Article 1 General Provisions 10A-5A-1.01 – 10A-5A-1.10
Article 2 Formation 10A-5A-2.01 – 10A-5A-2.06
Article 3 Relations of Members to Persons Dealing with Limited Liability Company 10A-5A-3.01 – 10A-5A-3.02
Article 4 Relations of Members to Each Other and to the Limited Liability Company 10A-5A-4.01 – 10A-5A-4.11
Article 5 Transferable Interests and Rights of Transferees and Creditors 10A-5A-5.01 – 10A-5A-5.04
Article 6 Member’s Dissociation 10A-5A-6.01 – 10A-5A-6.03
Article 7 Dissolution, Winding Up, and Reinstatement 10A-5A-7.01 – 10A-5A-7.10
Article 8 Limited Liabiity Companies Performing Professional Services 10A-5A-8.01 – 10A-5A-8.02
Article 9 Actions by Members 10A-5A-9.01 – 10A-5A-9.09
Article 10 Conversions and Mergers 10A-5A-10.01 – 10A-5A-10.10
Article 11 Series Provisions 10A-5A-11.01 – 10A-5A-11.16
Article 12 Transition Rules/Miscellaneous Provisions 10A-5A-12.01 – 10A-5A-12.04

Terms Used In Alabama Code > Title 10A > Chapter 5A

  • 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 45-39-234
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • ADJUSTED RBC REPORT: An RBC report which has been adjusted by the commissioner in accordance with subsection (e) of Section 27-2B-3. See Alabama Code 45-39A-13.08
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • ALARM MONITORING SERVICE: A service that uses a device located at a residence, place of business, or other fixed premises for both of the following purposes:

    a. See Alabama Code 45-39-250

  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Appraisal: A determination of property value.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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 Civic Center Authority created by this part. See Alabama Code 45-39A-11
  • Authorized control level RBC: means the number determined under the risk-based capital formula in accordance with the RBC instructions. See Alabama Code 45-39A-13.08
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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.
  • board: The State Board of Agriculture and Industries. See Alabama Code 45-37A-331.04
  • board: The State Board of Agriculture and Industries. See Alabama Code 45-37A-331.37
  • 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 45-39-234
  • broker: A broker as defined in Section 34-27-2. See Alabama Code 35-11-450
  • BURDEN OF INTERJECTING THE ISSUE: Shall be defined as provided in Section 13A-1-2(14). See Alabama Code 45-39A-13.12
  • bureau: The Bureau of Loans of the State Banking Department. See Alabama Code 35-11-351
  • BUSINESS TRUST: A business trust as defined in Chapter 16. See Alabama Code 45-26-231.06
  • CABLE SERVICE: A service that provides both of the following:

    a. See Alabama Code 45-39-250

  • CABLE SYSTEM: A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but the term does not include any of the following:

    a. See Alabama Code 45-39-250

  • Capital offense: A crime punishable by death.
  • CAPITAL OFFENSE: An offense for which a defendant shall be punished by a sentence of death or life imprisonment without parole, or in the case of a defendant who establishes that he or she was under the age of 18 years at the time of the capital offense, life imprisonment, or life imprisonment without parole, according to the provisions of this article. See Alabama Code 45-39A-13.12
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • 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 35-11-351
  • 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.
  • check: A debit authorization or a check signed by the maker and made payable to a person licensed under this chapter. See Alabama Code 35-11-454
  • circuit: means judicial circuit. See Alabama Code 30-3D-608
  • 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.
  • client: A person or entity having an interest in commercial real estate that has entered into a written brokerage or agency agreement with a real estate broker relative to the commercial real estate. See Alabama Code 35-11-450
  • COMMERCIAL REAL ESTATE: Any real estate including real estate classified as agricultural for tax assessment purposes other than real estate containing one to four residential units. See Alabama Code 35-11-450
  • commissioner: The Alabama Commissioner of Agriculture and Industries. See Alabama Code 45-17-231.20
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 32-6-15
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 45-37A-331.04
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 45-37A-331.37
  • 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.
  • Company action level RBC: means , with respect to any insurer, the product of 2. See Alabama Code 45-39A-13.08
  • Constituent limited liability company: means a constituent organization that is a limited liability company. See Alabama Code 45-4-100.01
  • Constituent organization: means an organization that is party to a merger under Article 10. See Alabama Code 45-4-100.01
  • Continuance: Putting off of a hearing ot trial until a later time.
  • contribution: A tangible or intangible benefit that a person transfers to an entity in consideration for an ownership interest in the entity or otherwise in the person's capacity as an owner or a member. See Alabama Code 45-26-231.06
  • Converted organization: means the organization into which a converting organization converts pursuant to Article 10. See Alabama Code 45-4-100.01
  • Converting limited liability company: means a converting organization that is a limited liability company. See Alabama Code 45-4-100.01
  • Converting organization: means an organization that converts into another organization pursuant to Article 10. See Alabama Code 45-4-100.01
  • conveyance: A sale, lease, or other transfer of commercial real estate. See Alabama Code 35-11-450
  • Conviction: A judgement of guilt against a criminal defendant.
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 32-6-15
  • 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
  • CORRECTIVE ORDER: An order issued by the commissioner specifying corrective actions which the commissioner has determined are required. See Alabama Code 45-39A-13.08
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • 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 45-26-231.06
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • DEBTOR IN BANKRUPTCY: A person who is the subject of:

    (A) an order for relief under the United States bankruptcy laws, Title 11, United States Code, or comparable order under a successor statute of general application; or

    (B) a comparable order under federal, state, or foreign law governing insolvency. See Alabama Code 45-26-231.06

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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 35-11-454

  • department: The Alabama Department of Public Health. See Alabama Code 45-40-161
  • department: The State Banking Department. See Alabama Code 35-11-454
  • department: The Department of Agriculture and Industries. See Alabama Code 45-37A-331.37
  • department: The Department of Agriculture and Industries. See Alabama Code 45-38-240.03
  • Dependent: A person dependent for support upon another.
  • 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:
  • Disqualified person: means any person who is not a qualified person. See Alabama Code 45-4-100.01
  • Distribution: except as otherwise provided in Section 10A-5A-4. See Alabama Code 45-4-100.01
  • distribution: A transfer of property, including cash, from an entity to an owner or member of the entity in the owner's or member's capacity as an owner or member. See Alabama Code 45-26-231.06
  • 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 INSURER: Any insurer domiciled in this state. See Alabama Code 45-39A-13.08
  • during: The term as used in Section 13A-5-40(a) means in the course of or in connection with the commission of, or in immediate flight from the commission of the underlying felony or attempt thereof. See Alabama Code 45-39A-13.12
  • electronic: Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 45-26-231.06
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • enrollee: An individual who has contracted for or who participates in coverage under an insurance policy, a health maintenance organization contract, a health service corporation contract, an employee welfare benefit plan, a hospital or medical services plan, or any other benefit program providing payment, reimbursement, or indemnification for health care costs for the individual or the eligible dependents of the individual. See Alabama Code 45-40-161
  • 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 45-26-231.06
  • 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.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • 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.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • FILING ENTITY: A domestic entity that is a corporation, limited partnership, including a limited liability partnership, limited liability company, professional association, employee cooperative corporation, or real estate investment trust. See Alabama Code 45-26-231.06
  • FILING INSTRUMENT: An instrument, document, or statement that is required or authorized by this title to be filed by or for an entity with the filing officer in accordance with Article 4. See Alabama Code 45-26-231.06
  • FILING OFFICER: The officer with whom a filing instrument is required or permitted to be filed under Article 4 or under any other provision of this title. See Alabama Code 45-26-231.06
  • FINAL DISPOSITION: The burial, interment, cremation, or other legal disposition of the bodily remains of a deceased unborn infant. See Alabama Code 45-39-234
  • 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
  • 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.
  • 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 45-26-231.06
  • FOREIGN ENTITY: An organization formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 45-26-231.06
  • FOREIGN FILING ENTITY: A foreign entity that registers or is required to register as a foreign entity under Article 7. See Alabama Code 45-26-231.06
  • FOREIGN INSURER: Any insurer which is licensed to do business in this state but not domiciled in this state. See Alabama Code 45-39A-13.08
  • Foreign limited liability company: means a limited liability company governed by the laws of a jurisdiction other than this state which would be a limited liability company if governed by the laws of this state. See Alabama Code 45-4-100.01
  • FOREIGN LIMITED LIABILITY PARTNERSHIP: A foreign limited liability partnership as defined in Chapter 8A. See Alabama Code 45-26-231.06
  • FOREIGN LIMITED PARTNERSHIP: A foreign limited partnership as defined in Chapter 9A. See Alabama Code 45-26-231.06
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • FRATERNAL BENEFIT SOCIETY: Any insurer licensed under Chapter 34. See Alabama Code 45-39A-13.08
  • 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 45-26-231.06
  • Governing statute: means the statute that governs an organization's internal affairs. See Alabama Code 45-4-100.01
  • 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.
  • 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 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.
  • HEALTH ORGANIZATION: Any health care service plan, health maintenance organization, limited health service organization, dental services corporation, or other managed care organization licensed under this title. See Alabama Code 45-39A-13.08
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • HEMP PRODUCTS: Any and all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and seed for cultivation if the seeds originate from industrial hemp varieties. See Alabama Code 45-38-240.03
  • 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
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 45-26-231.06
  • INDUSTRIAL HEMP: All parts and varieties of the plant Cannabis sativa, cultivated or possessed by a licensed grower, whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of not more than 0. See Alabama Code 45-38-240.03
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insolvency: The inability of a person 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
  • INSTITUTION OF HIGHER EDUCATION: A postsecondary institution, as defined in 20 U. See Alabama Code 45-38-240.03
  • insurer: As defined in Section 27-1-2, including, without limitation, any fraternal benefit society and any health organization. See Alabama Code 45-39A-13.08
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • INTERACTIVE COMPUTER SERVICE: Any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and the systems operated or services offered by libraries or educational institutions. See Alabama Code 45-39-250
  • 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
  • internet: The international computer network of both federal and non-federal interoperable packet switched data networks. See Alabama Code 45-39-250
  • 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'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
  • Juror: A person who is on the jury.
  • Jury instructions: A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply. Source: U.S. Courts
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 45-26-231.06
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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 35-11-351
  • licensee: A person to whom one or more licenses have been issued. See Alabama Code 35-11-351
  • licensee: A person licensed to provide deferred presentment services pursuant to this chapter. See Alabama Code 35-11-454
  • LICENSING AUTHORITY: The state court, state regulatory licensing board, or other like agency which has the power to issue a license or other legal authorization to render professional services. See Alabama Code 45-26-231.06
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • LIFE OR HEALTH INSURER: Any insurer licensed to do business in this state and authorized to transact life and/or disability insurance, including a property and casualty insurer writing only disability insurance, but shall not include fraternal benefit societies, health care service corporations, dental service organizations, health maintenance organizations, dental plan organizations, or mutual aid associations. See Alabama Code 45-39A-13.08
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 45-26-231.06
  • Limited liability company agreement: means any agreement (whether referred to as a limited liability company agreement, operating agreement or otherwise), written, oral or implied, of the member or members as to the activities and affairs of a limited liability company or series thereof. See Alabama Code 45-4-100.01
  • LIMITED LIABILITY LIMITED PARTNERSHIP: A limited liability limited partnership as defined in Chapter 9A. See Alabama Code 45-26-231.06
  • LIMITED LIABILITY PARTNERSHIP: A limited liability partnership as defined in Chapter 8A. See Alabama Code 45-26-231.06
  • LIMITED PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 45-26-231.06
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mandatory control level RBC: means the product of . See Alabama Code 45-39A-13.08
  • mayor: The mayor or other chief executive officer of a municipality. See Alabama Code 45-39A-11
  • Member: means a person admitted under Section 10A-5A-4. See Alabama Code 45-4-100.01
  • 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

  • Minimum finance charge: The minimum, or fixed, finance charge that will be imposed during a billing cycle. A minimum finance charge usually applies only when a finance charge is imposed, that is, when you carry over a balance. Source: Federal Reserve
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • 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.
  • MUNICIPAL COURT: The Municipal Court of the City of Midfield. See Alabama Code 45-37A-331.02
  • municipality: Any incorporated city or town in Lauderdale County. See Alabama Code 45-39-250
  • naic: The National Association of Insurance Commissioners. See Alabama Code 45-39A-13.08
  • NEGATIVE TREND: With respect to a life or health insurer or a fraternal benefit society, a negative trend over a period of time, as determined in accordance with the trend test calculation included in the RBC instructions. See Alabama Code 45-39A-13.08
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • NONPROFIT CORPORATION: A domestic or foreign nonprofit corporation as defined in Chapter 3. See Alabama Code 45-26-231.06
  • oath: includes affirmation. See Alabama Code 30-3D-608
  • 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 45-26-231.06
  • officer: The term includes every person authorized to enforce the game and fish laws of this state, and whenever the possession, use, importation, transportation, storage, sale, offering, or exposing for sale of game birds, animals, or fish is prohibited or restricted, the prohibition or restriction shall extend to and include every part of the game, bird, animal, or fish, and a violation as to each animal, bird, or fish, or part thereof, shall be a separate offense. See Alabama Code 35-11-415
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • 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 45-26-231.06
  • Organization: means a general partnership, including a limited liability partnership; limited partnership, including a limited liability limited partnership; limited liability company; business trust; corporation; nonprofit corporation; professional corporation; or any other person having a governing statute. See Alabama Code 45-4-100.01
  • Organizational documents: means :

    (1) for a general partnership or foreign general partnership, its partnership agreement and if applicable, its registration as a limited liability partnership or a foreign limited liability partnership;

    (2) for a limited partnership or foreign limited partnership, its certificate of formation and partnership agreement, or comparable writings as provided in its governing statute;

    (3) for a limited liability company or foreign limited liability company, its certificate of formation and limited liability company agreement, or comparable writings as provided in its governing statute;

    (4) for a business or statutory trust or foreign business or statutory trust its agreement of trust and declaration of trust, or comparable writings as provided in its governing statute;

    (5) for a corporation for profit or foreign corporation for profit, its certificate of formation, bylaws, and other agreements among its shareholders that are authorized by its governing statute, or comparable writings as provided in its governing statute;

    (6) for a nonprofit corporation or foreign nonprofit corporation, its certificate of formation, bylaws, and other agreements that are authorized by its governing statute, or comparable writings as provided in its governing statute;

    (7) for a professional corporation or foreign professional corporation, its certificate of formation, bylaws, and other agreements among its shareholders that are authorized by its governing statute, or comparable writings as provided in its governing statute; and

    (8) for any other organization, the basic writings that create the organization and determine its internal governance and the relations among the persons that own it, have an interest in it, or are members of it. See Alabama Code 45-4-100.01

  • organizer: A person, who need not be an owner or member of the entity, who, having the capacity to contract, is authorized to execute documents in connection with the formation of the entity. See Alabama Code 45-26-231.06
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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
  • 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 45-26-231.06
  • 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.
  • PARTNERSHIP AGREEMENT: Any agreement (whether referred to as a partnership agreement or otherwise), written, oral or implied, of the partners as to the activities and affairs of a general partnership or a limited partnership. See Alabama Code 45-26-231.06
  • PATHOLOGICAL STUDY: The examination of body tissue for diagnostic or forensic purposes, and any related activities necessary to perform such study. See Alabama Code 45-39-234
  • 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: Such term shall include individuals, copartnerships, associations, trusts, corporations and any other legal entities. See Alabama Code 35-11-351
  • person: An individual, a partnership, a corporation or two or more individuals having a joint or common interest. See Alabama Code 32-6-15
  • person: An individual, group of individuals, partnership, association, corporation, or any other business unit or legal entity. See Alabama Code 35-11-454
  • person: Includes a natural person, a corporation, a partnership, an association, or any other entity. See Alabama Code 45-39A-11
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • 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.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • 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 CORPORATION: A domestic or foreign professional corporation as defined in Chapter 4. See Alabama Code 45-26-231.06
  • PROFESSIONAL SERVICE: Any type of service that may lawfully be performed only pursuant to a license issued by a state court, state regulatory licensing board, or other like agency pursuant to state laws. See Alabama Code 45-26-231.06
  • 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 AND CASUALTY INSURER: Any insurer licensed to do business in this state and authorized to transact property, marine, casualty, and/or surety insurance, but shall not include monoline mortgage guaranty insurers, financial guaranty insurers and title insurers. See Alabama Code 45-39A-13.08
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • provider: A health care provider duly licensed or certified by the State of Alabama. See Alabama Code 45-40-161
  • 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.
  • rbc: Risk-based capital. See Alabama Code 45-39A-13.08
  • RBC INSTRUCTIONS: The RBC report including risk-based capital instructions adopted by the NAIC, as the RBC instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. See Alabama Code 45-39A-13.08
  • RBC PLAN: A comprehensive financial plan containing the elements specified in subsection (b) of Section 27-2B-4. See Alabama Code 45-39A-13.08
  • RBC REPORT: The report required in Section 27-2B-3. See Alabama Code 45-39A-13.08
  • REAL ESTATE: Real property as defined in subdivision (7) of Section 1-1-1. See Alabama Code 35-11-450
  • real property: includes lands, tenements and hereditaments. See Alabama Code 30-3D-608
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Regulatory action level RBC: means the product of 1. See Alabama Code 45-39A-13.08
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • 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 45-39-234
  • 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 35-11-454
  • 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 35-4-73
  • SECRETARY OF STATE: The Secretary of State of the State of Alabama. See Alabama Code 45-26-231.06
  • Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
  • 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.
  • SHEEP OR GOAT PRODUCER: Any person residing in Alabama, any Alabama corporation, or Alabama legal business entity that owns or has a financial investment in sheep or goats located in Alabama. See Alabama Code 45-37A-331.04
  • 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
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • supervisor: The Supervisor of the Bureau of Loans of the State Banking Department. See Alabama Code 35-11-351
  • supervisor: The Supervisor of the Bureau of Loans or his or her designee. See Alabama Code 35-11-454
  • Surviving organization: means an organization into which one or more other organizations are merged under Article 10, whether the organization pre-existed the merger or was created pursuant to the merger. See Alabama Code 45-4-100.01
  • telecommunications: The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. See Alabama Code 45-39-250
  • TELECOMMUNICATIONS CARRIER: Any provider of telecommunications services, except that the term does not include aggregators of telecommunications services as defined in 47 U. See Alabama Code 45-39-250
  • TELECOMMUNICATIONS EQUIPMENT: Equipment, other than customer premises equipment, used by a provider of telecommunications to provide telecommunications services, and includes software integral to the equipment, including upgrades. See Alabama Code 45-39-250
  • TELECOMMUNICATIONS SERVICE: The offering of telecommunications, including servicing and repairing related equipment, for a fee directly to the public, or to the classes of users as to be effectively available directly to the public regardless of the facilities used, including, but not limited to, voice, data, imaging, and video transmissions and local telephone exchange service. See Alabama Code 45-39-250
  • 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.
  • 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.
  • TOTAL ADJUSTED CAPITAL: The sum of:

    a. See Alabama Code 45-39A-13.08

  • 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

  • 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.
  • Transfer: means an assignment, conveyance, deed, bill of sale, lease, mortgage, security interest, encumbrance, gift, or transfer by operation of law. See Alabama Code 45-4-100.01
  • Transferable interest: means a member's right to receive distributions from a limited liability company or a series thereof. See Alabama Code 45-4-100.01
  • Transferee: means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a member. See Alabama Code 45-4-100.01
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • trustee: A person who serves as a trustee of a trust, including a real estate investment trust. See Alabama Code 45-26-231.06
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • UNBORN INFANT: A human being in utero at any stage of development regardless of viability. See Alabama Code 45-39-234
  • UNDER SENTENCE OF IMPRISONMENT: As used in Section 13A-5-49(1), the term means while serving a term of imprisonment, while under a suspended sentence, while on probation or parole, or while on work release, furlough, escape, or any other type of release or freedom while or after serving a term of imprisonment, other than unconditional release and freedom after expiration of the term of sentence. See Alabama Code 45-39A-13.12
  • 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
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • UTILIZATION REVIEW: A system for prospective and concurrent review of the necessity and appropriateness in the allocation of health care resources and services given or proposed to be given to an individual within this state. See Alabama Code 45-40-161
  • UTILIZATION REVIEW AGENT: Any person or entity, including the State of Alabama, performing a utilization review, except the following:

    a. See Alabama Code 45-40-161

  • 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.
  • warden: The game and fish warden or agent provided for in the game and fish laws of this state. See Alabama Code 35-11-415
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.