Article 1 General Provisions 8-6-1 – 8-6-33
Article 2 Securities Commission 8-6-50 – 8-6-60
Article 4 Ownership by Minors 8-6-90 – 8-6-95
Article 5 Pre-Issuance Procedure for Industrial Revenue Bonds 8-6-110 – 8-6-122
Article 6 Uniform Transfer On Death Security Registration Act 8-6-140 – 8-6-151
Article 7 Protection of Vulnerable Adults from Financial Exploitation Act 8-6-170 – 8-6-179

Terms Used In Alabama Code > Title 8 > Chapter 6

  • adulterated: Any carcass, part thereof, meat or meat food product or poultry food product is adulterated under one or more of the following circumstances:

    a. See Alabama Code 32-6-190

  • 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.
  • 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 32-6-155.1
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • agency: when used in reference to an office of a foreign bank, shall have the same meaning as is set forth in Section 1(b)(1) of the Federal International Banking Act (12 U. See Alabama Code 45-8-82.22
  • 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 32-6-155.1

  • agent: The same meaning as in subdivision (2) of Section 8-6-2. See Alabama Code 32-6-362
  • ANIMAL FOOD MANUFACTURER: Any person, firm or corporation engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses or other parts or products of the carcasses of cattle, sheep, swine, goats, horses, mules or other equines or poultry. See Alabama Code 32-6-190
  • 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.
  • apiary: A location or site on which one or more colonies of bees is located. See Alabama Code 32-6-151
  • 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 32-6-155.1
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • ARTICLES OF ORGANIZATION: The filing instrument provided for by Section 10A-5-2. See Alabama Code 45-4-11
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • AUTHORIZING ACT: Any of the following statutes or acts:

    a. See Alabama Code 32-6-274

  • AVIATION GASOLINE: Motor fuel designed for use in the operation of aircraft other than jet aircraft, and sold or used for that purpose. See Alabama Code 45-17-231.20
  • bank: as used in this article shall not in any event include a foreign bank or a branch or agency of a foreign bank. See Alabama Code 45-8-82.22
  • bank: A bank, trust company, national banking association, savings bank, or industrial bank. See Alabama Code 32-6-255
  • Bank Holding Company Act: means the Federal Bank Holding Company Act of 1956, as amended (12 U. See Alabama Code 45-8-82.22
  • 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.
  • 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
  • board: The State Board of Agriculture and Industries. See Alabama Code 32-6-331
  • board: The Alabama Board of Agriculture and Industries. See Alabama Code 45-17-231.20
  • branch: when used in reference to an office of a foreign bank, shall have the same meaning as set forth in Section 1(b)(3) of the Federal International Banking Act (12 U. See Alabama Code 45-8-82.22
  • brand: The trade name or other designation under which a particular petroleum product is sold, offered for sale, or otherwise identified. See Alabama Code 45-17-231.20
  • BRAND NAME: Any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor or licensee and distinguishing it from that of others. See Alabama Code 32-6-331
  • broker: A dealer, as hereinabove defined. See Alabama Code 32-6-155.1
  • 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 32-6-255
  • BROKER-DEALER: The same meaning as in subdivision (3) of Section 8-6-2. See Alabama Code 32-6-362
  • BULK TRANSFER: Any transfer of motor fuel from one location to another by pipeline tender or marine delivery within a bulk transfer/terminal system, including, but not limited to, the following:

    a. See Alabama Code 45-17-231.20

  • BULK USER: A person who receives into his or her own storage facilities, in transport truck lots, taxable motor fuel for his or her own consumption. See Alabama Code 45-17-231.20
  • BUSINESS CORPORATION: A corporation or foreign corporation as defined in Chapter 2. See Alabama Code 45-26-231.06
  • 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 32-6-155.1

  • CAPABLE OF USE AS HUMAN FOOD: Any carcass, or part or product of a carcass of any animal is capable of use as human food, unless it is denatured or otherwise identified as required by regulations prescribed by the commissioner to deter its use as human food or it is naturally inedible by humans. See Alabama Code 32-6-190
  • Capital offense: A crime punishable by death.
  • 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 45-26-231.06
  • Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
  • COMMERCIAL FEED: Such term includes customer-formula feed, as this term is used in this chapter, and means any material whether simple, mixed compound, ground, unground, organic or inorganic, used as a feed for animals other than man or any material including minerals, vitamins, antibiotics, anti-oxidants, medicines, drugs, chemicals and other substances, materials or elements, or parts thereof intended for use or used as an ingredient or component of a mixture of materials, used as a feed for animals other than man; provided, that the commissioner, with approval of the board and by regulation, may exempt from this definition or from specific provisions of this chapter, commodities such as unprocessed and unmixed whole seeds, hay, straw, stover, silage, cobs, husks, hulls and individual chemical compounds or substances when such commodities, compounds or substances are not intermixed or mixed with other materials and are not adulterated within the meaning of subdivision (1) of Section 2-21-22. See Alabama Code 32-6-331
  • commission: The Alabama Securities Commission existing under Article 2 (commencing with Section 8-6-50) of Chapter 6 of Title 8. See Alabama Code 32-6-274
  • commission: The Alabama Securities Commission. See Alabama Code 32-6-362
  • commissioner: The Commissioner of Agriculture and Industries of the State of Alabama. See Alabama Code 45-5-100
  • commissioner: The Alabama Commissioner of Agriculture and Industries. See Alabama Code 45-17-231.20
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 32-6-15
  • commissioner: The Commissioner of Agriculture and Industries of the State of Alabama or his duly authorized representative. See Alabama Code 32-6-190
  • container: Any bag, box, barrel, package, carton, object, apparatus, device, appliance or other container into which commercial feed is packed, stored or placed for handling and transporting. See Alabama Code 32-6-331
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 32-6-15
  • CUSTOMER-FORMULA FEED: Commercial feed which consists of a mixture of commercial feeds and/or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser. See Alabama Code 32-6-331
  • dealer: Any person engaged in the business of buying livestock as a dealer as defined in Section 2-15-131(5). See Alabama Code 45-5-100
  • 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 32-6-155.1
  • dealer: Every person engaged in the business of buying, selling, or exchanging vehicles who has an established place of business for such purpose in this state and to whom current dealer registration plates have been issued by the Department of Revenue. See Alabama Code 16-36-23
  • department: The Alabama Department of Agriculture and Industries. See Alabama Code 45-17-231.20
  • department: The Alabama State Law Enforcement Agency of this state acting directly or through its duly authorized officers and agents. See Alabama Code 16-36-23
  • department: The Department of Human Resources. See Alabama Code 32-6-362
  • 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.
  • Devise: To gift property by will.
  • DIESEL FUEL: Any liquid that is advertised, offered for sale, or sold for use as or used as a motor fuel in a diesel-powered engine. See Alabama Code 45-17-231.20
  • 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 32-6-274
  • director: An individual who serves on the board of directors, by whatever name known, of a foreign or domestic corporation. See Alabama Code 45-26-231.06
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • DISQUALIFIED PERSON: Any person who is not a qualified person. See Alabama Code 45-3A-30.02
  • distribute: To offer for sale, sell, exchange or barter commercial feed; or to supply, furnish or otherwise provide commercial feed to a contract feeder. See Alabama Code 32-6-331
  • distributor: Any person who distributes. See Alabama Code 32-6-331
  • Docket: A log containing brief entries of court proceedings.
  • DOMESTIC PROFESSIONAL CORPORATION: A corporation for profit or nonprofit organized pursuant to the provisions of this chapter. See Alabama Code 45-3A-30.02
  • driver: Every person who drives or is in actual physical control of a vehicle. See Alabama Code 16-36-23
  • drug: Any substance intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in animals other than man and substances other than feed intended to affect the structure or any function of the animal body. See Alabama Code 32-6-331
  • DYED DIESEL FUEL: Diesel fuel that meets the dyeing and marking requirements of Section 4082, Title 26 of the United States Code. See Alabama Code 45-17-231.20
  • DYED KEROSENE: Kerosene that meets the dyeing and marking requirements of Section 4082, Title 26 of the United States Code. See Alabama Code 45-17-231.20
  • 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.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • federal branch: means a branch of a foreign bank that is licensed by the Comptroller of the Currency pursuant to the provisions of Section 4 of the federal International Banking Act (12 U. See Alabama Code 45-8-82.22
  • Federal Deposit Insurance Act: means the Federal Deposit Insurance Act, as amended (12 U. See Alabama Code 45-8-82.22
  • 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 International Banking Act: means the federal International Banking Act of 1978, as amended (12 U. See Alabama Code 45-8-82.22
  • FEDERAL MEAT INSPECTION ACT: The act so entitled, approved May 4, 1907 (34 Stat. See Alabama Code 32-6-190
  • 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
  • FEED INGREDIENT: Each of the constituent materials making up a commercial feed. See Alabama Code 32-6-331
  • Fiduciary: A trustee, executor, or administrator.
  • FILING INSTRUMENT: An instrument, document, or statement that is required or authorized by this title to be filed by or for an entity with the filing officer in accordance with Article 4. See Alabama Code 45-26-231.06
  • FINANCIAL EXPLOITATION: Any of the following:

    a. See Alabama Code 32-6-362

  • 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
  • firm: Any partnership, association or other unincorporated business organization. See Alabama Code 32-6-190
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • foreign: With respect to an entity, that the entity is formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 45-26-231.06
  • FOREIGN LIMITED LIABILITY COMPANY: An organization formed under the laws of any jurisdiction other than Alabama that is substantially similar to a limited liability company. See Alabama Code 45-4-11
  • FOREIGN PROFESSIONAL CORPORATION: A corporation or unincorporated association, for profit or nonprofit, organized for the purpose of rendering professional services under a law other than the law of Alabama. See Alabama Code 45-3A-30.02
  • 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
  • gasohol: A blended motor fuel composed of gasoline and motor fuel grade alcohol. See Alabama Code 45-17-231.20
  • gasoline: Any product commonly or commercially known as gasoline, regardless of classification, that is advertised, offered for sale, or sold for use as or used as motor fuel in an internal combustion engine, including gasohol and blended fuel which contains gasoline. See Alabama Code 45-17-231.20
  • GENERAL PARTNERSHIP: A partnership as defined in Chapter 8A. See Alabama Code 45-26-231.06
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • GOVERNING BODY: The county commission, council, board of commissioners, board of directors, or other governing body of any issuer. See Alabama Code 32-6-274
  • 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 45-37A-51.243
  • 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,
  • guaranteed: Guaranteed as to payment of principal, interest, or dividends. See Alabama Code 32-6-155.1
  • 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 32-6-274
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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.
  • IMMEDIATE CONTAINER: Any consumer package or any other container in which meat food products or poultry food products, not consumer packaged, are packed. See Alabama Code 32-6-190
  • importer: A person who imports petroleum products into this state. See Alabama Code 45-17-231.20
  • 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 32-6-274

  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 45-26-231.06
  • INDUSTRIAL 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 32-6-274

  • 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 45-26-231.06
  • INSPECTION FEE PERMIT HOLDER: A person to whom the Department of Revenue has issued an inspection fee permit. See Alabama Code 45-17-231.20
  • inspector: An employee or official of the State of Alabama authorized by the commissioner or any employee or official of the government of any county or other governmental subdivision of this state authorized by the commissioner to perform any inspection functions under this chapter under an agreement between the commissioner and such governmental subdivision. See Alabama Code 32-6-190
  • 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.
  • Interstate Banking and Branching Efficiency Act: means the federal Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, Public Law No. See Alabama Code 45-8-82.22
  • INTRASTATE COMMERCE: Commerce within this state. See Alabama Code 32-6-190
  • 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 32-6-155.1
  • INVESTMENT ADVISER: The same meaning as in subdivision (18) of Section 8-6-2. See Alabama Code 32-6-362
  • 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 32-6-155.1

  • issuer: Every person who proposes to issue, has issued, or shall hereafter issue any security. See Alabama Code 32-6-155.1
  • 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 32-6-255
  • issuer: Any county, city, town, municipality, or public corporation issuing industrial revenue bonds under the authorizing act. See Alabama Code 32-6-274
  • JUDGE OF PROBATE: The judge of probate of the county in which a domestic entity's certificate of formation is filed, or, with respect to a statement of authority under Chapter 8A, which is to be filed in the real property records of a particular county, the judge of probate of the county in which that statement is filed. See Alabama Code 45-26-231.06
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • 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 32-6-274
  • 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 30-3D-608
  • Jurisprudence: The study of law and the structure of the legal system.
  • kerosene: All grades of kerosene, including, but not limited to, the two grades of kerosene, No. See Alabama Code 45-17-231.20
  • label: A display of written, printed or graphic material upon the immediate container (not including package liners) of any article. See Alabama Code 32-6-190
  • label: A display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed. See Alabama Code 32-6-331
  • labeling: All labels and other written, printed or graphic matter upon any article or any of its containers or wrappers or accompanying such article. See Alabama Code 32-6-190
  • labeling: All labels and other written, printed or graphic matter

    a. See Alabama Code 32-6-331

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • lessee: The lessee, purchaser, or user of a project under the lease. See Alabama Code 32-6-274
  • license: A license, certificate of registration, or other legal authorization. See Alabama Code 45-26-231.06
  • LICENSING AUTHORITY: As defined in Section 10A-1-1. See Alabama Code 45-3A-30.02
  • LICENSING AUTHORITY: The state court, state regulatory licensing board, or other like agency which has the power to issue a license or other legal authorization to render professional services. See Alabama Code 45-26-231.06
  • LIMITED LIABILITY PARTNERSHIP: A limited liability partnership as defined in Chapter 8A. See Alabama Code 45-26-231.06
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • LIVESTOCK MARKET: Any person engaged in the operation of a livestock market as defined in Section 2-15-60(6). See Alabama Code 45-5-100
  • livestock market: as used in this division shall mean livestock markets which are subject to the requirements of Division 1 of this article. See Alabama Code 45-5-171
  • LUBRICATING OIL: Those products of petroleum that are commonly used in lubricating or oiling engines and any devices or substitutes for such products of petroleum. See Alabama Code 45-17-231.20
  • manufacture: To grind, mix or blend, or further process, a commercial feed for distribution. See Alabama Code 32-6-331
  • MEAT BROKER: Any person, firm or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products of cattle, sheep, swine, goats, horses, mules or other equines or poultry on commission or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person, firm or corporation. See Alabama Code 32-6-190
  • MEAT FOOD PRODUCT: Any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, goats or poultry, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry and which are exempted from definition as a meat food product by the commissioner under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products. See Alabama Code 32-6-190
  • member: A person reflected in the required records of a limited liability company as the owner of some governance rights of a membership interest in the limited liability company. See Alabama Code 45-4-11
  • misbranded: Any carcass, part thereof, meat or meat food product or poultry or poultry food product is misbranded under one or more of the following circumstances:

    a. See Alabama Code 32-6-190

  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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 16-36-23
  • 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 16-36-23
  • municipality: Such term shall include any incorporated city or town in the state. See Alabama Code 45-37A-51.243
  • 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
  • NET GALLONS: The amount of dyed diesel fuel and dyed kerosene measured in gallons when adjusted to a temperature of 60 degrees Fahrenheit and a pressure of fourteen and seven-tenths pounds pressure per square inch. See Alabama Code 45-17-231.20
  • No true bill: A legal procedure to dismiss charges against a defendant when the grand jury does not find enough evidence to charge the defendant with violating a law. Also called a "no bill."
  • nonissuer: Not directly or indirectly for the benefit of the issuer. See Alabama Code 32-6-155.1
  • NONPROFIT CORPORATION: A domestic or foreign nonprofit corporation as defined in Chapter 3. See Alabama Code 45-26-231.06
  • 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 32-6-274
  • oath: includes affirmation. See Alabama Code 30-3D-608
  • 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 32-6-155.1
  • 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 32-6-155.1
  • OFFICIAL CERTIFICATE: Any certificate prescribed by regulations of the commissioner for issuance by an inspector or other person performing official functions under this chapter. See Alabama Code 32-6-190
  • OFFICIAL DEVICE: Any device prescribed or authorized by the commissioner for use in applying any official mark. See Alabama Code 32-6-190
  • OFFICIAL ESTABLISHMENT: Any establishment as determined by the commissioner at which inspection of the slaughter of livestock or poultry or the preparation of meat food products or poultry food products is maintained under the authority of this chapter. See Alabama Code 32-6-190
  • OFFICIAL MARK: The official inspection legend or any other symbol prescribed by regulations of the commissioner to identify the status of any article or animal under this chapter. See Alabama Code 32-6-190
  • OFFICIAL SAMPLE: A sample of feed taken by the commissioner or his agent in accordance with Section 2-21-26. See Alabama Code 32-6-331
  • OPERATING AGREEMENT: A written agreement of the member or members governing the affairs of a limited liability company and the conduct of its business. See Alabama Code 45-4-11
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: A person, other than a lienholder, having the property in or title to a vehicle. See Alabama Code 16-36-23
  • 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
  • PERMISSIVE SUPPLIER: An out-of-state supplier that elects, but is not required, to have a supplier's license as required in Section 40-17-332. See Alabama Code 45-17-231.20
  • PERMITTED ANALYTICAL VARIATION: Allowances for the inherent variability in sampling and in laboratory analyses of guaranteed components, as published by the Association of American Feed Control Officials from time to time in its official publication. See Alabama Code 32-6-331
  • person: Any individual, partnership, corporation, association or other business unit. See Alabama Code 45-5-100
  • person: Such term includes individual, partnership, corporation, cooperatives and associations. See Alabama Code 32-6-331
  • person: Any natural person, firm, partnership, association, corporation, receiver, trust, estate, or other entity as well as any other group or combination thereof acting as a unit. See Alabama Code 45-17-231.20
  • 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 32-6-155.1
  • person: An individual, a partnership, a corporation or two or more individuals having a joint or common interest. See Alabama Code 32-6-15
  • person: 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 32-6-255
  • person: Every natural person, firm, copartnership, association, or corporation. See Alabama Code 16-36-23
  • PERSON FIRST SELLING: Any person, as herein defined, who first sells dyed diesel fuel, dyed kerosene, and/or lubricating oil in Alabama on which an inspection fee is imposed by this article. See Alabama Code 45-17-231.20
  • pet: Any domesticated animal normally maintained in or near the household of the owner thereof. See Alabama Code 32-6-331
  • PETROLEUM PRODUCTS: Gasoline, diesel fuel, and lubricating oil. See Alabama Code 45-17-231.20
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • poultry: Any live or slaughtered domesticated bird. See Alabama Code 32-6-190
  • POULTRY FOOD PRODUCT: Any poultry carcass or any part thereof or any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of poultry, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry and which are exempted from definition as a poultry food product by the commissioner under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as poultry food products. See Alabama Code 32-6-190
  • 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
  • prepared: Slaughtered, canned, salted, rendered, boned, cut up or otherwise manufactured or processed. See Alabama Code 32-6-190
  • 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.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • PRODUCT NAME: The name of the commercial feed which identifies it as to kind, class or specific use. See Alabama Code 32-6-331
  • PROFESSIONAL SERVICE: Any type of service that may lawfully be performed only pursuant to a license issued by a state court, state regulatory licensing board, or other like agency pursuant to state laws. See Alabama Code 45-26-231.06
  • PROFESSIONAL SERVICE: As defined in Section 10A-1-1. See Alabama Code 45-3A-30.02
  • 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 32-6-274
  • property: Includes all property, whether real, personal, or mixed, or tangible or intangible, or any right or interest therein. See Alabama Code 45-26-231.06
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • 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 32-6-362
  • QUALIFIED PERSON: With respect to any domestic professional corporation:

    a. See Alabama Code 45-3A-30.02

  • Quorum: The number of legislators that must be present to do business.
  • real property: includes lands, tenements and hereditaments. See Alabama Code 30-3D-608
  • registrant: An applicant for whom a registration has been declared effective by the commission. See Alabama Code 32-6-155.1
  • 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 16-36-23
  • renderer: Any person, firm or corporation engaged in the business of rendering carcasses or parts or products of the carcasses of cattle, sheep, swine, goats, horses, mules or other equines or poultry, except rendering conducted under inspection under this chapter. See Alabama Code 32-6-190
  • 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.
  • retailer: A person other than a wholesale distributor that engages in the business of selling or distributing taxable motor fuel to the end user within this state. See Alabama Code 45-17-231.20
  • 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
  • REVENUE COMMISSIONER: The Commissioner of the Alabama Department of Revenue. See Alabama Code 45-17-231.20
  • 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 32-6-155.1
  • 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.
  • salesman: An agent, as hereinabove defined. See Alabama Code 32-6-155.1
  • 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 32-6-155.1
  • 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 32-6-255
  • 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 32-6-155.1
  • 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 16-36-23
  • 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 32-6-274
  • 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.
  • SHIPPING CONTAINER: Any container used or intended for use in packaging the product packed in an immediate container. See Alabama Code 32-6-190
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • state: The State of Alabama. See Alabama Code 45-17-231.20
  • state: Any state, territory, or possession of the United States, as well as the District of Columbia and Puerto Rico. See Alabama Code 32-6-155.1
  • state: A state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of Canada. See Alabama Code 16-36-23
  • 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 32-6-274
  • Subpoena: A command to a witness to appear and give testimony.
  • 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 30-3D-608
  • Summons: Another word for subpoena used by the criminal justice system.
  • superintendent: means the superintendent then in office and, where appropriate, all of his or her successors and predecessors in office. See Alabama Code 45-8-82.22
  • supplier: A person who is subject to the general taxing jurisdiction of this state and registered under Section 4101 of the Internal Revenue Code for transactions in motor fuel in the bulk transfer/terminal distribution system and who owns motor fuel in the bulk transfer/terminal system, or a person who receives motor fuel in this state pursuant to a two-party exchange. See Alabama Code 45-17-231.20
  • 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 32-6-155.1
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • 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 32-6-255
  • ton: A net weight of two thousand pounds avoirdupois. See Alabama Code 32-6-331
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • traffic: Pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highway for purposes of travel. See Alabama Code 16-36-23
  • 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 16-36-23
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • TRANSFER 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 32-6-255
  • True bill: Another word for indictment.
  • Trustee: A person or institution holding and administering property in trust.
  • 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 45-37A-51.243

  • 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 32-6-155.1
  • UNDYED DIESEL FUEL: Diesel fuel that has not been dyed in accordance with the Internal Revenue Service fuel dyeing provisions. See Alabama Code 45-17-231.20
  • 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
  • United States: when used in a geographical sense, means the several states, the District of Columbia, Puerto Rico, Guam, American Samoa, the American Virgin Islands, the Trust Territory of the Pacific Islands, and any other territory of the United States; and, when used in a political sense, means the federal government of the United States. See Alabama Code 45-8-82.22
  • 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 16-36-23
  • Verdict: The decision of a petit jury or a judge.
  • VERTICAL-INTEGRATOR FEED: A commercial feed manufactured for feeding livestock, poultry or aquatic animals that are owned by the person manufacturing the feed or that are owned by subsidiaries, parents or other business entities associated with the manufacturer through common ownership. See Alabama Code 32-6-331
  • 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
  • VULNERABLE ADULT: Any of the following:

    a. See Alabama Code 32-6-362