liability for a traffic signal violation, including municipal court costs associated with the infraction. See Alabama Code 45-24A-32.02
  • CIVIL VIOLATION: There is created a noncriminal category of state law called a civil violation created and existing for the sole purpose of carrying out the terms of this part. See Alabama Code 45-24A-32.02
  • claims: In respect of a protected person, includes liabilities of the protected person, whether arising in contract, tort, or otherwise, and liabilities of the estate which arise at or after the appointment of a conservator, including expenses of administration. See Alabama Code 26-2A-20
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • COASTAL AREA: The coastal waters, including the lands therein and thereunder, and the adjacent shorelands, including the waters therein and thereunder, strongly influenced by each and in proximity to the shorelines of Alabama and including transitional and intertidal areas, salt marshes, wetlands, and beaches. See Alabama Code 41-9-642
  • COASTAL WATERS: Those waters, adjacent to the shoreline, which contain a measurable quantity or percentage of sea water, including but not limited to, sounds, bays, lagoons, bayous, ponds and estuaries. See Alabama Code 41-9-642
  • COMMERCIAL BUILDING: Any building that contains one or more separate business enterprises that purchase and display a business license applicable to the business enterprise. See Alabama Code 45-26-141.02
  • commission: The Elmore County Commission or other governing body of the county. See Alabama Code 45-26-141.02
  • commission: The Alabama Agricultural and Conservation Development Commission organized pursuant to the provisions of the Constitution of Alabama of 1901, as amended, and this chapter. See Alabama Code 41-10-37
  • commission: The Alabama Criminal Justice Information Center Commission. See Alabama Code 41-9-590
  • commissioner: The Commissioner of the Department of Conservation and Natural Resources. See Alabama Code 41-10-22
  • 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.
  • 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.
  • conservator: A person who is appointed by a court to manage the estate of a protected person and includes a limited conservator described in Section 26-2A-148(a). See Alabama Code 26-2A-20
  • Consignee: means a person named in a bill of lading to which or to whose order the bill promises delivery. See Alabama Code 26-2A-34
  • Consignor: means a person named in a bill of lading as the person from which the goods have been received for shipment. See Alabama Code 26-2A-34
  • Conviction: A judgement of guilt against a criminal defendant.
  • corporation: Includes a domestic or foreign business corporation as defined in Chapter 2, a domestic or foreign nonprofit corporation as defined in Chapter 3, a domestic or foreign professional corporation as defined in Chapter 4, and those entities specified in Chapter 20 as corporate. See Alabama Code 45-26-231.06
  • COST-SHARE GRANT: An award of money made pursuant to the terms of this chapter with no requirement that such money be repaid except in the events outlined herein. See Alabama Code 41-10-37
  • county: Elmore County, Alabama. See Alabama Code 45-26-141.02
  • county: Any county in this state or in contiguous states. See Alabama Code 41-9-598
  • county: A county in the state. See Alabama Code 41-9-630
  • court: A probate court of this state. See Alabama Code 26-2A-20
  • court: Every court and judge having jurisdiction in a case. See Alabama Code 45-26-231.06
  • COURT REPRESENTATIVE: A person appointed in a guardianship or protective proceeding who is trained in law, nursing, or social work, is an officer, employee, or special appointee of the court, and has no personal interest in the proceeding. See Alabama Code 26-2A-20
  • CRIMINAL JUSTICE AGENCIES: Such term shall include those public agencies at all levels of government which perform as their principal function activities or planning for such activities relating to the identification, apprehension, prosecution, adjudication or rehabilitation of civil, traffic and criminal offenders. See Alabama Code 41-9-590
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • day: When used in the computation of time excludes the first day and includes the last day of the period so computed, unless the last day is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday. See Alabama Code 45-26-231.06
  • DEBT SERVICE: The principal of and interest (and premium, if any) on an obligation (including, without limitation, any principal required to be paid prior to its stated maturity) and any ongoing trustee or paying agent fees or fees of providers of credit enhancement or liquidity facilities. See Alabama Code 41-10-541
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Delivery order: means a record that contains an order to deliver goods directed to a warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading. See Alabama Code 26-2A-34
  • department: Any volunteer fire department with which the Elmore County Firefighters Association may enter into agreements with respect to providing fire protection, fire prevention, and related services and facilities within the county. See Alabama Code 45-26-141.02
  • department: The Alabama Department of Environmental Management. See Alabama Code 41-9-642
  • DEVELOPMENT AGENCY: A county, municipality, or industrial development authority organized under Chapter 92A of Title 11; an industrial development board organized under Article 4, Chapter 54 of Title 11, or the State Industrial Development Authority. See Alabama Code 41-10-541
  • Devise: To gift property by will.
  • director: The Director of the Alabama Criminal Justice Information Center. See Alabama Code 41-9-590
  • director: A member of the board of directors of an authority. See Alabama Code 41-9-598
  • director: A member of the board of directors of the authority. See Alabama Code 41-9-630
  • directors: The Board of Directors of the Alabama Incentives Financing Authority. See Alabama Code 41-10-541
  • disability: Cause for a protective order as described in Section 26-2A-130. See Alabama Code 26-2A-20
  • 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:
  • district: A fire fighting district established by the Elmore County Firefighters Association. See Alabama Code 45-26-141.02
  • Docket: A log containing brief entries of court proceedings.
  • domestic: With respect to an entity, that the entity is formed and exists under this title. See Alabama Code 45-26-231.06
  • domestic corporation: means a business corporation, which is not a foreign corporation, incorporated under or subject to the provisions of this chapter. See Alabama Code 45-28A-42.07
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • dwelling: Any occupied or unoccupied building, structure, or other improvement to real property used or expected to be used as a dwelling for one or more persons, including specifically but not limited to the following:

    a. See Alabama Code 45-26-141.02

  • ELIGIBLE PERSON: An individual, partnership, family-owned corporation the owners of all the stock of which are related by blood or marriage, estate, or trust who, as an owner, landlord, lessee, tenant or sharecropper, participates in the operation of (1) a farm lying within a soil and water conservation district, or (2) a tract of land devoted to the growth of timber lying within a soil and water conservation district. See Alabama Code 41-10-37
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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 45-28A-42.07
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • estate: Includes the property of the person whose affairs are subject to this chapter. See Alabama Code 26-2A-20
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • 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.
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • FINANCED PROPERTY: All property whether real, personal, or mixed, the costs of which were or are to be paid or reimbursed in whole or in part with the proceeds of bonds of the authority or the proceeds of authority-guaranteed obligations. See Alabama Code 41-10-541
  • FINANCING AGREEMENT: Any loan, lease, agreement, grant agreement, financing agreement, credit agreement, security agreement, mortgage, indenture, guaranty agreement, or other type of agreement entered into by the authority in connection with the incurring of authority obligations. See Alabama Code 41-10-541
  • FIRE PROTECTION FEE: A fee for fire protection and emergency medical services levied by the commission pursuant to the authorizing amendment and this part. See Alabama Code 45-26-141.02
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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 45-26-231.06
  • Foreign corporation: means a business corporation incorporated under a law other than the law of this state. See Alabama Code 45-28A-42.07
  • Fraud: Intentional deception resulting in injury to another.
  • fund: The Alabama Recreation Capital Development Assistance Fund. See Alabama Code 41-10-22
  • FUNDING AGREEMENT: An agreement between the state and the authority under which the state shall agree to make funds available to the authority to be used for the payment, or to enhance the payment, of debt service on bonds issued by the authority; provided (i) such agreement shall have an initial term from the date of execution thereof through the September 30 immediately succeeding the date of execution, and shall be subject to renewal, at the sole option of the state, for successive terms of twelve (12) months each, each such term to coincide with the fiscal year of the state beginning on October 1 and continuing until and including the next succeeding September 30, and (ii) any obligation on the part of the state to pay amounts required to be paid during any fiscal year of the state under such agreement shall constitute a limited obligation of the state payable solely out of the revenues and receipts appropriated to and received by the state during the fiscal year of the state during which any such amount is to be payable. See Alabama Code 41-10-541
  • 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
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good faith: means honesty in fact in the conduct or transaction concerned. See Alabama Code 26-2A-34
  • Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See Alabama Code 26-2A-34
  • governor: The Governor of the state. See Alabama Code 41-10-37
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • grantee: A county, municipality or local industrial development board organized as a public corporation in this state, or an airport authority organized as a public corporation in this state pursuant to Chapter 3 of Title 4, or whether created by general, special or local laws, or general acts of local application, if such authority governs an airport operated by a county and at least one municipality therein jointly, to which a grant of money is made as provided in Section 41-10-26. See Alabama Code 41-10-20
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • guardian: A person who has qualified as a guardian of a minor or incapacitated person pursuant to parental or spousal nomination or court appointment and includes a limited guardian as described in Sections 26-2A-78(e) and 26-2A-105(c), but excludes one who is merely a guardian ad litem. See Alabama Code 26-2A-20
  • IN-KIND CONTRIBUTIONS: In-kind contributions represent the value of contributions provided by the applicant, other public agencies and institutions, and private organizations and individuals which directly benefit and are specifically identifiable to the project. See Alabama Code 41-10-22
  • INCAPACITATED PERSON: Any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, physical or mental infirmities accompanying advanced age, chronic use of drugs, chronic intoxication, or other cause (except minority) to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions. See Alabama Code 26-2A-20
  • incorporators: The persons who form a public corporation pursuant to the provisions of this chapter. See Alabama Code 41-9-598
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 45-26-231.06
  • INDUSTRIAL SITES: Land owned by a grantee or potential grantee on which industrial facilities have been or will be constructed for sale or lease to an individual, private association or private corporation. See Alabama Code 41-10-20
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insolvent: A person who is unable to pay the person's debts as they become due in the usual course of business or affairs. See Alabama Code 45-26-231.06
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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.
  • Issuer: means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. See Alabama Code 26-2A-34
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • JUDGE OF PROBATE: The Judge of Probate of Elmore County. See Alabama Code 45-26-141.02
  • JUDGE OF PROBATE: The judge of probate of the county in which a domestic entity's certificate of formation is filed, or, with respect to a statement of authority under Chapter 8A, which is to be filed in the real property records of a particular county, the judge of probate of the county in which that statement is filed. See Alabama Code 45-26-231.06
  • landowner: Any person, firm, or corporation holding title to land lying within a soil and water conservation district. See Alabama Code 41-10-37
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 45-26-231.06
  • lease: Includes an oil, gas, or other mineral lease. See Alabama Code 26-2A-20
  • 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
  • letters: Includes letters of guardianships and letters of conservatorship. See Alabama Code 26-2A-20
  • 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.
  • MAINTENANCE FUND: A fund established by resolution of the directors for the purpose of holding amounts directed by resolution of the authority to be maintained and used to pay the costs and expenses of acquiring, operating, and maintaining any project or other property owned, acquired or operated by the authority and to pay any other costs, expenses or obligations of the authority. See Alabama Code 41-10-541
  • MANAGEMENT PROGRAM: Such term includes, but is not limited to, a comprehensive statement in words, maps, illustrations or other media of communication, prepared and adopted by the state in accordance with the provisions of this chapter, setting forth objectives, policies and standards to guide public and private users of lands and waters in the coastal area. See Alabama Code 41-9-642
  • merger: The combination of one or more domestic entities with one or more domestic entities or non-code organizations resulting in:

    (A) one or more surviving domestic entities or non-code organizations;

    (B) the creation of one or more new domestic entities or non-code organizations, or one or more surviving domestic entities or non-code organizations; or

    (C) one or more surviving domestic entities or non-code organizations and the creation of one or more new domestic entities or non-code organizations. See Alabama Code 45-26-231.06

  • minor: A person who is under 19 years of age and has not otherwise had the disabilities of minority removed. See Alabama Code 26-2A-20
  • minor ward: is a minor for whom a guardian has been appointed solely because of minority. See Alabama Code 26-2A-20
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • month: means a calendar month. See Alabama Code 30-3D-608
  • mortgage: Any conveyance, agreement, or arrangement in which property is used as collateral. See Alabama Code 26-2A-20
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • municipality: An incorporated city or town. See Alabama Code 45-26-141.02
  • municipality: Any city or town which is incorporated. See Alabama Code 41-9-598
  • municipality: An incorporated city or town of the state. See Alabama Code 41-9-630
  • oath: includes affirmation. See Alabama Code 30-3D-608
  • offense: Any act which is a felony or is a misdemeanor as described in Section 41-9-622. See Alabama Code 41-9-590
  • organization: Includes a corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, government, governmental subdivision or agency, or any other legal entity. See Alabama Code 26-2A-20
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: A person owning one or more dwellings or commercial buildings. See Alabama Code 45-26-141.02
  • parent: Includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent, or grandparent. See Alabama Code 26-2A-20
  • person: Unless limited to a natural person by the context in which it is used, such term includes a private firm, a private association, a public or private corporation, a municipality, a county or an agency, department or instrumentality of the state or of a county or municipality. See Alabama Code 41-10-20
  • 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, 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 45-26-231.06
  • person: An individual or an organization, unless the context otherwise requires. See Alabama Code 26-2A-20
  • person: Unless limited to a natural person by the context in which it is used, such term includes a public or private corporation, a municipality, a county or an agency, department or instrumentality of a state or of a county or municipality. See Alabama Code 41-9-598
  • person: Unless limited to a natural person by the context in which it is used, such term includes a public or private corporation organized under the laws of Alabama or of another state, a municipality, a county, or an agency, department or instrumentality of a county or municipality, of one or more of the several states, or of the United States. See Alabama Code 41-9-630
  • person: Any and all persons, natural or artificial, including, but not limited to, any individual, partnership, association, society, joint stock company, firm, company, corporation, institution, trust, estate, other legal entity or business organization or any state or local governmental entity and any successor of the foregoing. See Alabama Code 41-9-642
  • person: Unless limited to a natural person by the context in which it is used, includes a private firm, a private association, a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state or of a county or municipality. See Alabama Code 41-10-541
  • petition: A written request to the court for an order after notice. See Alabama Code 26-2A-20
  • PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM: A camera system which is designed and installed to work in conjunction with an electrically operated traffic-control device using vehicle sensors synchronized to automatically record, either by conventional film or digital imaging, sequenced photographs or full motion video of the rear of a motor vehicle while proceeding through a signalized intersection. See Alabama Code 45-24A-32.02
  • 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
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • PREPARATION OF INDUSTRIAL SITES: The grading and draining of industrial sites and the means of access thereto. See Alabama Code 41-10-20
  • 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 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 45-28A-42.07
  • 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.
  • proceeding: Includes action at law and suit in equity. See Alabama Code 26-2A-20
  • PROGRAM YEAR: The period from October 1 to September 30. See Alabama Code 41-10-37
  • project: Any land, building, or other improvement, and all real and personal properties deemed necessary or useful in connection therewith, whether or not now in existence, that are or are to be located in the state and that have been or are to be acquired, constructed, expanded, or installed for use (i) by an industrial or research enterprise, (ii) by a manufacturing, aviation or transportation enterprise, (iii) by any enterprise engaged in manufacturing, processing, cultivating or assembling any agricultural or manufactured product, (iv) as a training facility, or (v) by any entity in promoting economic development or the recruitment of industrial, research, manufacturing, aviation or transportation prospects to the state. See Alabama Code 41-10-541
  • PROJECT COSTS: All costs and expenses incurred by the authority or any person in connection with the acquisition, construction, installation, and equipping of a project, including, without limitation, any of the following:

    a. See Alabama Code 41-10-541

  • property: Includes all property, whether real, personal, or mixed, or tangible or intangible, or any right or interest therein. See Alabama Code 45-26-231.06
  • property: Includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Alabama Code 26-2A-20
  • property: Such term shall include real, personal and mixed property and interests therein. See Alabama Code 41-9-598
  • property: Such term means and includes real and personal property, and interests therein. See Alabama Code 41-9-630
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • PROTECTED PERSON: A minor or other person for whom a conservator has been appointed or other protective order has been made as provided in Sections 26-2A-136 and 26-2A-137. See Alabama Code 26-2A-20
  • PROTECTIVE PROCEEDING: A proceeding under the provisions of Article 2, Division 3. See Alabama Code 26-2A-20
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes lands, tenements and hereditaments. See Alabama Code 30-3D-608
  • Recess: A temporary interruption of the legislative business.
  • 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. See Alabama Code 26-2A-34
  • RECREATIONAL USE: Participation in or observation of outdoor activities by the general public including, but not limited to, hunting, fishing, water sports, aerial sports, hiking, camping, winter sports, animal or vehicular riding and any related activity. See Alabama Code 41-10-22
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • RESERVE FUND: Any fund or account established by the authority in which moneys are placed in reserve to be used to pay the principal of or interest on bonds issued by the authority in the event funds pledged for the payment of debt service on such bonds are insufficient to timely satisfy the payment requirements. See Alabama Code 41-10-541
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • REVENUE COMMISSIONER: The Revenue Commissioner of Elmore County. See Alabama Code 45-26-141.02
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Secretary: means the corporate officer to whom the board of directors has delegated responsibility under Section 10A-2-8. See Alabama Code 45-28A-42.07
  • SECRETARY OF STATE: The Secretary of State of the State of Alabama. See Alabama Code 45-26-231.06
  • security: Includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase any of the foregoing. See Alabama Code 26-2A-20
  • 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.
  • 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 45-28A-42.07
  • Shares: means the units into which the proprietary interests in a corporation are divided. See Alabama Code 45-28A-42.07
  • Shipper: means a person that enters into a contract of transportation with a carrier. See Alabama Code 26-2A-34
  • SOIL AND WATER CONSERVATION DISTRICT: A governmental subdivision of this state and a public body corporate and politic organized pursuant to Article 2 of Chapter 8 of Title 9. See Alabama Code 41-10-37
  • SOIL AND WATER CONSERVATION PRACTICES: The measures approved by the commission and applied to the land that prevent soil erosion in the state or improve the quality of water from agricultural sources in the state or improve the forest resources of the state. See Alabama Code 41-10-37
  • state: The State of Alabama. See Alabama Code 41-10-20
  • 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 45-26-231.06
  • state: The State of Alabama. See Alabama Code 45-26-141.02
  • state: In the absence of clear implication herein otherwise, such term means the State of Alabama. See Alabama Code 41-9-630
  • state: The State of Alabama. See Alabama Code 41-10-37
  • STATE SOIL AND WATER CONSERVATION COMMITTEE: The agency of the state established and existing pursuant to Section 9-8-22. See Alabama Code 41-10-37
  • Statute: A law passed by a legislature.
  • 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 30-3D-608
  • subsidiary: An entity or organization at least 50 percent of:

    (A) the ownership or membership interest of which is owned by a parent entity or parent organization; or

    (B) the voting power of which is possessed by a parent entity or parent organization. See Alabama Code 45-26-231.06

  • synfuel: Such term means synthetic fuel which is any solid, liquid or gas, or combination thereof, which can be used as a substitute for petroleum or natural gas (or any derivative thereof, including chemical feedstock) and which is produced by chemical or physical transformation (other than washing, coking, desulfurizing) of domestic sources of:

    a. See Alabama Code 41-9-630

  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • 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.
  • TRAINING FACILITY: Any facility to be used for the purpose of providing vocational, technical, or other training for employees or prospective employees of any industry for the manufacturing, processing, cultivating, or assembling of any agricultural or manufactured product. See Alabama Code 41-10-541
  • TRAINING FACILITY MANAGEMENT FEES: Fees payable to any person as compensation for managing a training facility under a management agreement entered into pursuant to Section 41-10-551, including payments to be made to reimburse such person for the costs of operating and maintaining a training facility. See Alabama Code 41-10-541
  • 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.
  • Treasury shares: means shares of a corporation that have been issued, have been subsequently acquired by and belong to the corporation, and have not been canceled or restored to the status of authorized but unissued shares. See Alabama Code 45-28A-42.07
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • 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.
  • 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 45-28A-42.07
  • ward: A person for whom a guardian has been appointed. See Alabama Code 26-2A-20
  • Warehouse: means a person engaged in the business of storing goods for hire. See Alabama Code 26-2A-34
  • WATER USE: Activities which are conducted in or on the water, but such term does not mean or include the establishment of any water quality standard or criteria or the regulation of the discharge or runoff of water pollutants except the standards, criteria or regulations which are incorporated in any program as required by the provisions of this chapter. See Alabama Code 41-9-642