Article 1 Drivers’ Licenses 32-6-1 – 32-6-48
Article 1A Uniform Commercial Driver License Act 32-6-49.1 – 32-6-49.40
Article 2 License Tags and Plates 32-6-51 – 32-6-710

Terms Used In Alabama Code > Title 32 > Chapter 6

  • Acquired entity: means the corporation or foreign corporation that will have all of one or more classes or series of its stock acquired in a stock exchange. See Alabama Code 10A-2A-11.01
  • Acquiring entity: means the corporation or foreign corporation that will acquire all of one or more classes or series of stock of the acquired entity in a stock exchange. See Alabama Code 10A-2A-11.01
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • act: Alabama Explosives Safety Act of 1993. See Alabama Code 8-17-241
  • ADJOINING COUNTY: A county the boundary of which abuts either land on which the establishing county has established a park or recreational area or land which the establishing county has designated for the establishment thereon of a park or recreational area. See Alabama Code 11-18-20
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • 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.
  • ADVISORY COMMITTEE: A local committee which may consist of the following members or their designees:

    a. See Alabama Code 12-23A-2

  • affiliate: A person who controls, is controlled by, or is under common control with another person. See Alabama Code 10A-1-1.03
  • affiliate: With respect to any lender, any person, firm or corporation controlled by, or under common control with, such lender, and any person, firm or corporation controlling such lender. See Alabama Code 2-3A-2
  • affiliate: A person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, an applicant or registrant. See Alabama Code 8-6-2
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • agent: Any person authorized by the Department of Revenue to purchase and affix stamps on packages of cigarettes. See Alabama Code 8-17-271
  • agent: Any individual other than a dealer who represents a dealer or issuer in effecting or attempting to effect sales of securities, but such term does not include an individual who represents an issuer in:

    a. See Alabama Code 8-6-2

  • agent: The same meaning as in subdivision (2) of Section 8-6-2. See Alabama Code 8-6-171
  • agreement: Any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of wine sold by a supplier. See Alabama Code 45-2-22.02
  • AGRICULTURAL OPERATIONS: Farming, ranching, the production of agricultural commodities (including, without limitation, the products of aquaculture and silvaculture) or the treating, processing, storing, manufacturing, marketing, distribution or exporting of agricultural commodities; provided, however, that such term shall not include any operation the principal purpose of which is the selling at retail of agricultural commodities or related products; provided, further, that costs of agricultural operations shall specifically include, but not be limited to, costs of acquiring and improving real and personal property, repairs, annual operating expenses, family living expenses and refinancing of debt incurred for any such costs. See Alabama Code 2-3A-2
  • aircraft: Any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for use primarily as safety equipment. See Alabama Code 4-4-1
  • airport: Any area of land or water designed and set aside for the landing and taking-off of aircraft and utilized or to be utilized in the interest of the public for such purposes. See Alabama Code 4-6-2
  • AIRPORT HAZARD: Any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking-off at any airport or is otherwise hazardous to such landing or taking-off of aircraft. See Alabama Code 4-6-2
  • AIRPORT HAZARD AREA: Any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter. See Alabama Code 4-6-2
  • Allegation: something that someone says happened.
  • ANCILLARY BUSINESS: A business owned by a wholesaler, or by a substantial partner of a wholesaler, the primary business of which is directly related to the transporting, storing, or marketing of the brand or brands of wine of a supplier with whom the wholesaler has an agreement; or a business owned by a wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler which recycles empty beverage containers. See Alabama Code 45-2-22.02
  • ANIMAL SHELTER: Any facility operated by or under contract for the state or any county, municipal corporation, or other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals; any veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for such purpose in addition to its customary purposes; and any facility operated, owned, or maintained by a duly incorporated humane society, animal welfare organization, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. See Alabama Code 3-9-1
  • ANIMAL WELFARE ORGANIZATION: Any unincorporated nonprofit organization or business entity existing for fostering and adopting dogs and cats by the public. See Alabama Code 3-9-1
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • applicant: A person, natural or otherwise, executing or submitting an application for registration. See Alabama Code 8-6-2
  • applicant: A natural person who files a written application with the governing body of a county or municipality, or two or more thereof, in accordance with Section 11-101A-3. See Alabama Code 11-101A-2
  • applicant: The person filing an application for registration of a mark under this article and the person's legal representative, successors, or assigns. See Alabama Code 8-12-6
  • 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.
  • Articles of incorporation: include amended and restated articles of incorporation and, in the case of a corporation existing on January 1, 1981, its certificate of incorporation, including any amended certificate, and also include, except where the context otherwise requires, articles of merger. See Alabama Code 10A-2-1.40
  • assessment: A diagnostic evaluation for placement in a treatment program which shall be performed in accordance with criteria certified by the Department of Mental Health, Substance Abuse Services Division. See Alabama Code 12-23A-2
  • associate: When used to indicate a relationship with:

    (A) a domestic or foreign entity or organization for which the person is:

    (i) an officer or governing person; or

    (ii) a beneficial owner of 10 percent or more of a class of voting ownership interests or similar securities of the entity or organization;

    (B) a trust or estate in which the person has a substantial beneficial interest or for which the person serves as trustee or in a similar fiduciary capacity;

    (C) the person's spouse or a relative of the person related by consanguinity or affinity within the fifth degree who resides with the person; or

    (D) a governing person or an affiliate or officer of the person. See Alabama Code 10A-1-1.03

  • 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.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • authority: The public corporation organized pursuant to the provisions of this article. See Alabama Code 2-3A-2
  • authority: A public corporation organized pursuant to this chapter. See Alabama Code 11-101A-2
  • Authorized shares: means the shares of all classes a domestic or foreign business corporation is authorized to issue. See Alabama Code 10A-2-1.40
  • 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
  • AUTHORIZING ACT: Any of the following statutes or acts:

    a. See Alabama Code 8-6-110

  • AUTHORIZING RESOLUTION: A resolution adopted by the governing body of an authorizing subdivision in accordance with Section 11-101A-3, that authorizes the incorporation of an authority under this chapter. See Alabama Code 11-101A-2
  • AUTHORIZING SUBDIVISION: Each county and municipality with the governing body of which an application for the incorporation of an authority under this chapter is filed. See Alabama Code 11-101A-2
  • 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.
  • Balanced budget: A budget in which receipts equal outlays.
  • bank: A bank, trust company, national banking association, savings bank, or industrial bank. See Alabama Code 8-6-91
  • 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.
  • 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
  • Bequeath: To gift property by will.
  • Bequest: Property gifted by will.
  • blast: The firing or detonating of explosives. See Alabama Code 8-17-241
  • blaster: A person qualified by reason of training, knowledge, and experience to design, supervise, or detonate explosives in blasting operations, who has obtained a valid blaster certification card issued by the office. See Alabama Code 8-17-241
  • BLASTING CONTRACTOR: A person employed, hired, or contracted by a client or other person to plan, organize, supervise, and conduct blasting operations. See Alabama Code 8-17-241
  • BLASTING OPERATION: The use of explosives in the blasting of stone, rock, or any other natural formation, or in any construction, quarry work, or demolition of man-made structures. See Alabama Code 8-17-241
  • BLASTING PRIVILEGES: Blasting certification, blasting contractor licensing, and blasting permits. See Alabama Code 8-17-241
  • blind person: means a natural person who has no vision or whose vision with correcting glasses is so defective as to prevent the performance of ordinary activities for which eyesight is essential, or who has central visual acuity of 20/200 or less in the better eye with correcting glasses, or whose central visual acuity is more than 20/200 in the better eye with correcting glasses but whose peripheral field has contracted to such an extent that the widest diameter of the visual field subtends an angular distance no greater than 20 degrees. See Alabama Code 1-1-3
  • board: The Board of Directors of the Alabama Local Government Training Institute. See Alabama Code 11-3-42
  • board: The State Board of Agriculture and Industries. See Alabama Code 2-32-1
  • board: The board of directors of the authority. See Alabama Code 2-3A-2
  • board: The board of directors of an authority. See Alabama Code 11-101A-2
  • 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
  • bonds: Bonds, notes, certificates, bond, grant or revenue anticipation notes or any other evidence of indebtedness representing an obligation to pay money. See Alabama Code 2-3A-2
  • bonds: Those bonds, including the refunding bonds, issued under and pursuant to the provisions of this article. See Alabama Code 2-5A-30
  • bonds: Any bonds authorized to be issued by an authority hereunder, including refunding bonds. See Alabama Code 11-101A-2
  • broker: A dealer, as hereinabove defined. See Alabama Code 8-6-2
  • broker: A person, including a bank, lawfully engaged in the business of effecting transactions in securities for the account of others and includes a broker lawfully engaged in buying and selling securities for his own account. See Alabama Code 8-6-91
  • BROKER-DEALER: The same meaning as in subdivision (3) of Section 8-6-2. See Alabama Code 8-6-171
  • bus: Every motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons; and every motor vehicle other than a taxicab, designed and used for the transportation of persons for compensation. See Alabama Code 32-1-1.1
  • BUSINESS TRUST: A business trust as defined in Chapter 16. See Alabama Code 10A-1-1.03
  • 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
  • cancel: To terminate the registration of either a security, a dealer, an investment adviser, an agent, or an investment adviser representative upon application filed therefor as follows:

    a. See Alabama Code 8-6-2

  • CANINE CORPS DOGS: Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. See Alabama Code 3-7A-1
  • Capital offense: A crime punishable by death.
  • cat: All members of the domesticated feline (Felis catus) family. See Alabama Code 3-7A-1
  • 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
  • Chambers: A judge's office.
  • charge: As defined in Section 12-25-32(13). See Alabama Code 12-23A-2
  • Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
  • cigarette: Any of the following:

    a. See Alabama Code 8-17-271

  • CIVIL AIRCRAFT: Any aircraft, other than a military aircraft of the United States or of a state, territory or possession of the United States. See Alabama Code 4-4-1
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • 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.
  • CO-OCCURRING: A substance abuse and mental health disorder. See Alabama Code 12-23A-2
  • code: The Code of Alabama 1975. See Alabama Code 11-101A-2
  • COLLATERAL CONSEQUENCE: A consequence, penalty, or other result automatically imposed by operation of state law or rule that limits or prohibits an individual convicted of a crime from obtaining occupational licensing, certification, or other evidence of qualification necessary to engage in a particular occupation. See Alabama Code 12-26-1
  • Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See Alabama Code 7-2A-103
  • commission: The Alabama Securities Commission existing under Article 2 (commencing with Section 8-6-50) of Chapter 6 of Title 8. See Alabama Code 8-6-110
  • commission: The Alabama Securities Commission. See Alabama Code 8-6-171
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 2-32-1
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 2-1-1
  • 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.
  • Constituent organization: means an organization that is party to a merger under this article. See Alabama Code 10A-2A-11.01
  • Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed $100,000. See Alabama Code 7-2A-103
  • 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.
  • CONTINUUM OF CARE: A seamless and coordinated course of substance abuse education and treatment designed to meet the needs of drug offenders as they move through the criminal justice system and beyond, maximizing self-sufficiency. See Alabama Code 12-23A-2
  • 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-2A-9.01
  • Converting corporation: means a converting organization that is a corporation. See Alabama Code 10A-2A-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-2A-9.01
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 2-1-1
  • corporation: Includes a domestic or foreign business corporation as defined in Chapter 2 or Chapter 2A, as applicable, a domestic or foreign nonprofit corporation as defined in Chapter 3, a domestic or foreign professional corporation as defined in Chapter 4, and those entities specified in Chapter 20 as corporate. See Alabama Code 10A-1-1.03
  • corporation: Any corporation organized pursuant to the provisions of this article. See Alabama Code 11-20-30
  • costs: As applied to any road and bridge project, all costs of construction or acquisition of any part thereof, including, but without limitation to, the costs of supervising, inspecting, and constructing any such project and all costs and expenses incidental thereto, the costs of locating, surveying and mapping, development of engineering plans and specifications, resurfacing, restoration and rehabilitation, acquisition of rights-of-way, utility relocation, and improvements which directly facilitate and control traffic flow, including grade separation of intersections, widening of lanes, channelization of traffic, and traffic-control systems. See Alabama Code 23-8-3
  • county: Each county in the state. See Alabama Code 11-9-20
  • county: Any county in this state with respect to which a corporation may be organized. See Alabama Code 11-20-30
  • county: Any county in the state. See Alabama Code 11-101A-2
  • COUNTY COMMISSION: The governing body as created in Section 11-3-1 and each county governing body created by local act. See Alabama Code 11-3-42
  • 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.
  • CUSTODIAL SENTENCE: A criminal sentence or portion of a sentence during which an individual convicted of a crime serves time in the jurisdictional custody of the state, including, but not limited to, a prison term, jail term, or community corrections sentence. See Alabama Code 12-26-1
  • 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 engaged in the business of effecting transactions in securities for the account of others or for his own account. See Alabama Code 8-6-2
  • 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.
  • Defense attorney: Represent defendants in criminal matters.
  • 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 Alabama State Law Enforcement Agency acting directly or through its duly authorized officers and agents. See Alabama Code 32-1-1.1
  • department: The Department of Human Resources. See Alabama Code 8-6-171
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • DESIGNATED MEMBER: The spouse, child, grandchild, parent, brother, or sister of a deceased individual who owned an interest, including a controlling interest, in a wholesaler; or any person who inherits the deceased individual's ownership interest in the wholesaler under the terms of the deceased individual's will, or under the laws of intestate succession of this state; or any person who or entity which has otherwise by designation in writing by the deceased individual, succeeded the deceased individual in the wholesaler's business, or has succeeded to the deceased individual's ownership interest in the wholesaler pursuant to a written contract or instrument; and also includes the appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an ownership interest in a wholesaler. See Alabama Code 45-2-22.02
  • dilution: Dilution by blurring or dilution by tarnishment, regardless of the presence or absence of:

    a. See Alabama Code 8-12-6

  • DILUTION BY BLURRING: The association arising from the similarity between a mark and a famous mark that impairs the distinctiveness of the famous mark. See Alabama Code 8-12-6
  • DILUTION BY TARNISHMENT: The association arising from the similarity between a mark and a famous mark that harms the reputation of the famous mark. See Alabama Code 8-12-6
  • 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: A member of the board of the authority. See Alabama Code 2-3A-2
  • director: The Secretary of the Alabama State Law Enforcement Agency. See Alabama Code 32-1-1.1
  • director: The director appointed by the commission pursuant to Section 8-6-55 or, in the absence of the director or his or her inability to act, the deputy director appointed by the director as provided in Section 8-6-57. See Alabama Code 8-6-110
  • director: A member of the board of an authority. See Alabama Code 11-101A-2
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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 money or other property, except its own shares, or incurrence of indebtedness by a corporation to or for the benefit of any one or more of its shareholders in respect of any of its shares. See Alabama Code 10A-2-1.40
  • 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
  • distributor: Any person engaged in the business of making sales of fireworks for resale to all holders of the required Alabama permits who in turn shall resell to any permit holder; or any person who receives, brings, or imports any fireworks of any kind into the State of Alabama, except to a holder of an Alabama manufacturer's or distributor's permit. See Alabama Code 8-17-210
  • Document: means a writing as defined in Chapter 1. See Alabama Code 10A-2A-1.40
  • dog: All members of the domesticated canine (Canis familiaris) family. See Alabama Code 3-7A-1
  • domestic: With respect to an entity, that the entity is formed and exists pursuant to this title. See Alabama Code 10A-1-1.03
  • domestic corporation: means a business corporation, which is not a foreign corporation, incorporated under or subject to the provisions of this chapter. See Alabama Code 10A-2-1.40
  • DOMESTIC ENTITY: An organization formed and existing pursuant to this title. See Alabama Code 10A-1-1.03
  • driver: Every person who drives or is in actual physical control of a vehicle. See Alabama Code 32-1-1.1
  • drug: Includes all of the following:

    a. See Alabama Code 12-23A-2

  • DRUG COURT: A judicial intervention program for drug offenders in the criminal division of the circuit or district court that incorporates the ten key components as enumerated in subsection (f) of Section 12-23A-4 and may include any of the following:

    a. See Alabama Code 12-23A-2

  • DRUG COURT COORDINATOR: An individual who is responsible for coordinating the establishment, staffing, operation, evaluation, and integrity of the drug court. See Alabama Code 12-23A-2
  • DRUG COURT TEAM: Consists of all of the following members who are assigned to the drug court:

    a. See Alabama Code 12-23A-2

  • DRUG OFFENDER: A person charged with or convicted of a drug-related offense or an offense in which substance abuse is determined from the evidence to have been a significant factor in the commission of the offense and who has applied for or been accepted to participate in a drug court program for drug offenders in the criminal division of the circuit or district court. See Alabama Code 12-23A-2
  • EFFECTIVE DATE OF THIS TITLE: January 1, 2011. See Alabama Code 10A-1-1.03
  • electronic: Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 10A-1-1.03
  • Eligible entity: means an unincorporated entity, foreign unincorporated entity, nonprofit corporation, or foreign nonprofit corporation. See Alabama Code 10A-2A-1.40
  • Eligible interests: means interests or memberships. See Alabama Code 10A-2A-1.40
  • Employee: includes an officer but not a director. See Alabama Code 10A-2-1.40
  • Employee: includes an officer, but not a director. 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 and foreign corporation; nonprofit corporation; for profit and nonprofit association; business trust; estate; partnership; limited liability company; trust; and two or more persons having a joint or common economic interest; and state, United States, and foreign government. See Alabama Code 10A-2-1.40
  • 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
  • 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
  • ESTABLISHING COUNTY: A county, the county commission of which has provided for the establishment of a park or recreational area or has designated land for the establishment thereon of a park or recreational area. See Alabama Code 11-18-20
  • Executor: A male person named in a will to carry out the decedent
  • Expenses: means reasonable expenses of any kind that are incurred in connection with a matter. See Alabama Code 10A-2A-1.40
  • explosives: Any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion, or that contains oxidizing and combustible units, or other ingredients, in such proportions or quantities that ignition by detonation may produce an explosion, capable of causing injury to persons or damage to property. See Alabama Code 8-17-241
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • FARM TRACTOR: Every motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines, and other implements of husbandry. See Alabama Code 32-1-1.1
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • FEDERAL SECURITIES: Direct obligations of the United States of America for the payment of which the full faith and credit of the United States of America is pledged, or obligations issued by a person controlled or supervised by and acting as an instrumentality of the United States of America, the payment of the principal of, premium, if any, and interest on which is fully and unconditionally guaranteed as a full faith and credit obligation by the United States of America. See Alabama Code 11-101A-2
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • FEED DISTRIBUTOR: Any person residing in Alabama, or any Alabama corporation, or Alabama legal business entity that sells directly to a ratite producer feed of any sort that is intended for ratite consumption regardless of where the feed is manufactured. See Alabama Code 2-32-1
  • ferret: All members of the ferret (Mustela putorius furo) family. See Alabama Code 3-7A-1
  • Fiduciary: A trustee, executor, or administrator.
  • 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 entity: means an unincorporated entity, other than a limited liability partnership, that is of a type that is created by filing a public organic record or is required to file a public organic record that evidences its creation. See Alabama Code 10A-2A-1.40
  • 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 lease: means a lease with respect to which:

    (i) the lessor does not select, manufacture, or supply the goods;

    (ii) the lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and

    (iii) one of the following occurs:

    (A) the lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;

    (B) the lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;

    (C) the lease contract or a separate accurate and complete statement delivered to the lessee discloses in writing (a) all express warranties and other rights provided to the lessee by the lessor and the supplier in connection with the lease contract (b) that there are no other express warranties or rights provided to the lessee by the lessor or the supplier in connection with the lease contract, and (c) in a consumer lease, any waiver, disclaimer, or other negation of express or implied warranties and any limitation or modification of remedy or liquidation of damages for breach of those warranties or other rights of the lessee in a manner as provided in this article or in Article 2, as applicable; or

    (D) the lessor, before the lessee signs the lease contract, informs the lessee in writing (a) of the identity of the supplier, unless the lessee has selected the supplier and directed the lessor to purchase the goods from the supplier, (b) that the lessee is entitled under this article to all warranties and other rights provided to the lessee by the supplier in connection with the lease contract, and (c) to contact the supplier to receive an accurate and complete statement from the supplier of any such express warranties and other rights and any disclaimers or limitations of them or of remedies. See Alabama Code 7-2A-103

  • FINANCIAL EXPLOITATION: Any of the following:

    a. See Alabama Code 8-6-171

  • Firefighter: means a current member or members of, or a retired member or members from, a paid, part-paid or volunteer fire department of a city, town, county, or other subdivision of the state or civilian federal firefighters or of a public corporation organized for the purpose of providing water, water systems, fire protection services, or fire protection facilities in the state; and such words shall include the chief, assistant chief, wardens, engineers, captains, firemen, and all other officers and employees of such departments who actually engage in fire fighting or in rendering first aid in case of drownings or asphyxiation at the scene of action. See Alabama Code 32-6-270
  • FIREWORKS SEASONS: The dates of June 20 through July 10 and December 15 through January 2 of each year shall be the only periods when seasonal retailers may sell fireworks. See Alabama Code 8-17-210
  • FISCAL YEAR: A fiscal year of an authorizing subdivision. See Alabama Code 11-101A-2
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • foreign: With respect to an entity, that the entity is formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • foreign 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 a business corporation incorporated under a law other than the law of this state. See Alabama Code 10A-2-1.40
  • foreign corporation: means an entity incorporated or existing under this chapter. See Alabama Code 10A-2A-1.40
  • 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: A foreign limited liability partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • FOREIGN LIMITED PARTNERSHIP: A foreign limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • Foreign nonprofit corporation: means a corporation incorporated under a law other than the law of this state which would be a nonprofit corporation if incorporated under the law of this state. See Alabama Code 10A-2A-1.40
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • GENERAL PARTNERSHIP: A partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • GOOD FAITH: Honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted under the Uniform Commercial Code, Section 7-2-103. See Alabama Code 45-2-22.02
  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Section 7-2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Alabama Code 7-2A-103
  • GOVERNING AUTHORITY: A person or group of persons who are entitled to manage and direct the affairs of an entity pursuant to this title and the governing documents of the entity, except that if the governing documents of the entity or this title divide the authority to manage and direct the affairs of the entity among different persons or groups of persons according to different matters, governing authority means the person or group of persons entitled to manage and direct the affairs of the entity with respect to a matter under the governing documents of the entity or this title. See Alabama Code 10A-1-1.03
  • GOVERNING BODY: The county commission of a county. See Alabama Code 11-9-20
  • GOVERNING BODY: The county commission in which the legislative powers of the county are vested. See Alabama Code 11-20-1
  • GOVERNING BODY: The commission of the county. See Alabama Code 11-20-30
  • GOVERNING BODY: The county commission, council, board of commissioners, board of directors, or other governing body of any issuer. See Alabama Code 8-6-110
  • GOVERNING BODY: With respect to a county, its county commission or other like governing body, and with respect to a municipality, its city or town council, board of commissioners, or other like governing body. See Alabama Code 11-101A-2
  • GOVERNING BODY: The board or body in which the general legislative powers of a municipality or county are vested; provided, that this division shall not authorize any county, city or town to construct an undertaking provided for in paragraph (1) a of this section in any city or town or in any portion of a county which is then adequately served by a like undertaking or undertaking performing the proposed service; provided further, that nothing contained in this division shall authorize the construction or operation of an undertaking for the purpose of manufacturing ice for sale at retail or for retail to the public. See Alabama Code 11-81-140
  • GOVERNING PERSON: A person serving as part of the governing authority of an entity. See Alabama Code 10A-1-1.03
  • Governing statute: means the statute governing the internal affairs of a corporation, foreign corporation, nonprofit corporation, foreign nonprofit corporation, unincorporated entity, or foreign unincorporated entity. See Alabama Code 10A-2A-1.40
  • GOVERNMENT SECURITIES: Any bonds or other obligations which as to principal and interest constitute direct obligations of, or are unconditionally guaranteed by, the United States of America, including obligations of any federal agency to the extent such obligations are unconditionally guaranteed by the United States of America and any certificates or any other evidences of an ownership interest in such obligations of, or unconditionally guaranteed by, the United States of America or in specified portions thereof, which may consist of the principal thereof or the interest thereon. See Alabama Code 2-5A-30
  • 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
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • GROSS WEIGHT: The weight of a vehicle without load plus the weight of any load thereon. See Alabama Code 32-1-1.1
  • guaranteed: Guaranteed as to payment of principal, interest, or dividends. See Alabama Code 8-6-2
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • guarantor: The guarantor of the performance by the lessee of its obligations under a lease or the guarantor of any industrial revenue bonds. See Alabama Code 8-6-110
  • HAS BEEN EXPOSED: Suspected or confirmed contact of saliva with a break or abrasion of the skin or with any mucous membrane, as determined by the health officer or medical or law enforcement personnel. See Alabama Code 3-7A-1
  • HEALTH OFFICER: The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. See Alabama Code 3-7A-1
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • 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
  • HOUSE TRAILER: Either of the following:

    a. See Alabama Code 32-1-1.1

  • IMMUNIZATION AGAINST RABIES: The injection, in a manner approved by the State Health Officer and the State Veterinarian, of rabies vaccine approved by the State Health Officer and the State Veterinarian. See Alabama Code 3-7A-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.
  • IMPLEMENT OF HUSBANDRY: Every vehicle designed and adapted exclusively for agricultural, horticultural, or livestock raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways. See Alabama Code 32-1-1.1
  • IMPOUNDING OFFICER: An agent of a county or municipality vested with impounding authority for animals covered under this chapter. See Alabama Code 3-7A-1
  • improvident: With respect to any industrial revenue bonds the term means that there is a reasonable probability that the bonds will be deficient in one or more of the following respects:

    a. See Alabama Code 8-6-110

  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • incorporators: The persons forming a public corporation organized pursuant to this chapter. See Alabama Code 11-101A-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
  • indenture: A mortgage, mortgage indenture, mortgage and trust indenture, or trust indenture executed by an authority as security for any of its securities. See Alabama Code 11-101A-2
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 10A-1-1.03
  • INDUSTRIAL REVENUE BONDS: The bonds, warrants, notes, certificates of indebtedness, or other obligations issued by any issuer under the authority of the authorizing act to finance or refinance a project or to refund bonds, but does not include either of the following:

    a. See Alabama Code 8-6-110

  • 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
  • institute: The Alabama Local Government Training Institute. See Alabama Code 11-3-42
  • 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
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • INVESTMENT ADVISER: Any person, who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities, or who, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities. See Alabama Code 8-6-2
  • INVESTMENT ADVISER: The same meaning as in subdivision (18) of Section 8-6-2. See Alabama Code 8-6-171
  • INVESTMENT ADVISER REPRESENTATIVE: Any partner, officer, director of (or a person occupying a similar status or performing similar functions) or other individual employed by or associated with an investment adviser, except clerical or ministerial personnel, who:

    a. See Alabama Code 8-6-2

  • INVESTMENT ADVISER REPRESENTATIVE: The same meaning as in subdivision (19) of Section 8-6-2. See Alabama Code 8-6-171
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • issuer: Every person who proposes to issue, has issued, or shall hereafter issue any security. See Alabama Code 8-6-2
  • issuer: A person who places, or authorizes the placing of, his name on a security other than as a transfer agent to evidence that it represents a share, participation, or other interest in his property or in an enterprise or to evidence his duty to perform an obligation evidenced by the security or who becomes responsible for or in place of any such person. See Alabama Code 8-6-91
  • issuer: Any county, city, town, municipality, or public corporation issuing industrial revenue bonds under the authorizing act. See Alabama Code 8-6-110
  • ISSUING AUTHORITY: A municipality or other governmental entity authorized to issue permits and conduct the duties provided by this article. See Alabama Code 8-17-241
  • 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
  • JUDICIAL VALIDATION: The procedure described in Section 8-6-119 by which industrial revenue bonds may be validated and culminating in a decree of the circuit court validating the bonds. See Alabama Code 8-6-110
  • 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
  • Juror: A person who is on the jury.
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Alabama Code 7-2A-103
  • lease: The lease, installment purchase, or other agreement by which the lessee obtains the right to use the project and agrees to make payments sufficient to pay the principal of and interest on the industrial revenue bonds issued to finance or refinance the project. See Alabama Code 8-6-110
  • Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. See Alabama Code 7-2A-103
  • Lease contract: means the total legal obligation that results from the lease agreement as affected by this article and any other applicable rules of law. See Alabama Code 7-2A-103
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • legislature: The Legislature of the state. See Alabama Code 11-101A-2
  • lender: Any federal or state chartered bank, federal land bank, production credit association, bank for cooperatives, federal or state chartered savings and loan association or building and loan association, small business investment company or any other institution qualified within this state to originate and service loans, including, but without limitation to, insurance companies, credit unions and mortgage loan companies. See Alabama Code 2-3A-2
  • Lessee: means a person who acquires the right to possession and use of goods under a lease. See Alabama Code 7-2A-103
  • lessee: The lessee, purchaser, or user of a project under the lease. See Alabama Code 8-6-110
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See Alabama Code 7-2A-103
  • license: An authorization issued pursuant to Section 8-17-247 that identifies persons eligible to do business as a blasting contractor or a quarry operator where explosives will be involved in blasting operations. See Alabama Code 8-17-241
  • 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 PARTNER: A person who has been admitted to a limited partnership as a limited partner as provided by:

    (A) in the case of a domestic limited partnership, Chapter 9A; or

    (B) in the case of a foreign limited partnership, the laws of its jurisdiction of formation. See Alabama Code 10A-1-1.03

  • LIMITED PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Lot: means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract. See Alabama Code 7-2A-103
  • mail: To deposit in the United States mail properly addressed and with postage prepaid. See Alabama Code 32-1-1.1
  • manufacturer: Any of the following:

    a. See Alabama Code 8-17-271

  • manufacturer: Any person engaged in the making, manufacture, or construction of fireworks of any kind within the State of Alabama. See Alabama Code 8-17-210
  • mark: Any trade name, trademark, or service mark entitled to registration under this article whether registered or not. See Alabama Code 8-12-6
  • member: One having membership rights in a corporation in accordance with the provisions of its governing documents. See Alabama Code 10A-3-1.02
  • MEMORANDUM OF UNDERSTANDING: A written document setting forth an agreed upon procedure. See Alabama Code 12-23A-2
  • 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
  • mortgage: A mortgage or a mortgage and deed of trust. See Alabama Code 11-20-1
  • mortgage: A mortgage or a mortgage and deed of trust or a trust indenture. See Alabama Code 11-20-30
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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.
  • 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
  • motorcycle: Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. See Alabama Code 32-1-1.1
  • MUNICIPAL AIRPORT: An airport under the direct control and management of a municipality; provided, that for the purpose of this and the following definition, the letting by a municipality to others of any privilege or concession upon an airport shall not be construed as depriving the municipality of any control or management over any part of such airport or the operations thereon. See Alabama Code 4-4-1
  • municipality: A municipal corporation in the state. See Alabama Code 11-9-20
  • municipality: Any county, city, town or incorporated village of the State of Alabama. See Alabama Code 4-4-1
  • municipality: An incorporated city or town of the state. See Alabama Code 11-101A-2
  • municipality: Such term shall include any incorporated city or town in the state. See Alabama Code 11-81-140
  • 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
  • New personal liability: means personal liability of a person, resulting from a merger or stock exchange, that is (i) (A) in respect of an entity which is different from the entity in which the person held stock or eligible interests immediately before the merger became effective, or (B) in respect of an entity which is different from the entity in which the person held stock immediately before the stock exchange became effective; or (ii) in respect of the same entity as the one in which the person held stock or eligible interests immediately before the merger became effective if (A) the person did not have personal liability immediately before the merger became effective, or (B) the person had personal liability immediately before the merger became effective, the terms and conditions of which were changed when the merger became effective; or (iii) in respect of the same entity as the one in which the person held stock immediately before the stock exchange became effective if (A) the person did not have personal liability immediately before the stock exchange became effective, or (B) the person had personal liability immediately before the stock exchange became effective, the terms and conditions of which were changed when the stock exchange became effective. See Alabama Code 10A-2A-11.01
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • nonissuer: Not directly or indirectly for the benefit of the issuer. See Alabama Code 8-6-2
  • 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
  • notification: The instrument or the procedure, or both, by which an issuer is required by this article to notify the director prior to the proposed issuance of industrial revenue bonds. See Alabama Code 8-6-110
  • offer to sell: includes every attempt to offer or dispose of, or solicitation of an offer to buy, a security or interest in a security for value. See Alabama Code 8-6-2
  • office: The State Fire Marshal's Office. See Alabama Code 8-17-241
  • officer: An individual elected, appointed, or designated as an officer of an entity by the entity's governing authority or under the entity's governing documents. See Alabama Code 10A-1-1.03
  • officer: A president, vice-president, treasurer, secretary, comptroller, or any other person performing similar functions with respect to any organization whether incorporated or unincorporated. See Alabama Code 8-6-2
  • OPERATING AIRCRAFT: Performing the services of an aircraft pilot. See Alabama Code 4-4-1
  • OPERATING AIRPORT: Managing and controlling an airport open for use. See Alabama Code 4-4-1
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • 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 10A-2A-9.01
  • 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 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 10A-2A-11.01
  • 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 incorporation, bylaws, and other agreements among its stockholders 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 incorporation, 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 incorporation, bylaws, and other agreements among its stockholders 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-2A-9.01

  • 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 or foreign corporation, its certificate of incorporation, bylaws, and other agreements among its stockholders 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 incorporation, 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 incorporation, bylaws, and other agreements among its stockholders 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-2A-11.01

  • owner: Any person having a right of property in a dog, cat, ferret, or other animal, or who keeps or harbors the animal, or who has it in his or her care, or acts as its custodian, or who permits the animal to remain on or about any premises occupied by him or her. See Alabama Code 3-7A-1
  • owner: A person, other than a lienholder, having the property in or title to a vehicle. See Alabama Code 32-1-1.1
  • partner: A limited partner or general partner. See Alabama Code 10A-1-1.03
  • 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 10A-1-1.03
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • PARTNERSHIP AGREEMENT: Any agreement (whether referred to as a partnership agreement or otherwise), written, oral or implied, of the partners as to the activities and affairs of a general partnership or a limited partnership. See Alabama Code 10A-1-1.03
  • 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
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • permit: A municipal explosives use permit. See Alabama Code 8-17-241
  • permit: The written authority of the State Fire Marshal issued under the authority of this article. See Alabama Code 8-17-210
  • PERMITTED INVESTMENTS: (i) Government securities; (ii) bonds, debentures, notes or other evidences of indebtedness issued by any of the following agencies: bank for cooperatives; federal intermediate credit banks; Federal Financing Bank; federal home loan banks; Federal Farm Credit Bank; Export-Import Bank of the United States; federal land banks; or Farmers Home Administration or any other agency or corporation which has been or may hereafter be created by or pursuant to an act of the Congress of the United States as an agency or instrumentality thereof; (iii) bonds, notes, pass through securities or other evidences of indebtedness of Government National Mortgage Association and participation certificates of Federal Home Loan Mortgage Corporation; (iv) full faith and credit obligations of any state, provided that at the time of purchase such obligations are rated at least "AA" by Standard & Poor's Corporation and at least "Aa" by Moody's Investors Service; (v) public housing bonds issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by contracts with the United States of America, or temporary notes, preliminary notes or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States of America; (vi) time deposits evidenced by certificates of deposit issued by banks or savings and loan associations which are members of the Federal Deposit Insurance Corporation, provided that, to the extent such time deposits are not covered by federal deposit insurance, such time deposits, including interest thereon, are fully secured by a pledge of obligations described in clauses (i), (ii), (iii), and (v) above, which at all times have a market value not less than the amount of such bank time deposits required to be so secured and which meet the greater of 100 percent collateralization or the "AA" collateral levels established by Standard & Poor's Corporation for structured financings; (vii) repurchase agreements for obligations of the type specified in clauses (i), (ii), (iii), and (v) above, provided such repurchase agreements are fully collateralized and secured by such obligations which have a market value at least equal to the purchase price of such repurchase agreements which are held by a depository satisfactory to the State Treasurer in such manner as may be required to provide a prefected security interest in such obligations, and which meet the greater of 100 percent collateralization or the "AA" collateral levels established by Standard & Poor's Corporation for structured financings; and (viii) uncollateralized investment agreements with, or certificates of deposit issued by, banks or bank holding companies, the senior long-term securities of which are rated at least "AA" by Standard & Poor's Corporation and at least "Aa" by Moody's Investors Service. See Alabama Code 2-5A-30
  • person: shall include a firm, partnership, association of persons, corporation, organization, or any other group acting as a unit. See Alabama Code 45-2-40.01
  • person: An individual, including the estate of an incompetent or deceased individual, or an organization, whether created by the laws of this state or another state or foreign country, including, without limitation, a general partnership, limited liability partnership, limited partnership, limited liability limited partnership, limited liability company, corporation, professional corporation, nonprofit corporation, professional association, trustee, personal representative, fiduciary, as defined in Section 19-3-150 or person performing in any similar capacity, business trust, estate, trust, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 10A-1-1.03
  • person: Individuals, firms, partnerships, and associations. See Alabama Code 3-7A-1
  • person: Any individual, firm, copartnership, corporation, company, association, joint stock association or body politic and includes any trustee, receiver, assignee or other similar representative thereof. See Alabama Code 4-6-2
  • 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: Such term shall include a natural person, a corporation created under the laws of this or any other state, country, sovereignty, or political subdivision thereof, a partnership, an association, a joint-stock company, a trust, and any unincorporated organization. See Alabama Code 8-6-2
  • person: Unless limited to a natural person by the context in which it is used, a person, corporation, association, partnership or cooperative. See Alabama Code 2-3A-2
  • person: Such term includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest or any other legal or commercial entity. See Alabama Code 8-6-91
  • person: Every natural person, firm, copartnership, association, or corporation. See Alabama Code 32-1-1.1
  • person: Any individual, firm, partnership, corporation, association, union, or other organization. See Alabama Code 8-12-6
  • person: Includes any corporation, association, copartnership or one or more individuals. See Alabama Code 8-17-210
  • 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.
  • POLITICAL SUBDIVISION: Any municipality, city, town, village or county. See Alabama Code 4-6-2
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. See Alabama Code 7-2A-103
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal office: means the office, in or out of this state, so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located. See Alabama Code 10A-2-1.40
  • 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
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments thereto, the bylaws, and the minutes of the proceedings of the board of an authority are kept. See Alabama Code 11-101A-2
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Proceeding: includes any civil suit and criminal, administrative, and investigatory action. See Alabama Code 10A-2A-1.40
  • PROFESSIONAL CORPORATION: A domestic or foreign professional corporation as defined in Chapter 4. See Alabama Code 10A-1-1.03
  • project: Any land and any building or other improvement thereon and all real and personal properties deemed necessary in connection therewith, whether or not now in existence, which shall be suitable for use by the following or by any combination of two or more thereof:

    a. See Alabama Code 11-20-1

  • project: Any land and any building or other improvement thereon and all real and personal properties deemed necessary in connection therewith, whether or not now in existence, which shall be suitable for use by the following or by any combination of two or more thereof:

    a. See Alabama Code 11-20-30

  • project: Any land, plant, building, facilities, equipment, or other property proposed to be acquired with the proceeds of any industrial revenue bonds to be used by a lessee under a lease. See Alabama Code 8-6-110
  • project: Any land and any buildings or other improvements thereon and all real and personal properties deemed necessary in connection therewith, whether or not now in existence, which shall be suitable for use by the United States. See Alabama Code 11-101A-2
  • 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
  • public warehouse: as used in this chapter , shall not be construed as applying to any building, structure, or protected enclosure, or portion thereof, used exclusively for the checking or storing of hats, wearing apparel, or baggage or exclusively for the storing of furs when the storage thereof is merely incidental to the business of a dealer therein or to the business of cleaning or renovating such furs. See Alabama Code 8-15-1
  • Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See Alabama Code 7-2A-103
  • QUALIFIED INDIVIDUAL: Any agent, investment adviser representative, or person who serves in a supervisory, compliance, legal, or associated member capacity of a broker-dealer or investment adviser. See Alabama Code 8-6-171
  • QUALITY CONTROL AND QUALITY ASSURANCE PROGRAM: The laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. See Alabama Code 8-17-271
  • QUARANTINE FOR RABIES OBSERVATION: Confinement under the direct care, custody, control, and supervision of a licensed veterinarian for a period of 10 days subsequent to the date of the exposure, or as otherwise directed by the appropriate health officer. See Alabama Code 3-7A-1
  • RABIES OFFICER: A licensed veterinarian as defined in Section 34-29-61, duly appointed by the county board of health and approved by the State Health Officer and State Veterinarian. See Alabama Code 3-7A-1
  • ratite: One of a variety of flightless birds including an ostrich, emu, rhea, cassowary, or kiwi. See Alabama Code 2-32-1
  • RATITE PRODUCER: Any person residing in Alabama, or any Alabama corporation, or Alabama legal business entity that owns or has a financial investment in ratites located in Alabama. See Alabama Code 2-32-1
  • REAL ESTATE INVESTMENT TRUST: An unincorporated trust, association, or other entity as defined in Chapter 10. See Alabama Code 10A-1-1.03
  • REASONABLE QUALIFICATIONS: The standard of the reasonable criteria established and consistently used by the respective supplier for Alabama wholesalers that entered into, continued, or renewed an agreement with the supplier during a period of 24 months prior to the proposed transfer of the wholesaler's business, or for Alabama wholesalers who have changed managers or designated managers during a period of 24 months prior to the proposed change in manager or successor manager of the wholesaler's business. See Alabama Code 45-2-22.02
  • Recess: A temporary interruption of the legislative business.
  • recidivism: A subsequent conviction or plea of nolo contendere in this or any other state or federal court of the United States within three years of successful completion of, or termination from, drug court for any offense carrying a sentence of one year or more. See Alabama Code 12-23A-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
  • 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
  • REFUNDING BONDS: Those refunding bonds issued under and pursuant to Section 2-5A-35. See Alabama Code 2-5A-30
  • registrant: An applicant for whom a registration has been declared effective by the commission. See Alabama Code 8-6-2
  • registrant: The person to whom the registration of a mark under this article is issued and the person's legal representative, successors, or assigns. See Alabama Code 8-12-6
  • 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
  • relapse: A return to substance use after a period of abstinence from substance abuse. See Alabama Code 12-23A-2
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • repeatability: The range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time. See Alabama Code 8-17-271
  • 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).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • RETAIL DEALER: Any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products. See Alabama Code 8-17-271
  • retailer: Any person engaged in the business of making sales of fireworks to consumers within the State of Alabama during a calendar year from January 1 through December 31. See Alabama Code 8-17-210
  • RETALIATORY ACTION: Includes, but is not limited to, the refusal to continue an agreement, or a material reduction in the quality of service or in the quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith. See Alabama Code 45-2-22.02
  • retired military: as used in this division , unless the context clearly requires a different meaning, means only those persons who are nondisability retirees from active duty in the Army, or the Navy, or the Marine Corps, or the Air Force, or the Coast Guard of the United States. See Alabama Code 32-6-290
  • retired volunteer firefighter: includes a volunteer firefighter who is a resident of this state and who has retired from a volunteer fire department in another state and who otherwise meets the requirements of this subsection. See Alabama Code 32-6-270
  • revoke: To vacate the registration of either a security, a dealer, an investment adviser, an agent, or an investment adviser representative for cause by order of the securities commission. See Alabama Code 8-6-2
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • sale: Any transfer of title or possession, or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefor. See Alabama Code 8-17-271
  • sale: An exchange of articles or fireworks for money, including barter, exchange, gift, or offer thereof, and each such transaction made by any person, whether as principal proprietor, salesman, agent, association, copartnership, or one or more individuals. See Alabama Code 8-17-210
  • SALES TERRITORY: an area of exclusive sales responsibility for the brand or brands of wine sold by a supplier as designated by an agreement. See Alabama Code 45-2-22.02
  • salesman: An agent, as hereinabove defined. See Alabama Code 8-6-2
  • SCHOOL BUS: Every motor vehicle that complies with the color and identification requirements set forth by statute or regulation and is used to transport children to or from school or in connection with school activities, but not including buses operated by common carriers in urban transportation of school children. See Alabama Code 32-1-1.1
  • screening: The process of gathering basic information to determine whether the offender meets established drug court eligibility criteria and shall include, but is not limited to, the current charge, a substance abuse evaluation, a brief questionnaire to determine if a risk or needs assessment is needed, and drug testing, and may include, but is not limited to, a substance abuse evaluation, risk assessment, or needs assessment. See Alabama Code 12-23A-2
  • SEASONAL RETAILER: Any person engaged in the business of making sales of fireworks to consumers within the State of Alabama during the fireworks season(s) only, from permanent buildings or temporary or moveable stands. See Alabama Code 8-17-210
  • Secretary: means the corporate officer to whom the board of directors has delegated responsibility under Section 10A-2-8. See Alabama Code 10A-2-1.40
  • 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
  • securities: Bonds, notes, warrants, certificates of indebtedness, or other evidences of indebtedness, including, without limiting the generality of the foregoing, notes issued in anticipation of the sale of any of the foregoing. See Alabama Code 11-101A-2
  • security: Any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, annuity contract unless issued by an insurance company, bankers' shares, trustees' shares, investment participating bonds, investment trust debentures, units, shares, bonds and certificates in, for, respecting, or based upon any form of securities or collateral, subscriptions and contracts covering or pertaining to the sale or purchase on the installment plan of any security as herein defined, or subscription or contracts covering or pertaining to the sale or purchase of beneficial interest in title to property, profits or earnings, or any right to subscribe to any of the foregoing, or any instrument of any kind commonly known as a security. See Alabama Code 8-6-2
  • security: Such term includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness or certificate of interest or participation in an oil, gas, or mining title or lease or in payment out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate, or, in general, any interest or instrument commonly known as a security or any certificate, interest or participation in any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. See Alabama Code 8-6-91
  • SECURITY INTEREST: An interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation. See Alabama Code 32-1-1.1
  • seismograph: An instrument designed to measure and record the surface vibrations produced by blasting in three mutually perpendicular (transverse, vertical, and longitudinal) directions. See Alabama Code 8-17-241
  • sell: To sell or to offer or agree to do the same. See Alabama Code 8-17-271
  • sell: includes every contract of sale of, contract to sell, or disposition of a security or interest in a security for value. See Alabama Code 8-6-2
  • semitrailer: Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. See Alabama Code 32-1-1.1
  • SERVED UPON THE ISSUER: As applied to a stop order, notice of a reference to the commission, or of a hearing before the commission, the term means that it has been deposited in the United States mail in a sealed envelope with first class, certified postage prepaid, properly addressed to the issuer at the address shown in the notification, or delivered to the person who signed the notification on behalf of the issuer. See Alabama Code 8-6-110
  • SERVICE MARK: Any word, name, symbol, character, or device, or any combination thereof and the distinctive feature of radio, television, or other advertising adopted and used by a person to identify services rendered or offered by the person and to distinguish them from the services of others. See Alabama Code 8-12-6
  • 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.
  • SEXUALLY MATURE ANIMAL: Any dog or cat that has reached the age of 180 days. See Alabama Code 3-9-1
  • Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Alabama Code 10A-2-1.40
  • Shares: means the units into which the proprietary interests in a corporation are divided. See Alabama Code 10A-2-1.40
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • SPECIAL FIREWORKS: All articles of fireworks that are classified as Class B explosives in the regulations of the U. See Alabama Code 8-17-210
  • SPLIT SENTENCING: A sentence which includes a period of incarceration followed by a period of probation. See Alabama Code 12-23A-2
  • staffing: The meeting before an appearance of a drug offender in drug court in which the drug court team discusses a coordinated response to the drug offender's behavior. See Alabama Code 12-23A-2
  • state: The State of Alabama and any department, board, bureau, commission, or other agency thereof. See Alabama Code 11-3-42
  • state: The State of Alabama. See Alabama Code 11-9-20
  • 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 23-8-3
  • state: The State of Alabama. See Alabama Code 4-4-1
  • state: Any state, territory, or possession of the United States, as well as the District of Columbia and Puerto Rico. See Alabama Code 8-6-2
  • state: The State of Alabama. See Alabama Code 2-3A-2
  • 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: The State of Alabama. See Alabama Code 11-101A-2
  • 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.
  • sterilization: The surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce. See Alabama Code 3-9-1
  • 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
  • stop: When required, means complete cessation from movement. See Alabama Code 32-1-1.1
  • STOP ORDER: An order issued by the director or by the commission in accordance with this article prohibiting the issuer from issuing the industrial revenue bonds described in the notification or any bonds in lieu of those bonds. See Alabama Code 8-6-110
  • 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
  • structure: Any object constructed or installed by man including, but without limitation, buildings, towers, smokestacks and overhead transmission lines. See Alabama Code 4-6-2
  • Subpoena duces tecum: A command to a witness to produce documents.
  • 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

  • substance: Drug as defined in subdivision (6). See Alabama Code 12-23A-2
  • SUBSTANCE ABUSE: The illegal or improper consumption of a drug. See Alabama Code 12-23A-2
  • SUBSTANCE ABUSE TREATMENT: The application of professionally planned, managed, administered, and monitored procedures for the purpose of alleviating, minimizing, and stabilizing the effect of substance-related disorders and restoring impaired functionality. See Alabama Code 12-23A-2
  • Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Alabama Code 7-2A-103
  • supplier: A manufacturer or importer of wine licensed by the board. See Alabama Code 45-2-22.02
  • 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-2A-11.01
  • suspend: When used in relation to the registration of either a security, a dealer, an investment adviser, an agent, or an investment adviser representative, such term shall mean the temporary cessation or inoperativeness of such registration, whether by reason of operation of law or by reason of an order of the securities commission. See Alabama Code 8-6-2
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testatrix: The female counterpart of a testator.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • THIRD-PARTY: A person other than a bank, broker, transfer agent, or issuer who with respect to a security held by a minor effects a transaction otherwise than directly with the minor. See Alabama Code 8-6-91
  • 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.
  • TRADE NAME: A word, name, symbol, character, design, drawing, device, or any combination thereof adopted and used by a person to identify the person's business (including vocation, occupation, or profession), and distinguish it from the business of others. See Alabama Code 8-12-6
  • trademark: Any word, name, symbol, character, design, drawing, or device, or any combination thereof adopted and used by a person to identify goods made or sold by the person and to distinguish them from goods made or sold by others. See Alabama Code 8-12-6
  • 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
  • trailer: Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. See Alabama Code 32-1-1.1
  • TRANSFER AGENT: A person who acts as authenticating trustee, transfer agent, registrar, or other agent for an issuer in the registration of transfers of securities in the issue of new securities or in the cancellation of surrendered securities. See Alabama Code 8-6-91
  • tree: Any object of natural growth. See Alabama Code 4-6-2
  • truck: Every motor vehicle designed, used, or maintained primarily for the transportation of property. See Alabama Code 32-1-1.1
  • True bill: Another word for indictment.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • trustee: A person who serves as a trustee of a trust, including a real estate investment trust. See Alabama Code 10A-1-1.03
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Type of entity: means a generic form of entity: (i) recognized at common law; or (ii) formed under a governing statute, regardless of whether some entities formed under that law are subject to provisions of that law that create different categories of the form of entity. See Alabama Code 10A-2A-1.40
  • uncontrolled: as used in this chapter shall in no case be construed to prohibit the driving of any animal or stock over, upon or along the public streets and highways of this state by the owner thereof or his duly authorized agent. See Alabama Code 3-5-6
  • undertaking: Such term shall include all of the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed:

    a. See Alabama Code 11-81-140

  • underwriter: A person who agrees to take or contracts to dispose of a stipulated amount of securities, or a portion thereof, at a fixed price. See Alabama Code 8-6-2
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Unincorporated entity: means an organization or artificial legal person that either has a separate legal existence or has the power to acquire an estate in real property in its own name and that is not any of the following: a corporation, foreign corporation, nonprofit corporation, foreign nonprofit corporation, a series of a limited liability company or of another type of entity, an estate, a trust, a state, United States, or foreign government. See Alabama Code 10A-2A-1.40
  • United States: includes any district, authority, bureau, commission, department, and any other agency of the United States. See Alabama Code 10A-2A-1.40
  • UNITED STATES: The United States of America or any of its departments, agencies, or instrumentalities. See Alabama Code 11-101A-2
  • 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
  • urban renewal plan: means a plan, as it exists from time to time, for an urban renewal project, which plan shall conform to the general plan for the municipality as a whole and shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the area of the urban renewal project, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. See Alabama Code 24-3-3
  • used: A mark shall be deemed to be used in this state:

    a. See Alabama Code 8-12-6

  • 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
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • VIOLENT OFFENSE OR CHARGE: As defined in Section 12-25-32(13). See Alabama Code 12-23A-2
  • volunteer rescue squad: means only those persons or organizations who are members of the Alabama Association of Rescue Squads, Inc. See Alabama Code 32-6-170
  • Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Alabama Code 10A-2-1.40
  • 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
  • VULNERABLE ADULT: Any of the following:

    a. See Alabama Code 8-6-171

  • WATERWORKS SYSTEM: Facilities for the gathering, collecting, impounding, treatment, transmission and distribution or any of them of water for domestic use or for industrial use or both, together with all appurtenances to any such facilities and all property used or useful in connection with such facilities, including franchises. See Alabama Code 11-9-20
  • WHOLESALE DEALER: Any person, other than a manufacturer, who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person. See Alabama Code 8-17-271
  • wholesaler: A wholesaler of wine licensed by the board. See Alabama Code 45-2-22.02
  • wholesaler: Any person engaged in the business of making sales of fireworks to any other person engaged in the business of making sales at seasonal retail. See Alabama Code 8-17-210
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.