Terms Used In Alabama Code > Title 16 > Chapter 8

• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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.
• BUSINESS TRUST: A business trust as defined in Chapter 16. See Alabama Code 45-26-231.06
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• commissioner: The Commissioner of Revenue of the state. See Alabama Code 45-11-244.01
• contribution: A tangible or intangible benefit that a person transfers to an entity in consideration for an ownership interest in the entity or otherwise in the person's capacity as an owner or a member. See Alabama Code 45-26-231.06
• CONVERTED ORGANIZATION: means the organization into which a converting organization converts pursuant to this article. See Alabama Code 45-12-82.07
• CONVERTING LIMITED PARTNERSHIP: means a converting organization that is a limited partnership. See Alabama Code 45-12-82.07
• CONVERTING ORGANIZATION: means an organization that converts into another organization pursuant to this article. See Alabama Code 45-12-82.07
• corporation: Includes a domestic or foreign business corporation as defined in Chapter 2, a domestic or foreign nonprofit corporation as defined in Chapter 3, a domestic or foreign professional corporation as defined in Chapter 4, and those entities specified in Chapter 20 as corporate. See Alabama Code 45-26-231.06
• county: Chilton County in the state. See Alabama Code 45-11-244.01
• court: Every court and judge having jurisdiction in a case. See Alabama Code 45-26-231.06
• DEBTOR IN BANKRUPTCY: A person who is the subject of:

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

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

• Deed: The legal instrument used to transfer title in real property from one person to another.
• distribution: except as otherwise provided in Section 10A-9A-5. See Alabama Code 45-10-234.06
• domestic: With respect to an entity, that the entity is formed and exists under this title. See Alabama Code 45-26-231.06
• entity: A domestic entity or foreign entity. See Alabama Code 45-26-231.06
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• FILING ENTITY: A domestic entity that is a corporation, limited partnership, including a limited liability partnership, limited liability company, professional association, employee cooperative corporation, or real estate investment trust. See Alabama Code 45-26-231.06
• FILING INSTRUMENT: An instrument, document, or statement that is required or authorized by this title to be filed by or for an entity with the filing officer in accordance with Article 4. See Alabama Code 45-26-231.06
• FILING OFFICER: The officer with whom a filing instrument is required or permitted to be filed under Article 4 or under any other provision of this title. See Alabama Code 45-26-231.06
• foreign: With respect to an entity, that the entity is formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 45-26-231.06
• FOREIGN ENTITY: An organization formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 45-26-231.06
• FOREIGN FILING ENTITY: A foreign entity that registers or is required to register as a foreign entity under Article 7. See Alabama Code 45-26-231.06
• FOREIGN LIMITED LIABILITY PARTNERSHIP: A foreign limited liability partnership as defined in Chapter 8A. See Alabama Code 45-26-231.06
• FOREIGN LIMITED PARTNERSHIP: means a partnership formed under the laws of a jurisdiction other than this state and required by those laws to have one or more general partners and one or more limited partners. See Alabama Code 45-10-234.06
• GENERAL PARTNER: means :

  (A) with respect to a limited partnership, a person that:

  (i) is admitted as a general partner under Section 10A-9A-4. See Alabama Code 45-10-234.06

• GENERAL PARTNERSHIP: A partnership as defined in Chapter 8A. See Alabama Code 45-26-231.06
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 45-26-231.06
• JUDGE OF PROBATE: The judge of probate of the county in which a domestic entity's certificate of formation is filed, or, with respect to a statement of authority under Chapter 8A, which is to be filed in the real property records of a particular county, the judge of probate of the county in which that statement is filed. See Alabama Code 45-26-231.06
• law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 45-26-231.06
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 45-26-231.06
• LIMITED LIABILITY LIMITED PARTNERSHIP: A limited liability limited partnership as defined in Chapter 9A. See Alabama Code 45-26-231.06
• LIMITED LIABILITY PARTNERSHIP: A limited liability partnership as defined in Chapter 8A. See Alabama Code 45-26-231.06
• LIMITED PARTNER: means :

  (A) with respect to a limited partnership, a person that:

  (i) is admitted as a limited partner under Section 10A-9A-3. See Alabama Code 45-10-234.06

• LIMITED PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 45-26-231.06
• merger: The combination of one or more domestic entities with one or more domestic entities or non-code organizations resulting in:

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

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

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

• NONPROFIT CORPORATION: A domestic or foreign nonprofit corporation as defined in Chapter 3. See Alabama Code 45-26-231.06
• oath: includes affirmation. See Alabama Code 30-3D-608
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• officer: An individual elected, appointed, or designated as an officer of an entity by the entity's governing authority or under the entity's governing documents. See Alabama Code 45-26-231.06
• organization: A corporation, limited partnership, general partnership, limited liability company, business trust, real estate investment trust, joint venture, joint stock company, cooperative, association, bank, insurance company, credit union, savings and loan association, or other organization, regardless of whether the organization is for profit, not for profit, nonprofit, domestic, or foreign. See Alabama Code 45-26-231.06
• organization: means a general partnership, including a limited liability partnership; limited partnership, including a limited liability limited partnership; limited liability company; business trust; corporation; nonprofit corporation; professional corporation; or any other person having a governing statute. See Alabama Code 45-12-82.07
• ORGANIZATIONAL DOCUMENTS: means :

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

  (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 45-12-82.07

• partner: means a limited partner or general partner. See Alabama Code 45-10-234.06
• partnership: Includes a general partnership, a limited liability partnership, a foreign limited liability partnership, a limited partnership, a foreign limited partnership, a limited liability limited partnership, and a foreign limited liability limited partnership. See Alabama Code 45-26-231.06
• PARTNERSHIP AGREEMENT: means any agreement (whether referred to as a partnership agreement or otherwise), written, oral or implied, of the partners as to the activities and affairs of a limited partnership. See Alabama Code 45-10-234.06
• person: An individual, including the estate of an incompetent or deceased individual, or an organization, whether created by the laws of this state or another state or foreign country, including, without limitation, a general partnership, limited liability partnership, limited partnership, limited liability limited partnership, limited liability company, corporation, professional corporation, professional association, trustee, personal representative, fiduciary, as defined in Section 19-3-150 or person performing in any similar capacity, business trust, estate, trust, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 45-26-231.06
• PERSON DISSOCIATED AS A GENERAL PARTNER: means a person dissociated as a general partner of a limited partnership. See Alabama Code 45-10-234.06
• 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.
• PROFESSIONAL CORPORATION: A domestic or foreign professional corporation as defined in Chapter 4. See Alabama Code 45-26-231.06
• property: Includes all property, whether real, personal, or mixed, or tangible or intangible, or any right or interest therein. See Alabama Code 45-26-231.06
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• PUBLIC HOSPITAL CORPORATION: The Chilton County Health Care Authority, or any successor thereto, or any other public corporation heretofore or hereafter organized for hospital purposes in the county under any general law heretofore or hereafter enacted by the Legislature. See Alabama Code 45-11-244.01
• 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}
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• REQUIRED INFORMATION: means the information that a limited partnership is required to maintain under Section 10A-9A-1. See Alabama Code 45-10-234.06
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• SECRETARY OF STATE: The Secretary of State of the State of Alabama. See Alabama Code 45-26-231.06
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• state: Includes, when referring to a part of the United States, a state or commonwealth, and its agencies and governmental subdivisions, and a territory or possession, and its agencies and governmental subdivisions, of the United States. See Alabama Code 45-26-231.06
• state: The State of Alabama. See Alabama Code 45-11-244.01
• STATE DEPARTMENT OF REVENUE: The Department of Revenue of the state. See Alabama Code 45-11-244.01
• STATE SALES TAX: The tax or taxes imposed by the state sales tax statutes. See Alabama Code 45-11-244.01
• STATE SALES TAX STATUTES: Division 1 of Article 1 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the taxes levied in Division 1 and all other statutes which expressly apply to, or purport to affect, the administration of Division 1 and the incidence and collection of the taxes imposed therein. See Alabama Code 45-11-244.01
• STATE USE TAX: The tax or taxes imposed by the state use tax statutes. See Alabama Code 45-11-244.01
• STATE USE TAX STATUTES: Article 2 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in Article 2 and all other statutes of the state which expressly apply to, or purport to affect, the administration of Article 2 and the incidence and collection of the taxes imposed therein. See Alabama Code 45-11-244.01
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• transfer: means an assignment, conveyance, deed, bill of sale, lease, mortgage, security interest, encumbrance, gift, or transfer by operation of law. See Alabama Code 45-10-234.06
• TRANSFERABLE INTEREST: means a partner's right to receive distributions from a limited partnership. See Alabama Code 45-10-234.06
• 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 45-10-234.06
• trustee: A person who serves as a trustee of a trust, including a real estate investment trust. See Alabama Code 45-26-231.06