Article 1 General Provisions 16-47-1 – 16-47-16
Article 2 Board of Trustees 16-47-30 – 16-47-37
Article 3 Dental College of Alabama 16-47-50 – 16-47-81
Article 4 University of Alabama School of Medicine 16-47-90 – 16-47-129
Article 5 University of Alabama School of Nursing 16-47-130 – 16-47-137
Article 6 University of Alabama, Huntsville 16-47-150 – 16-47-152
Article 7 School of Social Work of Alabama 16-47-170 – 16-47-175
Article 8 University of Alabama Museum 16-47-190 – 16-47-204
Article 9 Alabama Physician’s Assistants Service Program 16-47-220 – 16-47-225
Article 10 University of Alabama at Birmingham 16-47-240

Terms Used In Alabama Code > Title 16 > Chapter 47

  • administrator: The person designated by a provider to be responsible for the administration of service contracts or the service contracts plan or to make the filings required by this chapter. See Alabama Code 8-32-2
  • administrator: A third party other than the warrantor who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties. See Alabama Code 8-33-2
  • 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.
  • AFFECTED LAND: The area of land from which overburden has been removed or upon which overburden has been deposited after October 1, 1970. See Alabama Code 9-16-2
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • affiliate: A person who controls, is controlled by, or is under common control with another person. See Alabama Code 10A-1-1.03
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • AFTERMARKET CRASH PART: A replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels. See Alabama Code 32-17A-1
  • ALABAMA DEPARTMENT OF YOUTH SERVICES: The state department of that name or any other department created by the legislature in lieu of said department. See Alabama Code 44-3-1
  • alley: A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic. See Alabama Code 32-1-1.1
  • 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.
  • 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.
  • 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.
  • association: Includes, but is not limited to, an unincorporated nonprofit association as defined in Chapter 17 and an unincorporated professional association as defined in Article 1 of Chapter 30. See Alabama Code 10A-1-1.03
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Authorized stock: means the stock of all classes and series a corporation or foreign corporation is authorized to issue. See Alabama Code 10A-2A-1.40
  • 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.
  • Beneficial stockholder: means a person who owns the beneficial interest in stock, which may be a record stockholder or a person on whose behalf shares of stock are registered in the name of an intermediary or nominee. See Alabama Code 10A-2A-1.40
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • bicycle: Every device propelled by human power upon which any person may ride, having two tandem wheels either of which is more than 14 inches in diameter. See Alabama Code 32-1-1.1
  • board: The Board of Directors of the Alabama State Port Authority. See Alabama Code 33-1-1.1
  • BOARD OF DIRECTORS: That body of persons selected in accordance with the articles of incorporation and bylaws of a corporation formed pursuant to this chapter. See Alabama Code 44-3-1
  • BOARD OF DIRECTORS: The group of persons vested with the management of the affairs of the corporation irrespective of the name by which the group is designated. See Alabama Code 10A-3-1.02
  • bylaws: The code or codes of rules adopted for the regulation or management of the affairs of the corporation irrespective of the name or names by which the rules are designated. See Alabama Code 10A-3-1.02
  • CERTIFICATE OF DISSOLUTION: Any document such as a certificate of dissolution, statement of dissolution, or articles of dissolution, required or permitted to be filed publicly with respect to an entity's dissolution and winding up of its business, activity, activities, not for profit activity, or affairs. See Alabama Code 10A-1-1.03
  • certificate of incorporation: as used in this chapter is synonymous to the term "certificate of formation" used in Chapter 1. See Alabama Code 10A-2A-1.40
  • certification: Duly authenticated by the proper officer or filing officer of the jurisdiction the laws of which govern the internal affairs of an entity. See Alabama Code 10A-1-1.03
  • commissioner: The Commissioner of Insurance of this state. See Alabama Code 8-32-2
  • commissioner: The Commissioner of the Department of Insurance. See Alabama Code 8-33-2
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 2-1-1
  • commodity: Any goods, services, materials, merchandise, supplies, equipment, resources, or other articles of commerce, and includes, without limitation, all services offered or provided or work performed or offered to be performed as an occupation or business to consumers and food, water, ice, chemicals, petroleum products, and lumber necessary for consumption or use as a direct result of the emergency. See Alabama Code 8-31-2
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • consumer: A natural person who buys, primarily for personal, family, or household purposes, and not for resale, any tangible personal property normally used for personal, family, or household purposes and not for commercial or research purposes. See Alabama Code 8-32-2
  • consumer: A natural person residing in this state. See Alabama Code 8-35-1
  • CONSUMER CREDIT REPORT: A consumer report, as defined in 15 U. See Alabama Code 8-35-1
  • CONSUMER CREDIT REPORTING AGENCY: Any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties. See Alabama Code 8-35-1
  • contemporaneous: Occurring at the same time as a surface mining operation and in conjunction with the grading activities at the site. See Alabama Code 9-16-2
  • contiguous: In actual contact, touching, as contrasted with being near but not in contact. See Alabama Code 9-16-2
  • Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
  • 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 10A-1-1.03
  • Conviction: A judgement of guilt against a criminal defendant.
  • county: Any county in this state. See Alabama Code 44-3-1
  • 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
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • day: When used in the computation of time excludes the first day and includes the last day of the period so computed, unless the last day is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday. See Alabama Code 10A-1-1.03
  • dealer: Any person, corporation, or partnership that engages in the business of purchasing precious items for the purpose of reselling such items in any form. See Alabama Code 8-34-1
  • dealer: Every person engaged in the business of buying, selling, or exchanging vehicles who has an established place of business for such purpose in this state and to whom current dealer registration plates have been issued by the Department of Revenue. See Alabama Code 32-1-1.1
  • Decedent: A deceased person.
  • 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.
  • delivery: means any method of delivery used in conventional commercial practice, including delivery by hand, mail, commercial delivery, and, if authorized in accordance with Section 10A-2A-1. See Alabama Code 10A-2A-1.40
  • department: The Department of Industrial Relations of the State of Alabama or any department, bureau, or commission as may lawfully succeed to the powers and duties of the department relating to mining operations. See Alabama Code 9-16-2
  • department: The Department of Insurance. See Alabama Code 8-33-2
  • department: The Alabama State Law Enforcement Agency acting directly or through its duly authorized officers and agents. See Alabama Code 32-1-1.1
  • DIRECT SEEDING: The planting of seeds by hand sowing, machine sowing, or aerial seeding. See Alabama Code 9-16-2
  • director: The Chief Executive Officer of the Alabama State Port Authority. See Alabama Code 33-1-1.1
  • director: An individual who serves on the board of directors, by whatever name known, of a foreign or domestic corporation. See Alabama Code 10A-1-1.03
  • director: Director of the department or officer, bureau, or commission as may lawfully succeed to the powers and duties of the director. See Alabama Code 9-16-2
  • director: The Secretary of the Alabama State Law Enforcement Agency. See Alabama Code 32-1-1.1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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 10A-1-1.03
  • Distribution: means a direct or indirect transfer of cash or other property (except a corporation's own stock) or incurrence of indebtedness by a corporation to or for the benefit of its stockholders in respect of any of its stock. See Alabama Code 10A-2A-1.40
  • Docket: A log containing brief entries of court proceedings.
  • docks: Alabama state docks. See Alabama Code 33-1-1.1
  • Document: means a writing as defined in Chapter 1. See Alabama Code 10A-2A-1.40
  • Donor: The person who makes a gift.
  • driver: Every person who drives or is in actual physical control of a vehicle. See Alabama Code 32-1-1.1
  • ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE: A self-balancing, two non-tandem wheeled device designed to transport only one person with an electric propulsion system with an average power of 750 watts (1 h. See Alabama Code 32-1-1.1
  • Eligible entity: means an unincorporated entity, foreign unincorporated entity, nonprofit corporation, or foreign nonprofit corporation. See Alabama Code 10A-2A-1.40
  • 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
  • Entity: includes corporation; foreign corporation; nonprofit corporation; foreign nonprofit corporation; estate; trust; unincorporated entity; foreign unincorporated entity; and state, United States, and foreign government. See Alabama Code 10A-2A-1.40
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Expenses: means reasonable expenses of any kind that are incurred in connection with a matter. See Alabama Code 10A-2A-1.40
  • facilities: Structures, equipment and furnishings, or any other part or combination thereof, which are used, useful or capable of use, and the use thereof in connection with the implementation and operation of programs as defined herein. See Alabama Code 44-3-1
  • 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
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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
  • foreign corporation: as used in this division , shall mean:

    (1) Any bank or other corporation now or hereafter organized or existing under the laws of any state of the United States other than this state; and

    (2) Any national banking association or other corporation organized under the laws of the United States having its principal place of business in any state of the United States other than this state. See Alabama Code 10A-2A-15.10

  • foreign corporation: means an entity incorporated or existing under this chapter. See Alabama Code 10A-2A-1.40
  • 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
  • GOVERNING BODY: A county commission, board of revenue or other like governing body of a county, or the council, commission or other like governing body of an incorporated municipality. See Alabama Code 44-3-1
  • GOVERNING PERSON: A person serving as part of the governing authority of an entity. See Alabama Code 10A-1-1.03
  • 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.
  • highwall: The unexcavated face of exposed overburden or mineral in an opencast mine or the face or bank on the uphill side of a contour surface mine excavation. See Alabama Code 9-16-2
  • highway: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. See Alabama Code 32-1-1.1
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • INCIDENTAL COSTS: Expenses specified in the warranty incurred by the warranty holder related to the failure of the vehicle protection product to perform as provided in the warranty. See Alabama Code 8-33-2
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 10A-1-1.03
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insolvent: A person who is unable to pay the person's debts as they become due in the usual course of business or affairs. See Alabama Code 10A-1-1.03
  • inspector: Any authorized employee of the department under the direction of the director. See Alabama Code 9-16-2
  • installer: An individual who performs the work of replacing or repairing parts of a motor vehicle. See Alabama Code 32-17A-1
  • insurer: Includes an insurance company and any person authorized to represent the insurer with respect to a claim and who is acting within the scope of the person's authority. See Alabama Code 32-17A-1
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest: means either or both of the following rights under the governing statute governing an unincorporated entity:

    (i) the right to receive distributions from the entity either in the ordinary course or upon liquidation; or

    (ii) the right to receive notice or vote on issues involving its internal affairs, other than as an agent, assignee, proxy, or person responsible for managing its business and affairs. See Alabama Code 10A-2A-1.40

  • Interest holder: means a person who holds of record an interest. See Alabama Code 10A-2A-1.40
  • 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
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Jurisprudence: The study of law and the structure of the legal system.
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: A license, certificate of registration, or other legal authorization. See Alabama Code 10A-1-1.03
  • license tax: as used in this title , shall be deemed to include any tax prescribed by a license tax schedule, but shall not exclude any license tax otherwise prescribed. See Alabama Code 40-12-344
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • LOCAL LAW ENFORCEMENT AGENCY: The chief of police for businesses located within the jurisdiction of a municipality and the county sheriff for businesses located outside the jurisdiction of a municipality. See Alabama Code 8-34-1
  • mail: To deposit in the United States mail properly addressed and with postage prepaid. See Alabama Code 32-1-1.1
  • MAINTENANCE AGREEMENT: A contract of limited duration that provides for scheduled maintenance only. See Alabama Code 8-32-2
  • manufacturer: A person that is one of the following:

    a. See Alabama Code 8-32-2

  • MECHANICAL BREAKDOWN INSURANCE: For purposes of this chapter, a policy, contract, or agreement issued by an authorized insurance company directly to a consumer or other owner of property that provides for, among other coverages, the repair, replacement, or maintenance of property or indemnification for repair, replacement, or maintenance, for the operational or structural failure of the property due to a defect in materials or workmanship or due to normal wear and tear. See Alabama Code 8-32-2
  • member: One having membership rights in a corporation in accordance with the provisions of its governing documents. See Alabama Code 10A-3-1.02
  • 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

  • Merger: means a transaction pursuant to Section 10A-2A-11. See Alabama Code 10A-2A-1.40
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • month: means a calendar month. See Alabama Code 1-1-1
  • 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.
  • MOTOR VEHICLE: Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for electric personal assistive mobility devices. See Alabama Code 32-1-1.1
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • NONORIGINAL EQUIPMENT MANUFACTURER AFTERMARKET CRASH PART: An aftermarket crash part made by any manufacturer other than the original vehicle manufacturer or his or her supplier. See Alabama Code 32-17A-1
  • NONPROFIT CORPORATION: A domestic or foreign nonprofit corporation as defined in Chapter 3. See Alabama Code 10A-1-1.03
  • NONPROFIT CORPORATION: A nonprofit corporation no part of the income or profit of which is distributable to its members, directors, or officers. See Alabama Code 10A-3-1.02
  • nonresident: Every person who is not a resident of this state. See Alabama Code 32-1-1.1
  • NORMAL BUSINESS HOURS: Any day between the hours of 8:00 A. See Alabama Code 8-35-1
  • oath: includes affirmation. See Alabama Code 1-1-1
  • operator: Any person, firm, partnership, association, or corporation engaged in or controlling one or more surface mining operations. See Alabama Code 9-16-2
  • 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
  • overburden: All of the earth and other materials which lie above natural deposits of clay, sand, gravel, ores, and other minerals except limestone, marble, and dolomite, and also the earth and other materials disturbed from their natural state in the process of surface mining. See Alabama Code 9-16-2
  • owner: A person, other than a lienholder, having the property in or title to a vehicle. See Alabama Code 32-1-1.1
  • peak: A projected point of overburden created in the process of surface mining. See Alabama Code 9-16-2
  • pedestrian: Any person afoot. See Alabama Code 32-1-1.1
  • PERMANENT PLACE OF BUSINESS: A fixed premises either owned by the dealer or leased by the dealer for at least one year. See Alabama Code 8-34-1
  • PERMIT PERIOD: A one-year period commencing on the issuance of a permit to engage in surface mining. See Alabama Code 9-16-2
  • person: Shall include, but not be limited to, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity. See Alabama Code 8-31-2
  • person: An individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any other entity, or combination of persons acting in concert. See Alabama Code 8-32-2
  • person: Any natural person, firm, corporation, association, partnership, joint venture, or representative of any kind or any other group acting as a unit. See Alabama Code 9-16-2
  • person: Any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. See Alabama Code 8-35-1
  • person: An individual, a partnership, a corporation or two or more individuals having a joint or common interest. See Alabama Code 2-1-1
  • person: Every natural person, firm, copartnership, association, or corporation. See Alabama Code 32-1-1.1
  • pit: A tract of land from which overburden has been or is being removed for the purpose of surface mining. See Alabama Code 9-16-2
  • 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.
  • PORT AUTHORITY: The Alabama State Port Authority. See Alabama Code 33-1-1.1
  • PRECIOUS ITEM: Any of the following:

    a. See Alabama Code 8-34-1

  • premium: The consideration paid to an insurer for a reimbursement insurance policy. See Alabama Code 8-32-2
  • Principal office: means the office (in or out of this state) so designated in the annual report where the principal executive offices of a corporation or foreign corporation are located. See Alabama Code 10A-2A-1.40
  • 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.
  • Proceeding: includes any civil suit and criminal, administrative, and investigatory action. See Alabama Code 10A-2A-1.40
  • programs: The use of various behavioral programs in the care and supervision of children. See Alabama Code 44-3-1
  • PROPER IDENTIFICATION: Information generally deemed sufficient to identify a person for consumer reporting agency purposes under 15 U. See Alabama Code 8-35-1
  • property: Includes all property, whether real, personal, or mixed, or tangible or intangible, or any right or interest therein. See Alabama Code 10A-1-1.03
  • provider: A person who administers, makes, provides, sells, or offers to sell a service contract, who is contractually obligated to provide service under a service contract. See Alabama Code 8-32-2
  • PROVIDER FEE: The total purchase price paid for a service contract. See Alabama Code 8-32-2
  • purchase: The acquisition of a precious item or items for a consideration of cash, goods, or another precious item. See Alabama Code 8-34-1
  • railroad: A carrier of persons or property upon cars other than street cars, operated upon stationary rails. See Alabama Code 32-1-1.1
  • reclamation: The reconditioning or rehabilitation of affected land in accordance with the requirements of this article. See Alabama Code 9-16-2
  • Record date: means the date fixed for determining the identity of the corporation's stockholders and their stockholdings for purposes of this chapter. See Alabama Code 10A-2A-1.40
  • Record stockholder: means (i) the person in whose name shares of stock are registered in the records of the corporation, or (ii) the person identified as the beneficial owner of stock in a beneficial ownership certificate pursuant to Section 10A-2A-7. See Alabama Code 10A-2A-1.40
  • refuse: All waste material, exclusive of overburden, directly connected with the mining, cleaning, or preparation of substances mined by surface mining. See Alabama Code 9-16-2
  • registration: The registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of vehicles. See Alabama Code 32-1-1.1
  • REIMBURSEMENT INSURANCE POLICY: A policy of insurance issued to a provider pursuant to which the insurer agrees, for the benefit of the service contract holders, to discharge the obligations of the provider under the terms of the service contracts in the event of non-performance by the provider. See Alabama Code 8-32-2
  • RENTAL FACILITY: Shall include, but not be limited to, any hotel, motel, boarding house, dwelling house, and self storage facility offered for rent or lease. See Alabama Code 8-31-2
  • REPAIR FACILITY: A motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle. See Alabama Code 32-17A-1
  • 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).
  • RESIDENTIAL REAL ESTATE: A new or existing building constructed for habitation by one to four families, including detached garages. See Alabama Code 8-36-1
  • RESIDENTIAL ROOFING CONTRACTOR: A person or entity in the business of contracting or offering to contract with an owner or possessor of residential real estate to repair or replace roof systems. See Alabama Code 8-36-1
  • ridge: A lengthened elevation of overburden created in the process of surface mining. See Alabama Code 9-16-2
  • RIGHT-OF-WAY: The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. See Alabama Code 32-1-1.1
  • ROAD HAZARD: A hazard that is encountered while driving a motor vehicle, including, but not limited to, potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps. See Alabama Code 8-32-2
  • ROOF SYSTEM: A roof covering, roof sheathing, roof weatherproofing, roof framing, roof ventilation system, and insulation. See Alabama Code 8-36-1
  • salary: as used in this division , is not intended to include or cover costs and charges of court or fees, commissions, percentages, or allowances of public officers, and such are not subject to writs of garnishment under the provisions of this division. See Alabama Code 6-6-480
  • Secretary: means the corporate officer to whom the board of directors has delegated responsibility under Section 10A-2A-8. See Alabama Code 10A-2A-1.40
  • SECURITY FREEZE: A restriction placed on a consumer credit report at the request of the consumer that prohibits a consumer credit reporting agency from releasing the consumer's consumer credit report for a purpose relating to the extension of credit without the express authorization of the consumer. See Alabama Code 8-35-1
  • SERVICE CONTRACT: A contract or agreement for a separately stated consideration for a specific duration to perform the repair, replacement, or maintenance of property or indemnification for repair, replacement, or maintenance, for the operational or structural failure due to a defect in materials or workmanship, or normal wear and tear, with or without additional provision for incidental payment or indemnity under limited circumstances, for related expenses, including, but not limited to, towing, rental, and emergency road service. See Alabama Code 8-32-2
  • SERVICE CONTRACT: A contract or agreement as defined in subdivision (13) of Section 8-32-2. See Alabama Code 8-33-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • setback: An undisturbed buffer strip adjacent to watercourses, lakes, easements, adjoining property, perimeter property lines, road rights-of-way, residences, or other features which could be adversely affected by mining. See Alabama Code 9-16-2
  • SHARED MICROMOBILITY DEVICE: A type of transportation device that includes a bicycle, tricycle, scooter, hoverboard, skateboard, pedal car, or similar device, except a device used as an electrical personal assistive mobility device by a person with disabilities, used in a shared micromobility device system. See Alabama Code 32-1-1.1
  • SHARED MICROMOBILITY DEVICE SYSTEM: A system that provides shared micromobility devices to users for short-term rentals, whether or not the system requires docking stations or other similar fixed infrastructure to receive or return the shared micromobility device. See Alabama Code 32-1-1.1
  • sidewalk: That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians. See Alabama Code 32-1-1.1
  • state: A state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of Canada. See Alabama Code 32-1-1.1
  • STATE ETHICS ACT: Chapter 25, commencing with Section 36-25-1, of Title 36. See Alabama Code 33-1-1.1
  • Stock: means the units into which the proprietary interests in a corporation or foreign corporation are divided. See Alabama Code 10A-2A-1.40
  • Stock exchange: means a transaction pursuant to Section 10A-2A-11. See Alabama Code 10A-2A-1.40
  • Stockholder: means a record stockholder. See Alabama Code 10A-2A-1.40
  • street: The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. See Alabama Code 32-1-1.1
  • Subpoena: A command to a witness to appear and give testimony.
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 1-1-1
  • subsidiary: An entity or organization at least 50 percent of:

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

    (B) the voting power of which is possessed by a parent entity or parent organization. See Alabama Code 10A-1-1.03

  • Summons: Another word for subpoena used by the criminal justice system.
  • SURFACE MINING: The mining of clay, sand, gravel, ores, and other minerals except chert (or similar type pits from which construction materials are obtained, which involve five acres or less and do not involve excavation below the surrounding area in such a way as to create a pit that will accumulate water), limestone, marble, dolomite, and coal, by removing the overburden lying above natural deposits thereof and mining directly from the natural deposits thereby exposed or by mining directly from deposits lying exposed in their natural state. See Alabama Code 9-16-2
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • traffic: Pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highway for purposes of travel. See Alabama Code 32-1-1.1
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • 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
  • United States: includes any district, authority, bureau, commission, department, and any other agency of the United States. See Alabama Code 10A-2A-1.40
  • Unrestricted voting trust beneficial owner: means , with respect to any stockholder rights, a voting trust beneficial owner whose entitlement to exercise the stockholder right in question is not inconsistent with the voting trust agreement. See Alabama Code 10A-2A-1.40
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • vehicle: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or electric personal assistive mobility devices; provided, that for the purposes of this title, a bicycle or a ridden animal shall be deemed a vehicle, except those provisions of this title, which by their very nature can have no application. See Alabama Code 32-1-1.1
  • VEHICLE PROTECTION PRODUCT: A vehicle protection device, system, or service that is all of the following:

    a. See Alabama Code 8-33-2
  • vendor: as used in this chapter shall be construed to include every individual, partnership, corporation or association whose business in whole or in part is that of selling new or used motor vehicles and likewise shall be construed to include every agent, representative or consignee of any such dealer as defined above, as fully as if the same had been herein expressly set out; except, that no agent, representative or consignee of such dealer or vendor shall be required to make and file the bond if such dealer or vendor for whom such agent, representative or consignee acts shall have fully complied with all of the provisions of this chapter. See Alabama Code 32-16-1
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Voting group: means all stock of one or more classes or series that under the certificate of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of stockholders. See Alabama Code 10A-2A-1.40
  • Voting power: means the current power to vote in the election of directors. See Alabama Code 10A-2A-1.40
  • Voting trust beneficial owner: means an owner of a beneficial interest in stock of the corporation held in a voting trust established pursuant to Section 10A-2A-7. See Alabama Code 10A-2A-1.40
  • warranty: A warranty made by the manufacturer, importer, distributor, or seller of property or services without consideration stated separately from the price of the property or services sold, that is not negotiated separate from the sale of the product and is incidental to the sale of the product, that guarantees repair or replacement, or indemnity for repair or replacement, for defective parts, mechanical or electrical breakdown, labor or other remedial measures, such as repair or replacement of the property or repetition of services. See Alabama Code 8-32-2
  • WARRANTY HOLDER: The person who purchases a vehicle protection product or who is a permitted transferee. See Alabama Code 8-33-2
  • WARRANTY REIMBURSEMENT INSURANCE POLICY: A policy of insurance that is issued to the vehicle protection product warrantor to provide reimbursement to the warrantor or to pay on behalf of the warrantor all covered contractual obligations incurred by the warrantor under the terms and conditions of the insured vehicle protection product warranties sold by the warrantor. See Alabama Code 8-33-2
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.