Article 1 General Provisions 10A-4-1.01 – 10A-4-1.03
Article 2 Purposes, Powers, and Organization 10A-4-2.01 – 10A-4-2.04
Article 3 Shareholders; Directors and Officers; Professional Liability 10A-4-3.01 – 10A-4-3.06
Article 4 Special Provisions as to Amendments; Merger and Consolidation 10A-4-4.01 – 10A-4-4.02
Article 5 Regulation of Professional Corporations; Foreign Professional Corporations; Application to Existing Corporations 10A-4-5.01 – 10A-4-5.08

Terms Used In Alabama Code > Title 10A > Chapter 4

  • abortion: The use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. See Alabama Code 26-23E-3
  • abortion: as used in this chapter , does not include a procedure or act to terminate the pregnancy of a woman with an ectopic pregnancy, nor does it include the procedure or act to terminate the pregnancy of a woman when the unborn child has a lethal anomaly. See Alabama Code 26-23F-3
  • ABORTION INDUCING DRUG: A medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with the knowledge that the termination will with reasonable likelihood cause the death of the unborn child. See Alabama Code 26-23E-3
  • ABORTION OR REPRODUCTIVE HEALTH CENTER: A facility defined and regulated as an abortion or reproductive health center by the rules of the Alabama State Board of Health. See Alabama Code 26-23E-3
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • administer: To give or apply a pharmacologic or other therapeutic agent to a patient. See Alabama Code 26-23E-3
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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
  • 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.
  • BODILY REMAINS: The physical remains, corpse, or body parts of a dead unborn infant who has been expelled or extracted from his or her mother. See Alabama Code 26-23F-3
  • bureau: The Bureau of Loans of the State Banking Department. See Alabama Code 5-18-3
  • BUSINESS CORPORATION: A corporation or foreign corporation as defined in Chapter 2 or Chapter 2A, as applicable. See Alabama Code 10A-1-1.03
  • CASH ADVANCE: The amount of cash or its equivalent that the borrower actually receives or is paid at his direction or on his behalf. See Alabama Code 5-18-3
  • certification: Duly authenticated by the proper officer or filing officer of the jurisdiction the laws of which govern the internal affairs of an entity. See Alabama Code 10A-1-1.03
  • check: A debit authorization or a check signed by the maker and made payable to a person licensed under this chapter. See Alabama Code 5-18A-2
  • city: The City of Midfield, Alabama. See Alabama Code 45-37A-331.02
  • CIVIL FINE: 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 45-37A-331.02
  • CIVIL VIOLATION: There is hereby 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 45-37A-331.02
  • 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.
  • 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.
  • CONTINUOUS TRANSACTION: To extend a deferred presentment transaction with the same account without redemption in full with cash or guaranteed funds. See Alabama Code 5-18A-2
  • CONVERTED ENTITY: An entity resulting from a conversion. See Alabama Code 10A-1-1.03
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 2-1-1
  • corporation: Includes a domestic or foreign business corporation as defined in Chapter 2 or Chapter 2A, as applicable, 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 10A-1-1.03
  • county: Jefferson County in Alabama. See Alabama Code 45-37A-331.02
  • court: Every court and judge having jurisdiction in a case. See Alabama Code 10A-1-1.03
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • DEFERRED PRESENTMENT SERVICES: A transaction pursuant to a written agreement involving the following combination of activities in exchange for a fee:

    a. See Alabama Code 5-18A-2

  • department: The State Banking Department. See Alabama Code 5-18A-2
  • Dependent: A person dependent for support upon another.
  • director: An individual who serves on the board of directors, by whatever name known, of a foreign or domestic corporation. See Alabama Code 10A-1-1.03
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • dispense: To sell, distribute, administer, leave with, give away, dispose of, deliver, or supply a drug or medicine to the ultimate user or the user's agent. See Alabama Code 26-23E-3
  • DISQUALIFIED PERSON: Any person who is not a qualified person. See Alabama Code 10A-4-1.03
  • Docket: A log containing brief entries of court proceedings.
  • domestic: With respect to an entity, that the entity is formed and exists pursuant to this title. See Alabama Code 10A-1-1.03
  • DOMESTIC PROFESSIONAL CORPORATION: A corporation for profit or nonprofit organized pursuant to the provisions of this chapter. See Alabama Code 10A-4-1.03
  • ECTOPIC PREGNANCY: Any pregnancy resulting from a fertilized egg that has implanted or attached outside the uterus. See Alabama Code 26-23F-3
  • 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: A domestic entity or foreign entity. See Alabama Code 10A-1-1.03
  • 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
  • Ex officio: Literally, by virtue of one's office.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • FINAL DISPOSITION: The burial, interment, cremation, or other legal disposition of the bodily remains of a deceased unborn infant. See Alabama Code 26-23F-3
  • 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
  • Forbearance: A means of handling a delinquent loan. A
  • 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
  • FOREIGN PROFESSIONAL CORPORATION: A corporation or unincorporated association, for profit or nonprofit, organized for the purpose of rendering professional services under a law other than the law of Alabama. See Alabama Code 10A-4-1.03
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • GENERAL PARTNERSHIP: A partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 10A-1-1.03
  • 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 10A-1-1.03
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • JUDGE OF PROBATE: The judge of probate of the county in which a domestic entity is required or permitted to deliver a filing instrument for filing pursuant to this title. See Alabama Code 10A-1-1.03
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • 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
  • LETHAL ANOMALY: A child would die at birth or be still born. See Alabama Code 26-23F-3
  • license: A license, certificate of registration, or other legal authorization. See Alabama Code 10A-1-1.03
  • license: A license, issued under the authority of this chapter, to make loans in accordance with the provisions of this chapter at a single place of business. See Alabama Code 5-18-3
  • licensee: A person to whom one or more licenses have been issued. See Alabama Code 5-18-3
  • licensee: A person licensed to provide deferred presentment services pursuant to this chapter. See Alabama Code 5-18A-2
  • LICENSING AUTHORITY: As defined in Section 10A-1-1. See Alabama Code 10A-4-1.03
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 10A-1-1.03
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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 10A-1-1.03

  • MUNICIPAL COURT: The Municipal Court of the City of Midfield. See Alabama Code 45-37A-331.02
  • NONPROFIT CORPORATION: A domestic or foreign nonprofit corporation as defined in Chapter 3. See Alabama Code 10A-1-1.03
  • 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
  • organization: A corporation, limited partnership, general partnership, limited liability company, business trust, real estate investment trust, joint venture, joint stock company, cooperative, association, bank, insurance company, credit union, savings and loan association, or other organization, regardless of whether the organization is for profit, not for profit, nonprofit, domestic, or foreign. See Alabama Code 10A-1-1.03
  • owner: The owner of a motor vehicle as shown on the motor vehicle registration records of the Alabama Department of Revenue or the analogous department or agency of another state or country. See Alabama Code 45-37A-331.02
  • PATHOLOGICAL STUDY: The examination of body tissue for diagnostic or forensic purposes, and any related activities necessary to perform such study. See Alabama Code 26-23F-3
  • 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: Such term shall include individuals, copartnerships, associations, trusts, corporations and any other legal entities. See Alabama Code 5-18-3
  • person: An individual, group of individuals, partnership, association, corporation, or any other business unit or legal entity. See Alabama Code 5-18A-2
  • 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 45-37A-331.02
  • physician: A person currently licensed by the Medical Licensure Commission, State of Alabama, to practice medicine or osteopathy pursuant to Section 34-24-50, et seq. See Alabama Code 26-23E-3
  • 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.
  • 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.
  • prescription: A physician's order for the preparation and administration of a drug or device for a patient. See Alabama Code 26-23E-3
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • 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.
  • PROFESSIONAL ASSOCIATION: A professional association as defined in Chapter 30. See Alabama Code 10A-1-1.03
  • PROFESSIONAL CORPORATION: A domestic or foreign professional corporation as defined in Chapter 4. See Alabama Code 10A-1-1.03
  • PROFESSIONAL SERVICE: As defined in Section 10A-1-1. See Alabama Code 10A-4-1.03
  • QUALIFIED PERSON: With respect to any domestic professional corporation:

    a. See Alabama Code 10A-4-1.03

  • QUALIFIED STATE: Any state, other than Alabama, or territory of the United States or the District of Columbia which allows individuals authorized to render professional services in Alabama and not in the other state, or partnerships of the individuals, or domestic professional corporations or professional associations owned by the individuals to own shares of professional corporations or to be members of professional associations organized under its laws. See Alabama Code 10A-4-1.03
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • research: A systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalized knowledge but does not include treatment, medication, diagnostic or remedial tests, surgical procedures, or observations which have the purpose of determining or improving the life or health of the unborn infant or preserving the life or health of the unborn infant or the unborn infant's mother or pathological study. See Alabama Code 26-23F-3
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • rollover: Any deferred presentment transaction where the transaction is not paid in full and the licensee agrees to allow the customer to pay the fee only for a new deferred presentment transaction. See Alabama Code 5-18A-2
  • seafoods: shall include and mean all oysters, saltwater fish, saltwater shrimp, diamond back terrapin, sea turtle, crabs and all other species of marine or saltwater animal life existing or living in the water within the territorial jurisdiction of the State of Alabama. See Alabama Code 9-2-80
  • 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
  • supervisor: The Supervisor of the Bureau of Loans of the State Banking Department. See Alabama Code 5-18-3
  • supervisor: The Supervisor of the Bureau of Loans or his or her designee. See Alabama Code 5-18A-2
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • TRAFFIC CONTROL SIGNAL: Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed as defined in Section 32-1-1. See Alabama Code 45-37A-331.02
  • TRAFFIC SIGNAL VIOLATION: Any violation of Section 32-5A-31, Section 32-5A-32, or Section 32-5A-35, or of any combination thereof, wherein a vehicle proceeds into a signalized intersection at a time while the traffic control signal for that vehicle's lane of travel is emitting a steady red signal. See Alabama Code 45-37A-331.02
  • TRAINED TECHNICIAN: A sworn law enforcement officer employed by the city who alternatively:

    a. See Alabama Code 45-37A-331.02

  • UNBORN INFANT: A human being in utero at any stage of development regardless of viability. See Alabama Code 26-23F-3
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC