Article 1 General Provisions 10A-8A-1.01 – 10A-8A-1.13
Article 2 Formation of Partnership; Property 10A-8A-2.01 – 10A-8A-2.05
Article 3 Relations of Partners to Persons Dealing with Partnership 10A-8A-3.01 – 10A-8A-3.08
Article 4 Relations of Partners to Each Other and to Partnership 10A-8A-4.01 – 10A-8A-4.14
Article 5 Transferees and Creditors of Partners 10A-8A-5.01 – 10A-8A-5.04
Article 6 Partner’s Dissociation 10A-8A-6.01 – 10A-8A-6.03
Article 7 Person’s Dissociation as a Partner when Business or Not for Profit Activity Not Wound Up 10A-8A-7.01 – 10A-8A-7.05
Article 8 Dissolution and Winding Up 10A-8A-8.01 – 10A-8A-8.13
Article 9 Conversions and Mergers 10A-8A-9.01 – 10A-8A-9.13
Article 10 Limited Liability Partnership 10A-8A-10.01 – 10A-8A-10.03
Article 11 Transition Rules and Miscellaneous Provisions 10A-8A-11.01 – 10A-8A-11.10

Terms Used In Alabama Code > Title 10A > Chapter 8A

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • agency: Any state agency responsible for administering programs under Title IV-D or Title XIX of the Social Security Act. See Alabama Code 27-21B-2
  • agent: A person who is appointed or employed by a health maintenance organization and who engages in solicitation of membership in such organization. See Alabama Code 27-21A-1
  • agreement: The bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. See Alabama Code 8-1A-2
  • ALABAMA INSURANCE CODE: Title 27 of the Code of Alabama 1975. See Alabama Code 27-19A-2
  • alcoholism: A chronic disorder or illness in which the individual is unable, for psychological or physical reasons, or both, to refrain from the frequent consumption of alcohol in quantities sufficient to produce intoxication and, ultimately, injury to health and effective functioning. See Alabama Code 27-20A-1
  • 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.
  • APPARENT OWNER: A person whose name appears on the records of a holder as the person entitled to property held, issued, or owing by the holder. See Alabama Code 35-12-71
  • 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.
  • assessment: A standardized diagnostic evaluation for placement in a treatment program. See Alabama Code 45-41-83.01
  • asset: Property of a debtor, but the term does not include:

    a. See Alabama Code 8-9A-1

  • association: as used in this article , shall refer to agricultural cooperative marketing associations and other organizations, whether incorporated or not, which have for their objects engaging in activities similar to those of a cooperative marketing association. See Alabama Code 2-10-20
  • AUTHORIZING AMENDMENT: That certain amendment to the Constitution of Alabama of 1901, as amended, proposed by Act 88-479 enacted at the 1988 Regular Session of the Legislature. See Alabama Code 45-41-141
  • AUTOMATED TRANSACTION: A transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. See Alabama Code 8-1A-2
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • BASIC HEALTH CARE SERVICES: Emergency care, inpatient hospital and physician care, and outpatient medical services. See Alabama Code 27-21A-1
  • Bequeath: To gift property by will.
  • Bequest: Property gifted by will.
  • board: The Alabama Board of Agriculture and Industries. See Alabama Code 8-17-80
  • board: The Lee County Alternative Sentencing Board. See Alabama Code 45-41-83.01
  • board: The State Board of Agriculture and Industries. See Alabama Code 2-8-310
  • board: The State Board of Agriculture and Industries. See Alabama Code 2-8-350
  • brand: The trade name or other designation under which a particular petroleum product is sold, offered for sale, or otherwise identified. See Alabama Code 8-17-80
  • broker: A broker as defined in Section 34-27-2. See Alabama Code 35-11-450
  • budget year: shall mean the fiscal year for which any particular budget is adopted and in which it is administered. See Alabama Code 11-43A-29
  • BULK TRANSFER: Any transfer of motor fuel from one location to another by pipeline tender or marine delivery within a bulk transfer/terminal system, including, but not limited to, the following:

    a. See Alabama Code 8-17-80

  • BULK USER: A person who receives into his or her own storage facilities, in transport truck lots, taxable motor fuel for his or her own consumption. See Alabama Code 8-17-80
  • Business: includes every trade, occupation, and profession for profit. See Alabama Code 10A-8A-1.02
  • BUSINESS ASSOCIATION: A corporation, joint stock company, investment company, partnership, unincorporated association, joint venture, limited liability company, business trust, trust company, safe deposit company, financial organization, insurance company, mutual fund, utility, or other business entity consisting of one or more persons, whether or not for profit. See Alabama Code 35-12-71
  • CHARITABLE ORGANIZATION: Any benevolent, philanthropic, or patriotic person, or one purporting to be such, consistent with the then-controlling definition provided in the Internal Revenue Code of the United States of America, which solicits and collects funds for charitable purposes and includes each local, county, or area division within this state of the charitable organization; provided the local, county, or area division has authority and discretion to disburse funds or property otherwise than by transfer to any parent organization. See Alabama Code 13A-9-70
  • CHARITABLE ORGANIZATION: A person or nonprofit corporation who is or holds himself or herself out to be established for a benevolent, educational, philanthropic, humane, scientific, artistic, patriotic, social welfare or advocacy, public health, environmental, conservation, civic, or other eleemosynary purpose, or a person who employs a charitable appeal as the basis for any solicitation or appeal that suggests, directly or indirectly, that the solicitation is for a charitable purpose. See Alabama Code 13A-9-80
  • CHARITABLE PURPOSE: Any charitable, benevolent, philanthropic, or patriotic purpose which is consistent with the then-controlling definition provided in the Internal Revenue Code of the United States of America. See Alabama Code 13A-9-70
  • CHARITABLE PURPOSE: Any charitable, benevolent, philanthropic, humane, patriotic, scientific, artistic, public health, social welfare, advocacy, environmental, conservation, civic, or other eleemosynary purpose as defined and amended, from time to time, by the Internal Revenue Code. See Alabama Code 13A-9-80
  • CIVIL RIGHTS ORGANIZATION: Any charitable organization exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code that is organized to protect the rights of persons against deprivation, discrimination, or denial of their right to equal protection of the laws under the Constitution of the United States of America because of color, race, religion, sex, age, disability, or national origin. See Alabama Code 13A-9-70
  • claim: A right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured, and specifically shall include the nonpayment of child support pursuant to a court order. See Alabama Code 8-9A-1
  • 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
  • code: The Code of Alabama 1975, as amended. See Alabama Code 45-41-141
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • COMMERCIAL BUILDING: Any building, structure, or other improvement to real property, excluding, however, any dwelling that:

    a. See Alabama Code 45-41-141

  • COMMERCIAL CO-VENTURER: Any person who for profit or other commercial consideration conducts, promotes, underwrites, arranges, or sponsors a sale, performance, or event of any kind which is advertised, and which will benefit, to any extent, a charitable or religious organization. See Alabama Code 13A-9-70
  • Commercial or nongame fish: as used in this article shall be limited to those freshwater fish designated as such by the Department of Conservation and Natural Resources and all species of saltwater fish. See Alabama Code 9-11-170
  • 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
  • commission: The Lee County Commission or other governing body of the county. See Alabama Code 45-41-141
  • commissioner: The Alabama Commissioner of Agriculture and Industries. See Alabama Code 8-17-80
  • commissioner: The Commissioner of Insurance. See Alabama Code 27-21A-1
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 2-8-310
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 2-8-350
  • company: means any franchised or other duly licensed company which is operated or intended to be operated to perform the service of receiving and amplifying the signals broadcast by one or more television stations and redistributing such signals by wire, cable or other device or means for accomplishing such redistribution, to members of the public who subscribe to such service, or distributing through such company's antennae, poles, wires, cables, conduits or other property used in providing service to its subscribers and customers any television signals whether broadcast or not. See Alabama Code 13A-8-120
  • COMPLETE WRITTEN INSTRUMENT: One which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof. See Alabama Code 13A-9-1
  • computer: An electronic, magnetic, optical, electrochemical, or other high speed data processing device or system that performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, or communication facilities that are connected or related to the device. See Alabama Code 13A-8-111
  • COMPUTER NETWORK: The interconnection of two or more computers or computer systems that transmit data over communication circuits connecting them. See Alabama Code 13A-8-111
  • COMPUTER SYSTEM: A set of related or interconnected computer or computer network equipment, devices and software. See Alabama Code 13A-8-111
  • Constituent organization: means an organization that is party to a merger under this article. See Alabama Code 10A-8A-9.01
  • Constituent partnership: means a constituent organization that is a partnership. See Alabama Code 10A-8A-9.01
  • container: Box, carton, package, receptacle, canister, jar, dispenser, or machine that offers a product for sale or distribution, for solicitation purposes. See Alabama Code 13A-9-80
  • contract: The total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law. See Alabama Code 8-1A-2
  • CONTRACTUAL OBLIGATION: Any obligation under covered policies or employee benefit plans. See Alabama Code 27-19A-2
  • contribution: The promise or grant of any money or property of any kind or value, including the promise to pay, except payments by members of an organization for membership fees, dues, fines, or assessments, or for services rendered to individual members, if membership in the organization confers a bona fide right, privilege, professional standing, honor, or other direct benefit, other than the right to vote, elect officers, or hold offices, and except money or property received from any governmental authority. See Alabama Code 13A-9-70
  • 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 10A-1-1.03
  • CONVERTED ENTITY: An entity resulting from a conversion. See Alabama Code 10A-1-1.03
  • Converted organization: means the organization into which a converting organization converts pursuant to this article. See Alabama Code 10A-8A-9.01
  • CONVERTING ENTITY: An entity as the entity existed before the entity's conversion. See Alabama Code 10A-1-1.03
  • Converting organization: means an organization that converts into another organization pursuant to this article. See Alabama Code 10A-8A-9.01
  • Converting partnership: means a converting organization that is a partnership. See Alabama Code 10A-8A-9.01
  • conveyance: A sale, lease, or other transfer of commercial real estate. See Alabama Code 35-11-450
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: Lee County, Alabama. See Alabama Code 45-41-141
  • court: Every court and judge having jurisdiction in a case. See Alabama Code 10A-1-1.03
  • 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.
  • COVERED POLICY OR PLAN: Any policy, employee benefit plan, or contract within the scope of this chapter. See Alabama Code 27-19A-2
  • 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
  • creditor: A person who has a claim. See Alabama Code 8-9A-1
  • data: A representation of information, knowledge, facts, concepts, or instructions, which are prepared and are intended for use in a computer, computer system, or computer network. See Alabama Code 13A-8-111
  • debt: Liability on a claim. See Alabama Code 8-9A-1
  • debtor: A person who is liable on a claim. See Alabama Code 8-9A-1
  • Decedent: A deceased person.
  • Defense attorney: Represent defendants in criminal matters.
  • DENTAL CARE SERVICES: Any services furnished to any person for the purpose of preventing, alleviating, curing, or healing human dental illness or injury. See Alabama Code 27-19A-2
  • dentist: Any person who furnishes dental care services and who is licensed as a dentist by the State of Alabama. See Alabama Code 27-19A-2
  • department: The Alabama Department of Agriculture and Industries. See Alabama Code 8-17-80
  • department: The Department of Agriculture and Industries. See Alabama Code 2-8-350
  • department: The Department of Agriculture and Industries. See Alabama Code 2-8-381
  • detoxification: Supervised physical withdrawal from alcohol. See Alabama Code 27-20A-1
  • DIESEL FUEL: Any liquid that is advertised, offered for sale, or sold for use as or used as a motor fuel in a diesel-powered engine. See Alabama Code 8-17-80
  • DISCLOSURE LABEL: A printed or typed notice affixed to a container, in a conspicuous place and accessible to the public, that is easily readable and legible that informs the public of the following:

    a. See Alabama Code 13A-9-80

  • Disqualified person: means any person who is not a qualified person. See Alabama Code 10A-8A-1.02
  • Distribution: except as otherwise provided in Section 10A-8A-4. See Alabama Code 10A-8A-1.02
  • district: A fire fighting district established pursuant to Amendment 392 or any law providing for the implementation of the authorizing amendment of Amendment 392. See Alabama Code 45-41-141
  • DISTRICT FIRE PROTECTION FUND: A district fire protection fund established and maintained in the county treasury pursuant to this part. See Alabama Code 45-41-141
  • domestic: With respect to an entity, that the entity is formed and exists pursuant to this title. See Alabama Code 10A-1-1.03
  • domicile: The state of incorporation of a corporation and the state of the principal place of business of a holder other than a corporation. See Alabama Code 35-12-71
  • drug: Includes all of the following:

    a. See Alabama Code 45-41-83.01

  • dwelling: Any building, structure, or other improvement to real property used or expected to be used as a dwelling or residence for one or more human beings, including specifically and without limiting the generality of the foregoing,

    a. See Alabama Code 45-41-141

  • DYED DIESEL FUEL: Diesel fuel that meets the dyeing and marking requirements of Section 4082, Title 26 of the United States Code. See Alabama Code 8-17-80
  • DYED KEROSENE: Kerosene that meets the dyeing and marking requirements of Section 4082, Title 26 of the United States Code. See Alabama Code 8-17-80
  • EDUCATIONAL INSTITUTION: A school, college, or other institution which has a defined curriculum, student body, and faculty and which conducts classes on a regular basis. See Alabama Code 13A-9-70
  • electronic: Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 10A-1-1.03
  • electronic: Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, telephonic, or similar capabilities. See Alabama Code 8-1A-2
  • ELECTRONIC AGENT: A computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual. See Alabama Code 8-1A-2
  • 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
  • ELECTRONIC RECORD: A record created, generated, sent, communicated, received, or stored by electronic means. See Alabama Code 8-1A-2
  • ELECTRONIC SIGNATURE: An electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Alabama Code 8-1A-2
  • EMPLOYEE BENEFIT PLAN: Any plan, fund, or program heretofore or hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that such plan, fund, or program was established or is maintained for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, dental care benefits in the event of accident or sickness. See Alabama Code 27-19A-2
  • enrollee: An individual who is enrolled in a health maintenance organization. See Alabama Code 27-21A-1
  • 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
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • EVIDENCE OF COVERAGE: Any certificate, agreement, or contract issued to an enrollee setting out the coverage to which he is entitled. See Alabama Code 27-21A-1
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • 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.
  • FAIR MARKET VALUE: The fair and reasonable market value (or, if applicable, the current use value) of a commercial building or dwelling (as the case may be), as such value is appraised by the tax assessor or the State Department of Revenue pursuant to applicable provisions of the code, prior to the assessment thereof for purposes of state or county ad valorem taxation pursuant to Section 40-8-1. See Alabama Code 45-41-141
  • FALSELY ALTER: To "falsely alter" a written instrument means to change, without lawful authority, a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, addition or transportation of matter, or in any other manner, so that the instrument so changed falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him. See Alabama Code 13A-9-1
  • FALSELY COMPLETE: To "falsely complete" a written instrument means to transform, by adding, inserting or changing matter, an incomplete written instrument into a complete one, without lawful authority, so that the completed written instrument falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him. See Alabama Code 13A-9-1
  • FALSELY MAKE: To "falsely make" a written instrument means to make or draw a complete written instrument in its entirety, or an incomplete written instrument, which purports to be authentic creation of its ostensible maker, but which is not either because the ostensible maker is fictitious or because, if real, he did not authorize the making or drawing thereof. See Alabama Code 13A-9-1
  • FILING ENTITY: A domestic entity that is a corporation, limited partnership, limited liability limited partnership, limited liability company, professional association, employee cooperative corporation, or real estate investment trust. See Alabama Code 10A-1-1.03
  • FILING INSTRUMENT: An instrument, document, or statement that is required or permitted by this title to be delivered for filing by or for an entity to a filing officer. See Alabama Code 10A-1-1.03
  • 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
  • FINANCIAL CHARGE: A financial charge or assessment levied by the commission in accordance with the authorizing amendment and this part. See Alabama Code 45-41-141
  • FINANCIAL ORGANIZATION: A savings and loan association, building and loan association, industrial loan organization, credit union, cooperative bank, bank, or banking organization. See Alabama Code 35-12-71
  • FIRE PROTECTION CORPORATION: Any public corporation, district, or authority that is:

    a. See Alabama Code 45-41-141

  • Forbearance: A means of handling a delinquent loan. A
  • 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 ENTITY: An organization formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • FOREIGN FILING ENTITY: A foreign entity that registers or is required to register as a foreign entity under Article 7. See Alabama Code 10A-1-1.03
  • Foreign limited liability partnership: means a foreign partnership whose partners have limited liability for the debts, obligations, or other liabilities of the foreign partnership under a provision similar to Section 10A-8A-3. See Alabama Code 10A-8A-1.02
  • FOREIGN LIMITED PARTNERSHIP: A foreign limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • Foreign partnership: means a partnership governed by the laws of a jurisdiction other than this state which would be a partnership if governed by the laws of this state. See Alabama Code 10A-8A-1.02
  • FORGED INSTRUMENT: A written instrument which has been falsely made, completed or altered. See Alabama Code 13A-9-1
  • 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
  • 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
  • gasoline: Any product commonly or commercially known as gasoline, regardless of classification, that is advertised, offered for sale, or sold for use as or used as motor fuel in an internal combustion engine, including gasohol and blended fuel which contains gasoline. See Alabama Code 8-17-80
  • GENERAL PROPERTY INSTRUMENT: A real property instrument that affects the title to personal property as well as real property. See Alabama Code 45-41-84.01
  • government: Such term is defined as in Section 13A-8-1(5). See Alabama Code 13A-9-1
  • GOVERNMENTAL AGENCY: An executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state. See Alabama Code 8-1A-2
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grantor: The person who establishes a trust and places property into it.
  • grower: Any person, business entity, or cooperative licensed to grow industrial hemp by the department or an institution of higher education pursuant to this article. See Alabama Code 2-8-381
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • HEALTH CARE SERVICES: Any services included in the furnishing to any individual of medical or dental care, or hospitalization or incident to the furnishing of such care or hospitalization, as well as the furnishing to any person of any and all other services for the purpose of preventing, alleviating, curing, or healing human illness, injury, or physical disability. See Alabama Code 27-21A-1
  • HEALTH INSURANCE POLICY: Any individual, group, blanket, or franchise insurance policy, insurance agreement, or group hospital service contract providing benefits for dental care expenses incurred as a result of an accident or sickness. See Alabama Code 27-19A-2
  • HEALTH MAINTENANCE ORGANIZATION: Any person that undertakes to provide or arrange for basic health care services through an organized system which combines the delivery and financing of health care to enrollees. See Alabama Code 27-21A-1
  • 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 2-8-381
  • holder: A person in possession of property belonging to another, or who is a trustee in case of a trust, obligated to hold for the account of, or deliver to, or pay to, the owner or apparent owner as applicable, property that is subject to this article. See Alabama Code 35-12-71
  • importer: A person who imports petroleum products into this state. See Alabama Code 8-17-80
  • IMPROVED INDEXING SYSTEM: A system of indexing real property instruments and personal property instruments in the probate office and, in the discretion of the judge of probate, of indexing other instruments and documents, which system when completed, shall consist of the equipment necessary and suitable to prepare and index records. See Alabama Code 45-41-84.01
  • includes: Is not a limiting term. See Alabama Code 8-9A-1
  • INCOMPLETE WRITTEN INSTRUMENT: One which contains some matter by way of content or authentication, but which requires additional matter in order to render it a complete written instrument. See Alabama Code 13A-9-1
  • individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 10A-1-1.03
  • information: Data, text, images, sounds, codes, computer programs, software, databases, or the like. See Alabama Code 8-1A-2
  • INFORMATION PROCESSING SYSTEM: An electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. See Alabama Code 8-1A-2
  • INPATIENT TREATMENT FOR ALCOHOLISM: Care provided in a licensed hospital and is normally limited to detoxification where severe medical or psychiatric complications are present or may be anticipated. See Alabama Code 27-20A-1
  • insider: Includes:

    a. See Alabama Code 8-9A-1

  • INSPECTION FEE PERMIT HOLDER: A person to whom the Department of Revenue has issued an inspection fee permit. See Alabama Code 8-17-80
  • INSTITUTION OF HIGHER EDUCATION: A postsecondary institution, as defined in 20 U. See Alabama Code 2-8-381
  • INSURANCE COMPANY: An association, corporation, or fraternal or mutual benefit organization, whether or not for profit, engaged in the business of providing life endowments, annuities, or insurance, including, but not limited to, accidental, burial, casualty, credit life, contract performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage protection, and workers' compensation insurance. See Alabama Code 35-12-71
  • insurer: Such term shall have the meaning ascribed in Section 27-1-2. See Alabama Code 27-19A-2
  • insurer: Every insurer authorized in this state to issue contracts of accident and sickness insurance. See Alabama Code 27-21A-1
  • insurer: A health insurer, including a group health plan as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, a health maintenance organization, or an entity offering a service benefit plan. See Alabama Code 27-21B-2
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • INTENT TO DEFRAUD: A purpose to use deception, as defined in Section 13A-8-1(1), or to injure another person's interest which has value, as defined in Section 13A-8-1(14). See Alabama Code 13A-9-1
  • Intestate: Dying without leaving a will.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • 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 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.
  • juries: include courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law. See Alabama Code 1-1-1
  • kerosene: All grades of kerosene, including, but not limited to, the two grades of kerosene, No. See Alabama Code 8-17-80
  • 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 10A-1-1.03
  • lien: A charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common law lien, or a statutory lien. See Alabama Code 8-9A-1
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 10A-1-1.03
  • LIMITED LIABILITY LIMITED PARTNERSHIP: A limited liability limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • LIMITED LIABILITY PARTNERSHIP: A limited liability partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • LIMITED PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • LUBRICATING OIL: Those products of petroleum that are commonly used in lubricating or oiling engines and any devices or substitutes for such products of petroleum. See Alabama Code 8-17-80
  • 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

  • mineral: Gas; oil; coal; other gaseous, liquid, and solid hydrocarbons; oil shale; cement material; sand and gravel; road material; building stone; chemical raw material; gemstone; fissionable and nonfissionable ores; colloidal and other clay; steam and other geothermal resource; or any other substance defined as a mineral by the law of this state. See Alabama Code 35-12-71
  • MINERAL PROCEEDS: Amounts payable for the extraction, production, or sale of minerals, or, upon the abandonment of those payments, all payments that become payable thereafter. See Alabama Code 35-12-71
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • municipality: An incorporated city or town. See Alabama Code 45-41-141
  • NET GALLONS: The amount of dyed diesel fuel and dyed kerosene measured in gallons when adjusted to a temperature of 60 degrees Fahrenheit and a pressure of fourteen and seven-tenths pounds pressure per square inch. See Alabama Code 8-17-80
  • NONPROFIT CORPORATION: A domestic or foreign nonprofit corporation as defined in Chapter 3. See Alabama Code 10A-1-1.03
  • Not for profit activity: includes every undertaking not for profit. See Alabama Code 10A-8A-1.02
  • 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 9-11-1
  • 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 10A-1-1.03
  • Organization: means a 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 10A-8A-9.01
  • Organizational documents: means :

    (A)(i) for a partnership, its partnership agreement and, if applicable, its statement of partnership, statement of not for profit partnership, or statement of limited liability partnership; and (ii) for a foreign partnership, its partnership agreement and, if applicable, its statement of foreign limited liability partnership;

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

    (C) 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;

    (D) 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;

    (E) 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;

    (F) 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;

    (G) 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

    (H) 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 10A-8A-9.01

  • OUTPATIENT TREATMENT: Treatment rendered in a nonresidential setting and using an intermittent, periodic schedule of visits. See Alabama Code 27-20A-1
  • 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 45-41-141
  • owner: A person who has a legal or equitable interest in property subject to this article or the person's legal representative. See Alabama Code 35-12-71
  • owner: An owner or lessee of a computer or a computer network, or an owner, lessee, or licensee of computer data, computer programs, or computer software. See Alabama Code 13A-8-111
  • participant: A person who has been approved for participation in the program. See Alabama Code 45-41-83.01
  • Partner: means a person that:

    (A) has become a partner in a partnership under Section 10A-8A-4. See Alabama Code 10A-8A-1.02

  • Partnership: means an entity that is formed under this chapter or that is governed by this chapter. See Alabama Code 10A-8A-1.02
  • Partnership agreement: means any agreement (whether referred to as a partnership agreement or otherwise), written, oral or implied, of the partners as to the business or not for profit activity of a partnership. See Alabama Code 10A-8A-1.02
  • Partnership at will: means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking. See Alabama Code 10A-8A-1.02
  • PARTY TO THE MERGER: A domestic entity or non-code organization that under a plan of merger is combined by a merger. See Alabama Code 10A-1-1.03
  • PERMISSIVE SUPPLIER: An out-of-state supplier that elects, but is not required, to have a supplier's license as required in Section 40-17-332. See Alabama Code 8-17-80
  • person: Any individual, organization, group, association, partnership, corporation, trust, or any combination of them. See Alabama Code 13A-9-70
  • person: Any individual, partnership, corporation, business, trust, or other legal entity. See Alabama Code 13A-9-110
  • person: Any natural person, firm, partnership, association, corporation, receiver, trust, estate, or other entity as well as any other group or combination thereof acting as a unit. See Alabama Code 8-17-80
  • person: Such term shall have the meaning ascribed in Section 27-1-2. See Alabama Code 27-19A-2
  • person: Any natural or artificial person including, but not limited to, individuals, partnerships, associations, trusts, or corporations. See Alabama Code 27-21A-1
  • person: An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Alabama Code 8-1A-2
  • person: An individual, partnership, corporation, association, organization, government, or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity. See Alabama Code 8-9A-1
  • person: An individual, business association, financial organization, estate, trust, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 35-12-71
  • Person dissociated as a partner: means a person dissociated as a partner of a partnership. See Alabama Code 10A-8A-1.02
  • PERSON FIRST SELLING: Any person, as herein defined, who first sells dyed diesel fuel, dyed kerosene, and/or lubricating oil in Alabama on which an inspection fee is imposed by this article. See Alabama Code 8-17-80
  • PERSONAL PROPERTY INSTRUMENT: Any instrument or document affecting the title to personal property only, as distinguished from real property, that may be now or hereafter titled for record in the probate office, in accordance with the applicable requirements of the law of this state, including and particularly Sections 34-4-50 and 34-4-90. See Alabama Code 45-41-84.01
  • PETROLEUM PRODUCTS: Gasoline, diesel fuel, and lubricating oil. See Alabama Code 8-17-80
  • 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.
  • POLITICAL ORGANIZATION: A party, committee, association, fund, or other organization, whether or not incorporated, which is organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures, or both, for an exempt function pursuant to 26 U. See Alabama Code 13A-9-70
  • 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.
  • PROFESSIONAL CORPORATION: A domestic or foreign professional corporation as defined in Chapter 4. See Alabama Code 10A-1-1.03
  • PROFESSIONAL FUND RAISER: Any person who for compensation or other consideration plans, conducts, manages, or carries on any drive or campaign in this state for the purpose of soliciting contributions for or on behalf of any charitable organization or any other person, or who engages in the business of, or holds himself or herself out to persons in this state as independently engaged in the business of soliciting contributions for such purposes. See Alabama Code 13A-9-70
  • 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 10A-1-1.03
  • PROFESSIONAL SOLICITOR: Any person who is employed or retained for compensation by a professional fund raiser to solicit contributions for charitable purposes in this state. See Alabama Code 13A-9-70
  • program: The Lee County Alternative Sentencing Program. See Alabama Code 45-41-83.01
  • property: Such term is defined as in Section 13A-8-1(10). See Alabama Code 13A-9-1
  • property: Both real and personal property, whether tangible or intangible, and any interest in property whether legal or equitable and includes anything that may be the subject of ownership. See Alabama Code 8-9A-1
  • property: Tangible property held in a safe deposit box or other safekeeping depository in this state, and fixed and certain interest in intangible property that is held, issued, or owed in the course of a holder's business, or by a government, governmental subdivision, agency, or instrumentality, and all income or increments therefrom. See Alabama Code 35-12-71
  • property: Includes a financial instrument, data, databases, data while in transit, computer software, computer programs, documents associated with computer systems and computer programs, or copies whether tangible or intangible. See Alabama Code 13A-8-111
  • provider: Any physician, hospital, or other person which is licensed or otherwise authorized in this state to furnish health care services. See Alabama Code 27-21A-1
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • REAL ESTATE: Real property as defined in subdivision (7) of Section 1-1-1. See Alabama Code 35-11-450
  • REAL PROPERTY INSTRUMENT: Includes any instrument or document affecting the title to real property that may now or hereafter be filed for record in the probate office pursuant to the applicable requirements of the laws of this state, including but without limitation to, Section 12-13-43, and all statutes providing for the filing and recording of notices or statements of liens of any kind, notices of judgments, and plats or maps showing subdivisions of real estate. See Alabama Code 45-41-84.01
  • record: 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 8-1A-2
  • record: 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 35-12-71
  • 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
  • relative: An individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree. See Alabama Code 8-9A-1
  • RELIGIOUS ORGANIZATION: Any society, sect, persuasion, mission, church, parish, congregation, temple, convention, or association of any of the foregoing, diocese or presbytery, or other organization, whether or not incorporated, or any employee thereof, no part of the net earnings of which inures to the benefit of any private party or individual associated with such an organization and that otherwise qualifies as an exempt organization under Section 501(c)(3) of Title 26, United States Code, as amended. See Alabama Code 13A-9-70
  • Required information: means the information that a partnership is required to maintain under Section 10A-8A-1. See Alabama Code 10A-8A-1.02
  • residence: A single or multiple family dwelling including, but not limited to, a single-family home, apartment building, condominium, duplex, townhouse, or mobile home which is used or intended to be used by its occupants as their dwelling place. See Alabama Code 13A-9-110
  • retailer: A person other than a wholesale distributor that engages in the business of selling or distributing taxable motor fuel to the end user within this state. See Alabama Code 8-17-80
  • rules: Rules necessary to carry out this article adopted pursuant to the Administrative Procedure Act. See Alabama Code 35-12-71
  • SCHEDULE OF CHARGES: A statement of the method used by a health maintenance organization to establish rates. See Alabama Code 27-21A-1
  • SERVICE AREA: The geographic area or areas in which a fire protection corporation is authorized, whether by statute, by its certificate of incorporation, or similar corporate charter (as such may from time to time be amended), or otherwise, to provide or render fire protection, fire prevention, and related services, as such area or areas may from time to time exist. See Alabama Code 45-41-141
  • services: Such term is defined as in Section 13A-8-10(b). See Alabama Code 13A-9-1
  • SHORT TERM RESIDENTIAL ALCOHOLISM TREATMENT FACILITY: A state certified facility which provides structured programs of intensive treatment services for people addicted to alcohol. See Alabama Code 27-20A-1
  • Spearing: as used in this article shall be limited to the use of a spear or similar instrument that is held in the hand of the person using same and the use of a weapon, other than a firearm, which propels or forces a projectile, arrow or similar device therefrom to which a wire, rope, line, cord or other means of recovering the propelled projectile, arrow or similar device is attached and is secured to the weapon or to the person using the weapon. See Alabama Code 9-11-170
  • state: The State of Alabama. See Alabama Code 8-17-80
  • 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
  • state: The State of Alabama. See Alabama Code 45-41-141
  • state: A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Alabama Code 8-1A-2
  • state: A state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Alabama Code 35-12-71
  • STATE HEALTH OFFICER: The executive officer of the State Department of Public Health. See Alabama Code 27-21A-1
  • Statement: means a statement of partnership under Section 10A-8A-2. See Alabama Code 10A-8A-1.02
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • supplier: A person who is subject to the general taxing jurisdiction of this state and registered under Section 4101 of the Internal Revenue Code for transactions in motor fuel in the bulk transfer/terminal distribution system and who owns motor fuel in the bulk transfer/terminal system, or a person who receives motor fuel in this state pursuant to a two-party exchange. See Alabama Code 8-17-80
  • Surviving organization: means an organization into which one or more other organizations are merged under this article, whether the organization pre-existed the merger or was created pursuant to the merger. See Alabama Code 10A-8A-9.01
  • TAX ASSESSOR: The tax assessor of the county. See Alabama Code 45-41-141
  • TAX COLLECTOR: The tax collector of the county. See Alabama Code 45-41-141
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • 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.
  • transaction: An action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. See Alabama Code 8-1A-2
  • Transfer: means an assignment, conveyance, deed, bill of sale, lease, mortgage, security interest, encumbrance, gift, or transfer by operation of law. See Alabama Code 10A-8A-1.02
  • transfer: Every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance. See Alabama Code 8-9A-1
  • Transferable interest: means a partner's right to receive distributions from a partnership. See Alabama Code 10A-8A-1.02
  • Transferee: means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a partner. See Alabama Code 10A-8A-1.02
  • treasurer: The county treasurer of the county. See Alabama Code 45-41-141
  • treasurer: The Treasurer of the State of Alabama, or the designee of the Treasurer. See Alabama Code 35-12-71
  • trustee: A person who serves as a trustee of a trust, including a real estate investment trust. See Alabama Code 10A-1-1.03
  • UNCOVERED EXPENDITURES: The costs of health care services that are covered by a health maintenance organization, for which an enrollee would also be liable in the event of the organization's insolvency. See Alabama Code 27-21A-1
  • UNDYED DIESEL FUEL: Diesel fuel that has not been dyed in accordance with the Internal Revenue Service fuel dyeing provisions. See Alabama Code 8-17-80
  • UNIT OF PROPERTY: Any dwelling or commercial building, together with the real property on which it is situated or to which it is appurtenant. See Alabama Code 45-41-141
  • utility: Any person who owns or operates, for public use, any plant, equipment, real property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas. See Alabama Code 35-12-71
  • utter: means to directly or indirectly offer, assert, declare or put forth a forged instrument as genuine. See Alabama Code 13A-9-1
  • VALID LIEN: A lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. See Alabama Code 8-9A-1
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • VIOLENT OFFENSE: An offense or charge as defined in subdivision (14) of Section 12-25-32, to also include chemical endangerment of a child pursuant to Section 26-15-3. See Alabama Code 45-41-83.01
  • VOLUNTEER FIRE DEPARTMENT: Any volunteer fire department with which the commission, pursuant to Amendment 392, may enter into an agreement or agreements with respect to providing fire protection, fire prevention, and related services and facilities within the county. See Alabama Code 45-41-141
  • WRITTEN INSTRUMENT: Such term means:

    a. See Alabama Code 13A-9-1