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https://law.justia.com/codes/alabama/title-8/chapter-9a/section-8-9a-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9A - Alabama Fraudulent Transfer Act.›Section 8-9A-9 - Extinguishment of Claim for Relief.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9A - Alabama Fraudulent Transfer Act. › Section 8-9A-9 - Extinguishment of Claim for Relief.
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Section 8-9A-9
Extinguishment of claim for relief.
A claim for relief with respect to a fraudulent transfer under this chapter is extinguished unless action is brought:
(1) Under Section 8-9A-4(a) within 10 years after the transfer of real property was made.
(2) Under Section 8-9A-4(a) within six years after the transfer of personal property was made.
(3) Under Section 8-9A-4(c) or 8-9A-5(a), within four years after the transfer was made when the action is brought by a creditor whose claim arose before the transfer was made.
(4) Under Section 8-9A-4(c), within one year after the transfer was made when the action is brought by a creditor whose claim arose after the transfer was made; or
(5) Under Section 8-9A-5(b), within one year after the transfer was made.
(Acts 1989, No. 89-793, p. 1585, §9.)
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https://law.justia.com/codes/alabama/title-8/chapter-9a/section-8-9a-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9A - Alabama Fraudulent Transfer Act.›Section 8-9A-10 - Supplementary Provisions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9A - Alabama Fraudulent Transfer Act. › Section 8-9A-10 - Supplementary Provisions.
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Section 8-9A-10
Supplementary provisions.
Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.
(Acts 1989, No. 89-793, p. 1585, §10.)
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https://law.justia.com/codes/alabama/title-8/chapter-9a/section-8-9a-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9A - Alabama Fraudulent Transfer Act.›Section 8-9A-11 - Uniformity of Application and Construction.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9A - Alabama Fraudulent Transfer Act. › Section 8-9A-11 - Uniformity of Application and Construction.
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Section 8-9A-11
Uniformity of application and construction.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
(Acts 1989, No. 89-793, p. 1585, §11.)
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https://law.justia.com/codes/alabama/title-8/chapter-9a/section-8-9a-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9A - Alabama Fraudulent Transfer Act.›Section 8-9A-12 - Short Title.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9A - Alabama Fraudulent Transfer Act. › Section 8-9A-12 - Short Title.
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Section 8-9A-12
Short title.
This chapter may be cited as the "Alabama Uniform Fraudulent Transfer Act."
(Acts 1989, No. 89-793, p. 1585, §12.)
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https://law.justia.com/codes/alabama/title-8/chapter-9b/section-8-9b-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9B - Alabama Uniform Voidable Transactions Act›Section 8-9B-1 - Short Title.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-1 - Short Title.
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Section 8-9B-1
Short title.
This chapter may be cited as the Alabama Uniform Voidable Transactions Act.
(Act 2018-163, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-9b/section-8-9b-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9B - Alabama Uniform Voidable Transactions Act›Section 8-9B-2 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-2 - Definitions.
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Section 8-9B-2
Definitions.
As used in this chapter:
(1) "Affiliate" means:
(i) a person that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person that holds the securities:
(A) as a fiduciary or agent without sole discretionary power to vote the securities; or
(B) solely to secure a debt, if the person has not in fact exercised the power to vote;
(ii) a corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held, with power to vote, by the debtor or a person that directly or indirectly owns, controls, or holds, with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person that holds the securities:
(A) as a fiduciary or agent without sole discretionary power to vote the securities; or
(B) solely to secure a debt, if the person has not in fact exercised the power to vote;
(iii) a person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or
(iv) a person that operates the debtor’s business under a lease or other agreement or controls substantially all of the debtor’s assets.
(2) "Asset" means property of a debtor, but the term does not include:
(i) property to the extent it is encumbered by a valid lien;
(ii) property to the extent it is generally exempt under nonbankruptcy law; or
(iii) an interest in property held in tenancy in common for life with cross contingent remainder to the survivor in fee to the extent it is not subject to process by a creditor holding a claim against only one tenant.
(3) "Claim," except as used in "claim for relief," means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured and specifically shall include the nonpayment of child support pursuant to a court order.
(4) "Creditor" means a person that has a claim.
(5) "Debt" means liability on a claim.
(6) "Debtor" means a person that is liable on a claim.
(7) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(8) "Insider" includes:
(i) if the debtor is an individual:
(A) a relative of the debtor or of a general partner of the debtor;
(B) a partnership in which the debtor is a general partner;
(C) a general partner in a partnership described in clause (B); or
(D) a corporation of which the debtor is a director, officer, or person in control;
(ii) if the debtor is a corporation:
(A) a director of the debtor;
(B) an officer of the debtor;
(C) a person in control of the debtor;
(D) a partnership in which the debtor is a general partner;
(E) a general partner in a partnership described in clause (D); or
(F) a relative of a general partner, director, officer, or person in control of the debtor;
(iii) if the debtor is a partnership:
(A) a general partner in the debtor;
(B) a relative of a general partner in, a general partner of, or a person in control of the debtor;
(C) another partnership in which the debtor is a general partner;
(D) a general partner in a partnership described in clause (C); or
(E) a person in control of the debtor;
(iv) an affiliate, or an insider of an affiliate as if the affiliate were the debtor; and
(v) a managing agent of the debtor.
(9) "Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien.
(10) "Organization" means a person other than an individual.
(11) "Person" means an individual, estate, partnership, association, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal or commercial entity.
(12) "Property" means both real and personal property, whether tangible or intangible, and any interest in property whether legal or equitable and includes anything that may be the subject of ownership.
(13) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(14) "Relative" means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree.
(15) "Sign" means, with present intent to authenticate or adopt a record:
(i) to execute or adopt a tangible symbol; or
(ii) to attach to or logically associate with the record an electronic symbol, sound, or process.
(16) "Transfer" means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, license, and creation of a lien or other encumbrance. The term also includes a transfer made pursuant to a settlement whether or not incorporated into a court order.
(17) "Valid lien" means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.
(Act 2018-163, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-9b/section-8-9b-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9B - Alabama Uniform Voidable Transactions Act›Section 8-9B-3 - Insolvency.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-3 - Insolvency.
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Section 8-9B-3
Insolvency.
(a) A debtor is insolvent if the sum of the debtor’s debts at a fair valuation is greater than the sum of the debtor’s assets at a fair valuation.
(b) A debtor that is generally not paying the debtor’s debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.
(c) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter.
(d) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
(Act 2018-163, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-9b/section-8-9b-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9B - Alabama Uniform Voidable Transactions Act›Section 8-9B-4 - Value.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-4 - Value.
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Section 8-9B-4
Value.
(a) Value is given for a transfer if, in exchange for the transfer, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s business to furnish support to the debtor or another person.
(b) For the purposes of Section 8-9B-5 (a)(2) and Section 8-9B-6, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.
(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
(Act 2018-163, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-9b/section-8-9b-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9B - Alabama Uniform Voidable Transactions Act›Section 8-9B-5 - Transfer Voidable as to Present or Future Creditor.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-5 - Transfer Voidable as to Present or Future Creditor.
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Section 8-9B-5
Transfer voidable as to present or future creditor.
(a) A transfer made by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made, if the debtor made the transfer:
(1) with actual intent to hinder, delay, or defraud any creditor of the debtor; or
(2) without receiving a reasonably equivalent value in exchange for the transfer, and the debtor:
(i) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
(ii) intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor’s ability to pay as they became due.
(b) In determining actual intent under subsection (a)(1), consideration may be given, among other factors, to whether:
(1) the transfer was to an insider;
(2) the debtor retained possession or control of the property transferred after the transfer;
(3) the transfer was concealed or not disclosed;
(4) before the transfer was made, the debtor had been sued or threatened with suit;
(5) the transfer was of substantially all the debtor’s assets;
(6) the debtor absconded;
(7) the debtor removed or concealed assets;
(8) the value of the consideration received by the debtor was not reasonably equivalent to the value of the asset transferred;
(9) the debtor was insolvent or became insolvent shortly after the transfer was made;
(10) the transfer occurred shortly before or shortly after a substantial debt was incurred; and
(11) the debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor.
(c) A creditor making a claim for relief under subsection (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
(Act 2018-163, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-9b/section-8-9b-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9B - Alabama Uniform Voidable Transactions Act›Section 8-9B-6 - Transfer Voidable as to Present Creditor.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-6 - Transfer Voidable as to Present Creditor.
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Section 8-9B-6
Transfer voidable as to present creditor.
(a) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the debtor made the transfer without the debtor receiving a reasonably equivalent value in exchange for the transfer and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer.
(b) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.
(c) Subject to Section 8-9B-3(b), a creditor making a claim for relief under subsection (a) or (b) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
(Act 2018-163, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-9b/section-8-9b-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9B - Alabama Uniform Voidable Transactions Act›Section 8-9B-7 - When Transfer Is Made.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-7 - When Transfer Is Made.
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Section 8-9B-7
When transfer is made.
For the purposes of this chapter:
(1) a transfer is made:
(i) with respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against which applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
(ii) with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee;
(2) if applicable law permits the transfer to be perfected as provided in paragraph (1) and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action;
(3) if applicable law does not permit the transfer to be perfected as provided in paragraph (1), the transfer is made when it becomes effective between the debtor and the transferee; and
(4) except with respect to personal property and fixtures where a lender has perfected its security interest in such property in which event paragraph (1)(i) shall apply, a transfer is not made until the debtor has acquired rights in the asset transferred.
(Act 2018-163, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-9b/section-8-9b-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9B - Alabama Uniform Voidable Transactions Act›Section 8-9B-8 - Remedies of Creditor.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-8 - Remedies of Creditor.
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Section 8-9B-8
Remedies of creditor.
(a) In an action for relief against a transfer under this chapter, a creditor, subject to the limitations in Section 8-9B-9, may obtain:
(1) avoidance of the transfer to the extent necessary to satisfy the creditor’s claim;
(2) an attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law; and
(3) subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
(i) an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(ii) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
(iii) any other relief the circumstances may require.
(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
(Act 2018-163, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-9b/section-8-9b-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9B - Alabama Uniform Voidable Transactions Act›Section 8-9B-9 - Defenses, Liability, and Protection of Transferee.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-9 - Defenses, Liability, and Protection of Transferee.
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Section 8-9B-9
Defenses, liability, and protection of transferee.
(a) A transfer is not voidable under Section 8-9B-5(a)(1) against a person that took in good faith and for a reasonably equivalent value given the debtor or against any subsequent transferee that took in good faith.
(b) To the extent a transfer is avoidable in an action by a creditor under Section 8-9B-8(a)(1), the following rules apply:
(1) Except as otherwise provided in this section, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c), or the amount necessary to satisfy the creditor’s claim, whichever is less. The judgment may be entered against:
(i) the first transferee of the asset or the person for whose benefit the transfer was made; or
(ii) any subsequent transferee, other than:
(A) a good-faith transferee that took for value; or
(B) a subsequent transferee of a person described in clause (A).
(2) Recovery pursuant to Section 8-9B-8(a)(1) or (b) of or from the asset transferred or its proceeds, by levy or otherwise, is available only against a person described in paragraph (1)(i) or (ii).
(c) If the judgment under subsection (b) is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.
(d) Notwithstanding voidability of a transfer under this chapter, a good-faith transferee is entitled, to the extent of the value given the debtor for the transfer, to:
(1) a lien on or a right to retain an interest in the asset transferred; or
(2) a reduction in the amount of the liability on the judgment.
(e) A transfer is not voidable under Section 8-9B-5(a)(2) or Section 8-9B-6 if the transfer results from:
(1) termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law;
(2) enforcement of a security interest in compliance with Article 9 of the Uniform Commercial Code, Article 9A, commencing with Section 7-9A-1, of Title 7, other than acceptance of collateral in full or partial satisfaction of the obligation it secures; or
(3) a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor under a mortgage, deed of trust, or security agreement.
(f) A transfer is not voidable under Section 8-9B-6(b):
(1) to the extent the insider gave new value to or for the benefit of the debtor after the transfer was made, except to the extent the new value was secured by a valid lien;
(2) if made in the ordinary course of business or financial affairs of the debtor and the insider; or
(3) if made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.
(g) The following rules determine the burden of proving matters referred to in this section:
(1) A party that seeks to invoke subsection (a), (d), (e), or (f) has the burden of proving the applicability of that subsection.
(2) Except as otherwise provided in paragraphs (3) and (4), the creditor has the burden of proving each applicable element of subsection (b) or (c).
(3) The transferee has the burden of proving the applicability to the transferee of subsection (b)(1)(ii)(A) or (B).
(4) A party that seeks adjustment under subsection (c) has the burden of proving the adjustment.
(h) The standard of proof required to establish matters referred to in this section is preponderance of the evidence.
(Act 2018-163, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-9b/section-8-9b-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9B - Alabama Uniform Voidable Transactions Act›Section 8-9B-10 - Extinguishment of Claim for Relief.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-10 - Extinguishment of Claim for Relief.
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Section 8-9B-10
Extinguishment of claim for relief.
A claim for relief with respect to a transfer under this chapter is extinguished unless action is brought:
(a) under Section 8-9B-5(a)(1), within ten years after the transfer of real property was made;
(b) under Section 8-9B-5(a)(1), within six years after the transfer of personal property was made;
(c) under Section 8-9B-5(a)(2) or 8-9B-6(a), within four years after the transfer was made when the action is brought by a creditor whose claim arose before the transfer was made;
(d) under Section 8-9B-5(a)(2), within one year after the transfer was made when the action is brought by a creditor whose claim arose after the transfer was made; or
(e) under Section 8-9B-6(b), within one year after the transfer was made.
(Act 2018-163, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-9b/section-8-9b-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9B - Alabama Uniform Voidable Transactions Act›Section 8-9B-11 - Governing Law.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-11 - Governing Law.
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Section 8-9B-11
Governing law.
(a) In this section, the following rules determine a debtor's location:
(1) A debtor who is an individual is located at the individual's principal residence.
(2) A debtor that is an organization and has only one place of business is located at its place of business.
(3) A debtor that is an organization and has more than one place of business is located at its chief executive office.
(b) A claim for relief in the nature of a claim for relief under this chapter is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made.
(Act 2018-163, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-9b/section-8-9b-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9B - Alabama Uniform Voidable Transactions Act›Section 8-9B-12 - Application to Series Organization.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-12 - Application to Series Organization.
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Section 8-9B-12
Application to series organization.
(a) In this section:
(1) "Series" means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in paragraph (2).
(2) "Series organization" means an organization that, pursuant to the law under which it is organized, has the following characteristics:
(i) The public organic record of the organization provides for creation by the organization of one or more series, however denominated, with respect to specified property of the organization, and for records to be maintained for each series that identify the property of or associated with the series.
(ii) Debt incurred or existing with respect to the activities of, or property of or associated with, a particular series is enforceable against the property of or associated with the series only, and not against the property of or associated with the organization or associated with any other series of the organization.
(iii) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a series of the organization.
(b) A series organization and each series of the organization is a separate person for purposes of this chapter, even if for other purposes a series is not a person separate from the organization or other series of the organization.
(Act 2018-163, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-9b/section-8-9b-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9B - Alabama Uniform Voidable Transactions Act›Section 8-9B-13 - Supplementary Provisions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-13 - Supplementary Provisions.
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Section 8-9B-13
Supplementary provisions.
Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.
(Act 2018-163, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9B - Alabama Uniform Voidable Transactions Act›Section 8-9B-14 - Uniformity of Application and Construction.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-14 - Uniformity of Application and Construction.
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Section 8-9B-14
Uniformity of application and construction.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
(Act 2018-163, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-9b/section-8-9b-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9B - Alabama Uniform Voidable Transactions Act›Section 8-9B-15 - Relation to Electronic Signatures in Global and National Commerce Act.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-15 - Relation to Electronic Signatures in Global and National Commerce Act.
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Section 8-9B-15
Relation to electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
(Act 2018-163, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-9b/section-8-9b-16/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 9B - Alabama Uniform Voidable Transactions Act›Section 8-9B-16 - Application; Conforming Amendments.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-16 - Application; Conforming Amendments.
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Section 8-9B-16
Application; conforming amendments.
This chapter applies to transfers made on or after January 1, 2019, and does not apply to a transfer made before January 1, 2019. The Alabama Uniform Fraudulent Transfer Act, Sections 8-9A-1 to 8-9A-12, inclusive, shall apply to transfers made prior to January 1, 2019, and shall not apply to a transfer made on or after January 1, 2019.
(Act 2018-163, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-10/section-8-10-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 10 - Restraint of Trade or Production.›Section 8-10-1 - Entering Combination, Pool, etc., to Fix Price or Limit Quantity of Commodity.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 10 - Restraint of Trade or Production. › Section 8-10-1 - Entering Combination, Pool, etc., to Fix Price or Limit Quantity of Commodity.
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Section 8-10-1
Entering combination, pool, etc., to fix price or limit quantity of commodity.
Any person or corporation who engages or agrees with other persons or corporations or enters, directly or indirectly, into any combination, pool, trust, or confederation to regulate or fix the price of any article or commodity to be sold or produced within this state or any person or corporation who enters into, becomes a member of or party to any pool agreement, combination, or confederation to fix or limit the quantity of any article or commodity to be produced, manufactured, mined, or sold in this state must be fined, on conviction, not less than $500 nor more than $2,000.
(Code 1896, §5557; Code 1907, §7579; Code 1923, §5212; Code 1940, T. 57, §106.)
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https://law.justia.com/codes/alabama/title-8/chapter-10/section-8-10-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 10 - Restraint of Trade or Production.›Section 8-10-2 - Entering Combination to Control Management of Corporation With Intent to Fix Price,...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 10 - Restraint of Trade or Production. › Section 8-10-2 - Entering Combination to Control Management of Corporation With Intent to Fix Price, Diminish Production, Etc.
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Section 8-10-2
Entering combination to control management of corporation with intent to fix price, diminish production, etc.
Any corporation chartered under the laws of this state or any officer, stockholder, agent, or employee of any such corporation which enters into any combination with any other corporation or person with the intent to place the management or control of any such corporation in the hands of another corporation or person and thereby limit or fix the price, restrict or diminish the production, manufacture, sale, use, or consumption of any article of commerce must be fined, on conviction, not less than $500 nor more than $2,000.
(Code 1896, §5558; Code 1907, §7580; Code 1923, §5213; Code 1940, T. 57, §107.)
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https://law.justia.com/codes/alabama/title-8/chapter-10/section-8-10-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 10 - Restraint of Trade or Production.›Section 8-10-3 - Restraining Trade or Production, Monopolizing Commodities or Business, Destruction...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 10 - Restraint of Trade or Production. › Section 8-10-3 - Restraining Trade or Production, Monopolizing Commodities or Business, Destruction of Competition, Etc.
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Section 8-10-3
Restraining trade or production, monopolizing commodities or business, destruction of competition, etc.
Any person or corporation, domestic or foreign, which shall restrain, or attempt to restrain, the freedom of trade or production, or which shall monopolize, or attempt to monopolize, the production, control, or sale of any commodity or the prosecution, management, or control of any kind, class, or description of business or which shall destroy, or attempt to destroy, competition in the manufacture or sale of a commodity shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $500 nor more than $2,000 for each offense.
(Code 1907, §7581; Code 1923, §5214; Code 1940, T. 57, §108.)
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https://law.justia.com/codes/alabama/title-8/chapter-11/section-8-11-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 11 - Rebates, Discounts, Drawbacks, Return Commissions, Gifts or Gratuities.›Section 8-11-4 - Taking Rebate, etc., by Officer, Agent, etc., of Railroad, Manufacturing or Mining...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 11 - Rebates, Discounts, Drawbacks, Return Commissions, Gifts or Gratuities. › Section 8-11-4 - Taking Rebate, etc., by Officer, Agent, etc., of Railroad, Manufacturing or Mining Corporation.
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Section 8-11-4
Taking rebate, etc., by officer, agent, etc., of railroad, manufacturing or mining corporation.
Any officer, agent, or servant of any railroad, manufacturing, or mining corporation who is authorized or employed to buy any property or who may be empowered to contract for, let out, locate, superintend, or estimate for any work or construction for such corporation and who demands, asks for, bargains for, agrees to take, takes, or receives, directly or indirectly, from the seller of such property or the contractor or other person any rebate, discount, drawback, return commission, gift, or gratuity, must be punished on conviction as if he had stolen it.
(Code 1886, §3826; Code 1896, §4744; Code 1907, §7706; Code 1923, §5417; Code 1940, T. 57, §112.)
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https://law.justia.com/codes/alabama/title-8/chapter-11/section-8-11-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 11 - Rebates, Discounts, Drawbacks, Return Commissions, Gifts or Gratuities.›Section 8-11-5 - Taking Rebate, etc., by Factor, Commission Merchant, Broker, Attorney, Auctioneer,...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 11 - Rebates, Discounts, Drawbacks, Return Commissions, Gifts or Gratuities. › Section 8-11-5 - Taking Rebate, etc., by Factor, Commission Merchant, Broker, Attorney, Auctioneer, or Agent.
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Section 8-11-5
Taking rebate, etc., by factor, commission merchant, broker, attorney, auctioneer, or agent.
Any factor, commission merchant, broker, attorney, auctioneer, architect, or agent who is employed or authorized to sell the property of another or to contract for, survey, locate, estimate for, or superintend any work and who demands, asks for, bargains for, agrees to take, takes, or receives, directly or indirectly, from the purchaser, contractor, or any person who is employed to store, move, handle, transport, insure, repair, or do any act or service in or about the taking care of, preserving, and marketing such property any rebate, discount, drawback, return commission, gift, or gratuity, who charges his principal on account of any one or more of the above enumerated services more than he actually paid therefor or who buys any property or thing for his principal and charges his principal more than he actually paid therefor, must be punished on conviction as if he had stolen it.
(Code 1886, §3827; Code 1896, §4745; Code 1907, §7707; Code 1923, §5418; Code 1940, T. 57, §113.)
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https://law.justia.com/codes/alabama/title-8/chapter-12/article-1/section-8-12-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 1 - General Provisions.›Section 8-12-1 - Appropriation of Trademark to Designate Origin or Ownership.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 1 - General Provisions. › Section 8-12-1 - Appropriation of Trademark to Designate Origin or Ownership.
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Section 8-12-1
Appropriation of trademark to designate origin or ownership.
One who produces or deals in a particular thing or conducts a particular business may appropriate to his exclusive use, as a trademark, any form, symbol, or name which has not been so appropriated by another to designate the origin or ownership thereof; but he cannot exclusively appropriate any designation, or part of a designation, which relates only to the name, quality, or the description of the thing or business or the place where the thing is produced or the business is carried on.
(Code 1923, §10370; Code 1940, T. 47, §271.)
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https://law.justia.com/codes/alabama/title-8/chapter-12/article-1/section-8-12-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 1 - General Provisions.›Section 8-12-3 - Defacing Identifying Mark on Encumbered Personal Property; Presumption of Guilt by...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 1 - General Provisions. › Section 8-12-3 - Defacing Identifying Mark on Encumbered Personal Property; Presumption of Guilt by Possession.
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Section 8-12-3
Defacing identifying mark on encumbered personal property; presumption of guilt by possession.
(a) Any person who defaces, or permits the same to be done, with intent to defraud any trademark, or other identifying mark, on any automobile motor, other motor, guns, electrical equipment, radios, motor vehicles, refrigerators, furniture, household or office equipment, or any other personal property, when such property is encumbered with a mortgage, conditional sale contract, or other lien, shall be guilty of a misdemeanor, shall be fined on conviction not less than $25 nor more than $500 and may be imprisoned in the county jail or sentenced to hard labor for not more than six months.
(b) Any person, other than the absolute owner of the property while the same is free and clear of mortgages, retention of title contracts or other encumbrances, found in possession of such property under any claim of right with knowledge that the property has been defaced by a person or persons with intent to defraud after the trademarks or other identifying marks have been defaced, shall be presumed to be guilty of defacing such marks, and shall be punished as provided in this section unless the person in possession overcomes the presumption by clear and convincing proof.
(Acts 1939, No. 667, p. 1061, §§1, 2; Code 1940, T. 57, §§94(1), 94(2).)
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https://law.justia.com/codes/alabama/title-8/chapter-12/article-2/section-8-12-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 2 - Registration of Trademarks and Service Marks.›Section 8-12-6 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-6 - Definitions.
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Section 8-12-6
Definitions.
As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) APPLICANT. The person filing an application for registration of a mark under this article and the person's legal representative, successors, or assigns.
(2) DILUTION. Dilution by blurring or dilution by tarnishment, regardless of the presence or absence of:
a. Competition between the owner of the famous mark and other parties, or
b. Actual or likely confusion, mistake, or deception, or
c. Actual economic injury.
(3) DILUTION BY BLURRING. The association arising from the similarity between a mark and a famous mark that impairs the distinctiveness of the famous mark.
(4) DILUTION BY TARNISHMENT. The association arising from the similarity between a mark and a famous mark that harms the reputation of the famous mark.
(5) MARK. Any trade name, trademark, or service mark entitled to registration under this article whether registered or not.
(6) PERSON. Any individual, firm, partnership, corporation, association, union, or other organization.
(7) REGISTRANT. The person to whom the registration of a mark under this article is issued and the person's legal representative, successors, or assigns.
(8) 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.
(9) 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.
(10) 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.
(11) USED. A mark shall be deemed to be used in this state:
a. On goods or their containers or the displays associated therewith or on the tags or labels affixed thereto when such goods are sold or otherwise distributed in the state;
b. In connection with services when it is used or displayed in the sale or advertising of services and the services are rendered in this state; and
c. In connection with a business when it identifies the business to persons in this state.
(Acts 1980, No. 80-166, p. 236, §1; Acts 1988, 1st Ex. Sess., No. 88-924, p. 526, §1; Act 2010-747, p. 1886, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 2 - Registration of Trademarks and Service Marks.›Section 8-12-7 - Registrability.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-7 - Registrability.
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Section 8-12-7
Registrability.
(a) A mark by which the goods, services, or business of any applicant for registration may be distinguished from the goods, services, or business of others shall not be registered if it:
(1) Consists of or comprises immoral, deceptive, or scandalous matter;
(2) Consists of or comprises matter which may disparage or falsely suggest a connection with a person, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute;
(3) Consist of or comprises the flag or coat of arms or other insignia of the United States, of any state or municipality or of any foreign nation, or any simulation thereof;
(4) Consists of, comprises or includes the name, signature, or portrait of any living individual, except with his written consent;
(5) Consists of a mark which:
a. When applied to the goods, services, or business of the applicant, is merely descriptive or deceptively misdescriptive of them; or
b. When applied to the goods, services, or business of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or
c. Is primarily merely a surname;
provided, however, that nothing in this subdivision shall prevent the registration of a mark used in this state by the applicant which has become distinctive of the applicant's goods, services, or business. The Secretary of State may accept as evidence that the mark has become distinctive, as applied to the applicant's goods, services, or business, proof of continuous use thereof as a mark by the applicant in this state or elsewhere for the five years next preceding the date of the filing of the application for registration; or
(6) Consists of or comprises a mark which so resembles a mark registered in this state or a mark previously used in this state by another and not abandoned, as to be likely, where applied to the goods, services, or business of the applicant, to cause confusion or mistake or to deceive. Such a mark may be registered when the prior registrant or assignee, or the previous user of the mark gives his written consent, and the parties identify by affidavit their respective separate geographic markets and state that neither plans to expand into the other's market.
(b) Neither the issuance of a certificate of incorporation to a domestic corporation or a certificate of authority to a foreign corporation or a certificate of registration to a foreign limited partnership, nor the reservation or registration of a corporate name bestows any rights of ownership in a mark, and the issuance to another of a certificate of incorporation, a certificate of authority, a certificate of registration of a foreign limited partnership, a certificate of reservation of corporate name, or a certificate of registration of corporate name shall not serve as the basis for refusing registration of a mark.
(Acts 1980, No. 80-166, p. 236, §2; Acts 1988, 1st Ex. Sess., No. 88-924, p. 526, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-12/article-2/section-8-12-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 2 - Registration of Trademarks and Service Marks.›Section 8-12-8 - Application for Registration; Contents; Signature and Verification; Filing Fee.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-8 - Application for Registration; Contents; Signature and Verification; Filing Fee.
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Section 8-12-8
Application for registration; contents; signature and verification; filing fee.
(a) Subject to the limitations set forth in this article, any person who adopts and uses a mark in this state may file in the office of the Secretary of State, on a form to be furnished by the Secretary of State, an application for registration of that mark setting forth, but not limited to, the following information:
(1) The name and business address of the person applying for such registration and, if a corporation, the state of incorporation;
(2) A description of the goods, services, or business in connection with which the mark is used and the mode or manner in which the mark is used in connection with such goods, services, or business and the class in which such goods, services, or business fall;
(3) The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or his predecessor in business; and
(4) A statement that the applicant is the owner of the mark and that no other person has the right to use such mark in this state either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive or to be mistaken therefor.
(b) Every application under this section shall be signed and verified by the applicant or by a member of the firm or an officer of the corporation or association applying.
(c) Every application under this section shall be accompanied by a specimen or facsimile of such mark in triplicate.
(d) Every application for registration under this section shall be accompanied by a filing fee of $30, payable to the Secretary of State.
(Acts 1980, No. 80-166, p. 236, §3; Acts 1988, 1st Ex. Sess., No. 88-924, p. 526, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 2 - Registration of Trademarks and Service Marks.›Section 8-12-9 - Certificate of Registration; Issuance; Use as Evidence.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-9 - Certificate of Registration; Issuance; Use as Evidence.
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Section 8-12-9
Certificate of registration; issuance; use as evidence.
(a) Upon compliance by the applicant with the requirements of this article, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the Secretary of State and the seal of the state, and it shall show the name and business address and, if a corporation, the state of incorporation of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state, the class of goods, services, or business and a description of the goods, services, or business on which the mark is used, a reproduction of the mark, the registration date, and the term of the registration.
(b) Any certificate of registration issued by the Secretary of State under the provisions of this section or a copy thereof duly certified by the Secretary of State shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any action or judicial proceedings in any court of this state.
(Acts 1980, No. 80-166, p. 236, §4; Acts 1988, 1st Ex. Sess., No. 88-924, p. 526, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-12/article-2/section-8-12-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 2 - Registration of Trademarks and Service Marks.›Section 8-12-10 - Duration and Renewal of Registration; Renewal Fee.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-10 - Duration and Renewal of Registration; Renewal Fee.
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Section 8-12-10
Duration and renewal of registration; renewal fee.
(a) Registration of a mark under this article shall be effective for a term of five years from the date of registration and, if the mark is then still in use, upon application filed within six months prior to the expiration of such term, on a form to be furnished by the Secretary of State, the registration may be renewed for a like term. A renewal fee of $30, payable to the Secretary of State, shall accompany the application for renewal of the registration.
(b) A mark registration may be renewed for successive periods of five years in like manner.
(c) The Secretary of State shall notify registrants of marks under this article of the necessity of renewal within the year next preceding the expiration of five years from the date of registration, and within the year next preceding the expiration of five years from the date of any renewal of a registration, by writing to the last known address, physical, electronic, or otherwise, of the registrants.
(d) Any registration in force on January 1, 2011, shall continue in full force and effect for the unexpired term thereof and may be renewed by filing an application for renewal with the Secretary of State complying with the requirements of the Secretary of State and paying the renewal fee therefor within six months prior to the expiration of the registration.
(e) All applications for renewals under this article, whether of registrations made under this article or of registrations effected under any prior act, shall include a statement that the mark is still in use in this state.
(Acts 1980, No. 80-166, p. 236, §5; Act 2010-747, p. 1886, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 2 - Registration of Trademarks and Service Marks.›Section 8-12-11 - Assignment of Mark and Registration; Fee; Recordation and Issuance of New Certific...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-11 - Assignment of Mark and Registration; Fee; Recordation and Issuance of New Certificate; Effect of Failure to Record.
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Section 8-12-11
Assignment of mark and registration; fee; recordation and issuance of new certificate; effect of failure to record.
Any mark and its registration under this article shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed and may be recorded with the Secretary of State upon the payment of a fee of $30, payable to the Secretary of State, who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this article shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the Secretary of State within three months after the date thereof or prior to such subsequent purchase.
(Acts 1980, No. 80-166, p. 236, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-12/article-2/section-8-12-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 2 - Registration of Trademarks and Service Marks.›Section 8-12-12 - Records.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-12 - Records.
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Section 8-12-12
Records.
The Secretary of State shall keep for public examination a record of all marks registered or renewed under this article.
(Acts 1980, No. 80-166, p. 236, §7.)
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https://law.justia.com/codes/alabama/title-8/chapter-12/article-2/section-8-12-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 2 - Registration of Trademarks and Service Marks.›Section 8-12-13 - Cancellation.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-13 - Cancellation.
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Section 8-12-13
Cancellation.
The Secretary of State shall cancel from the register:
(1) After one year from January 1, 1981, all registrations under prior acts or informal registration which have not been registered in accordance with this article;
(2) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;
(3) All registrations granted under this article and not renewed in accordance with the provisions of Section 8-12-10;
(4) Any registration concerning which a court of competent jurisdiction shall find:
a. That the registered mark has been abandoned;
b. That the registrant is not the owner of the mark;
c. That the registration was granted improperly;
d. That the registration was obtained fraudulently; or
e. That the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States patent and trademark office, prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned; provided, however, that should the registrant prove that he is the owner of a concurrent registration of his mark in the United States patent and trademark office covering an area including this state, the registration hereunder shall not be cancelled; or
(5) Any registration when a court of competent jurisdiction shall order cancellation thereof, on any ground.
(Acts 1980, No. 80-166, p. 236, §8.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 2 - Registration of Trademarks and Service Marks.›Section 8-12-14 - Classification of Goods, Services and Businesses.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-14 - Classification of Goods, Services and Businesses.
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Section 8-12-14
Classification of goods, services and businesses.
(a) The following general classes of goods, services, and business are established for convenience of administration of this article, but not to limit or extend the applicant's or registrant's rights , and a single application for registration of a mark may include any or all goods upon which, or services or business with which, the mark is actually being used indicating the appropriate class or classes of goods, services, or business. When a single application includes goods, services, or business which fall within multiple classes, the Secretary of State may require payment of a fee for each class.
(b) The classification of goods and services shall be the classification of goods and services adopted by the United States Patent and Trademark Office, as amended from time to time, except that nothing in this subsection shall prevent the registration of a trade name.
(c) The classification of businesses is as follows:
(1) Agriculture, forestry, and fisheries.
(2) Mining.
(3) Construction.
(4) Manufacturing, nondurable goods.
(5) Manufacturing, durable goods.
(6) Transportation, communications, and other public utilities.
(7) Wholesale trade, nondurable goods.
(8) Wholesale trade, durable goods.
(9) Retail trade - lumber and building materials, hardware, nurseries and garden stores, and mobile home dealers.
(10) Retail trade - department, variety, miscellaneous general merchandise, grocery, dairy products, retail bakery, and food stores.
(11) Retail trade - motor vehicle dealers, auto and home supply stores, gasoline service stations, and miscellaneous vehicle dealers.
(12) Retail trade - apparel, accessory, and shoe stores.
(13) Retail trade - furniture, home furnishings, household appliances, T.V. and radio stores.
(14) Retail trade - eating and drinking places, drugstores, and liquor stores.
(15) Retail trade - sporting goods, bicycles, and hobby stores.
(16) Retail trade - book, stationery, jewelry, sewing, needlework, and piece-goods stores.
(17) Retail trade - mail-order houses, vending machine operators, and direct selling establishments, fuel and ice dealers, and retail florists.
(18) Retail trade - miscellaneous.
(19) Finance, insurance, and real estate.
(20) Business and repair services.
(21) Personal services.
(22) Entertainment and recreation services.
(23) Professional and related services.
(24) Public administration.
(25) Miscellaneous.
(Acts 1980, No. 80-166, p. 236, §9; Acts 1988, 1st Ex. Sess., No. 88-924, p. 526, §1; Act 2010-747, p. 1886, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 2 - Registration of Trademarks and Service Marks.›Section 8-12-15 - Liability for Damages Sustained in Consequence of Fraudulent Filing or Registratio...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-15 - Liability for Damages Sustained in Consequence of Fraudulent Filing or Registration.
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Section 8-12-15
Liability for damages sustained in consequence of fraudulent filing or registration.
Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the Secretary of State under the provisions of this article, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.
(Acts 1980, No. 80-166, p. 236, §10.)
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https://law.justia.com/codes/alabama/title-8/chapter-12/article-2/section-8-12-16/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 2 - Registration of Trademarks and Service Marks.›Section 8-12-16 - Liability to Civil Action for Infringement.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-16 - Liability to Civil Action for Infringement.
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Section 8-12-16
Liability to civil action for infringement.
Subject to the provisions of Section 8-12-19, any person who shall:
(1) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this article in connection with a business, or with the sale, offering for sale, or advertising of any goods or services, and such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services or the sponsorship of such business; or
(2) Reproduce, counterfeit, copy, or colorably imitate any such mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in conjunction with the business or with the sale or other distribution in this state of such goods or services;
shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in Section 8-12-18, except that under subdivision (2) of this section the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive.
(Acts 1980, No. 80-166, p. 236, §11; Acts 1988, 1st Ex. Sess., No. 88-924, p. 526, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-12/article-2/section-8-12-17/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 2 - Registration of Trademarks and Service Marks.›Section 8-12-17 - Injunctive Relief; Famous Marks.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-17 - Injunctive Relief; Famous Marks.
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Section 8-12-17
Injunctive relief; famous marks.
(a) Subject to the principles of equity, the owner of a mark which is famous and distinctive, inherently or through acquired distinctiveness, in this state shall be entitled to an injunction against another person's commercial use of a mark, if such use begins after the famous mark has become famous and is likely to cause dilution of the famous mark, and to obtain such other relief as is provided in this section.
(b) A mark is famous if it is widely recognized by the general consuming public of this state or a significant geographic area in this state as a designation of source of the goods or services or the business of the mark's owner. In determining whether a mark is famous, a court may consider factors such as, but not limited to:
(1) The duration, extent, and geographic reach of advertising and publicity of the mark in this state, whether advertised or publicized by the owner or third parties.
(2) The amount, volume, and geographic extent of sales offered under the mark in this state.
(3) The extent of actual recognition of the mark in this state or a significant geographic area in this state.
(4) Whether the mark is the subject of a state registration in this state, or a federal registration under the Act of March 3, 1881, or under the Act of February 20, 1905, or on the principal register under the Trademark Act of 1946, as amended.
(c) In an action brought under this section, the owner of a famous mark shall be entitled to injunctive relief throughout the geographic area in which the mark is found to have become famous prior to commencement of the junior use, but not beyond the borders of this state. If the person against whom the injunctive relief is sought willfully intended to cause dilution of the famous mark, then the owner shall also be entitled to the remedies set forth in this chapter, subject to the discretion of the court and the principles of equity.
(d) The following shall not be actionable under this section:
(1) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person's own goods or services or business, including use in connection with:
a. Advertising or promotion that permits consumers to compare goods or services or businesses; or
b. Identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services or business of the famous mark owner.
(2) Noncommercial use of the mark and all forms of news reporting and news commentary.
(Acts 1980, No. 80-166, p. 236, §12; Acts 1988, 1st Ex. Sess., No. 88-924, p. 526, §1; Act 2010-747, p. 1886, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 2 - Registration of Trademarks and Service Marks.›Section 8-12-18 - Remedies.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-18 - Remedies.
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Section 8-12-18
Remedies.
(a) Any owner of a mark registered under this article may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as may be by the court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from, and/or all damages suffered by reason of, such wrongful manufacture, use, display, or sale, and to pay the costs of the action. In assessing profits, the owner shall be required to prove defendant's sales only; defendant must prove all elements of cost or deduction claimed. The court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case, be delivered to an officer of the court, or to the complainant, to be destroyed.
(b) In assessing damages the court may enter judgment, according to the circumstances of the case, for any sum above the amount found as actual damages, up to a trebling of such amount. If the court shall find that the amount of the recovery based on profits is either inadequate or excessive, the court may enter judgment for such sum as the court shall find to be just, according to the circumstances of the case. Such sum in either of the above circumstances shall constitute compensation and not a penalty.
(c) The court may award reasonable attorney fees as follows:
(1) To a prevailing owner in such cases when the court finds the defendant willfully intended infringement or dilution.
(2) To a prevailing defendant in such cases as the Alabama Litigation Accountability Act provides.
(d) The enumeration of any right or remedy in this article shall not affect an owner's right to prosecute under any penal law of this state.
(Acts 1980, No. 80-166, p. 236, §13; Act 2010-747, p. 1886, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 2 - Registration of Trademarks and Service Marks.›Section 8-12-19 - Common-Law Rights.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-19 - Common-Law Rights.
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Section 8-12-19
Common-law rights.
Nothing in this article shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
(Acts 1980, No. 80-166, p. 236, §14.)
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https://law.justia.com/codes/alabama/title-8/chapter-12/article-3/section-8-12-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 3 - Names, Marks, etc., on Beverage Containers.›Section 8-12-20 - Registration of Names, Marks, Etc.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 3 - Names, Marks, etc., on Beverage Containers. › Section 8-12-20 - Registration of Names, Marks, Etc.
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Section 8-12-20
Registration of names, marks, etc.
Any person or corporation engaged in manufacturing, bottling, or selling soda water, mineral or aerated waters, cider, ginger ale, milk, cream, beer, ale, or other beverages in bottles, siphons, fountains, or kegs with his or its name or other mark or device branded, stamped, engraved, etched, blown, impressed, or otherwise produced upon such bottles, siphons, fountains, or kegs, or on the boxes used in such business, may file in the office of the judge of probate of the county in which his, or its, place of business is situated, and also in the office of the Secretary of State, a description of the name, mark, or device so used and cause such description and a notice of its filing to be printed once a week for three successive weeks in a newspaper published in the county in which such notice is filed.
(Code 1896, §5567; Code 1907, §7318; Code 1923, §4899; Code 1940, T. 57, §89.)
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https://law.justia.com/codes/alabama/title-8/chapter-12/article-3/section-8-12-21/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 3 - Names, Marks, etc., on Beverage Containers.›Section 8-12-21 - Unauthorized Refilling, Defacing of Marks on or Trafficking in Containers.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 3 - Names, Marks, etc., on Beverage Containers. › Section 8-12-21 - Unauthorized Refilling, Defacing of Marks on or Trafficking in Containers.
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Section 8-12-21
Unauthorized refilling, defacing of marks on or trafficking in containers.
Any person or corporation who fills with soda water, mineral or aerated waters, ginger ale, milk, cream, beer, other beverages, medicines, compounds, or mixtures, any bottle, box, siphon, fountain, or keg marked or distinguished by any name, mark, or device of which a description shall have been filed and published as provided in Section 8-12-20, or who defaces, erases, obliterates, covers up, or otherwise removes or conceals any such name, mark, or device, or who sells, buys, gives, receives, or otherwise disposes of or traffics in the same without the written consent of, unless the same shall have been purchased from, the person or corporation whose mark or device shall be upon the bottle, box, siphon, fountain, or keg so filled, trafficked in, used, or dealt with, must be punished on conviction for the first offense by imprisonment in the county jail or at hard labor for the county for not less than 10 days nor more than one year or fined $.50 for each such bottle, box, siphon, fountain, or keg so filled, sold, used, disposed of, bought, or trafficked in, or by both such fine and imprisonment, and for each subsequent offense, by imprisonment for not less than 20 days nor more than one year or by a fine of not less than $1 nor more than $5 for each such bottle, box, siphon, fountain, or keg so filled, sold, used, disposed of, bought, or trafficked in, or by both such fine and imprisonment at the discretion of the jury.
(Code 1896, §5568; Code 1907, §7319; Code 1923, §4900; Code 1940, T. 57, §;90.)
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https://law.justia.com/codes/alabama/title-8/chapter-12/article-3/section-8-12-22/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 3 - Names, Marks, etc., on Beverage Containers.›Section 8-12-22 - Use, Furnishing, Trafficking, or Possession of Containers Without Consent Presumpt...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 3 - Names, Marks, etc., on Beverage Containers. › Section 8-12-22 - Use, Furnishing, Trafficking, or Possession of Containers Without Consent Presumptive Evidence of Unlawful Use or Purchase.
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Section 8-12-22
Use, furnishing, trafficking, or possession of containers without consent presumptive evidence of unlawful use or purchase.
The use by any person or corporation, other than the person or corporation whose name, mark, or device may be, or may have been, upon the same, without the written consent of, or purchase from, the owner of any bottle, box, siphon, fountain, or keg, a description of the name, mark, or device whereon shall have been filed and published as provided in Section 8-12-20, for the sale of soda water, mineral, or aerated water, ginger ale, milk, cream, beer, ale, or other beverages, any article of merchandise, medicines, compounds, or preparations, or for the furnishing of such similar beverages to customers or the buying, selling, using, disposing of, or trafficking in any such bottles, boxes, siphons, fountains, or kegs by any person or corporation other than the person or corporation owning the name, mark, or device thereon of such owner, without his written consent, or the having by any junk dealer, or dealer in secondhand articles, possession of any such bottles, siphons, boxes, fountains, or kegs without the written consent of the owner, shall be presumptive evidence of the unlawful use or purchase of or traffic in such bottles, boxes, siphons, fountains, or kegs.
(Code 1896, §5569; Code 1907, §7320; Code 1923, §4901; Code 1940, T. 57, §91.)
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https://law.justia.com/codes/alabama/title-8/chapter-12/article-3/section-8-12-23/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 3 - Names, Marks, etc., on Beverage Containers.›Section 8-12-23 - Issuance of Search Warrant for Containers Unlawfully Used or Held.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 3 - Names, Marks, etc., on Beverage Containers. › Section 8-12-23 - Issuance of Search Warrant for Containers Unlawfully Used or Held.
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Section 8-12-23
Issuance of search warrant for containers unlawfully used or held.
Whenever any person, corporation, or their agent shall make oath before any judge that he has reason to believe, and does believe, that any of his bottles, boxes, siphons, fountains, or kegs, a description of the name, marks, or devices whereon has been filed and published as provided in Section 8-12-20, are being unlawfully used, filled, or had by any person or corporation manufacturing or selling soda, mineral, or aerated waters, cider, ginger ale, milk, cream, beer, ale, or other beverages, or that any junk dealer, dealer in secondhand articles, vendor of bottles, or any person or corporation has any such bottles, boxes, siphons, fountains, or kegs in his possession or secreted in any place, such judge must issue a search warrant to discover and seize such property, whereupon such proceedings must be had as in other cases in which search warrants have issued.
(Code 1896, §5570; Code 1907, §7321; Code 1923, §4902; Code 1940, T. 57, §92.)
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https://law.justia.com/codes/alabama/title-8/chapter-12/article-4/section-8-12-40/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 4 - Marked Containers for Milk and Milk Products.›Section 8-12-40 - Purchase, Sale, etc., of Container Upon Which Name Appears.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 4 - Marked Containers for Milk and Milk Products. › Section 8-12-40 - Purchase, Sale, etc., of Container Upon Which Name Appears.
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Section 8-12-40
Purchase, sale, etc., of container upon which name appears.
It shall be unlawful for any person, firm, or corporation, other than the owner thereof, to purchase, offer to purchase, sell, offer to sell, or transport for sale any bottle, can, crate, or other container upon which or in which, appears in permanent form, the name, trade name, or trademark of the owner thereof, in which milk or milk products are sold and delivered with the understanding at the time of such sale and delivery of the contents thereof that such bottle, can, crate, or container is the property of the person, firm, or corporation whose name, trade name, or trademark is designated in permanent form thereon or therein; provided, that this section shall not apply to the manufacturers of such bottles, cans, crates, or like containers, nor shall it apply to purchasers at execution sales or other judicial sales; provided further, that any person, firm, or corporation who may sell or otherwise dispose of his, their, or its business in bulk may transfer his, their, or its bottles, cans, crates, or containers to his, their, or its vendee by bill of sale; provided further, that the provisions of this section shall not apply to bottle exchanges which are operated by or patronized by the owners of such bottles, cans, crates, or like containers.
(Acts 1931, No. 703, p. 827; Code 1940, T. 2, §402.)
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https://law.justia.com/codes/alabama/title-8/chapter-12/article-4/section-8-12-41/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 4 - Marked Containers for Milk and Milk Products.›Section 8-12-41 - Presumption of Ownership.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 4 - Marked Containers for Milk and Milk Products. › Section 8-12-41 - Presumption of Ownership.
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Section 8-12-41
Presumption of ownership.
Whenever the name, trade name, or trademark of any person, firm, or corporation appears in permanent form upon, or in, any milk bottle, can, crate, or container of any kind in which milk or milk products are sold and delivered, such fact shall create a rebuttable presumption that such person, firm, or corporation is the owner thereof.
(Acts 1931, No. 703, p. 827; Code 1940, T. 2, §403.)
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https://law.justia.com/codes/alabama/title-8/chapter-12/article-4/section-8-12-42/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 4 - Marked Containers for Milk and Milk Products.›Section 8-12-42 - Possession by Secondhand or Junk Dealer Prima Facie Evidence of Violation.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 4 - Marked Containers for Milk and Milk Products. › Section 8-12-42 - Possession by Secondhand or Junk Dealer Prima Facie Evidence of Violation.
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Section 8-12-42
Possession by secondhand or junk dealer prima facie evidence of violation.
The use, possession, or control by any person, firm, or corporation engaged in the business of buying, selling, renting, receiving, storing, transporting, or dealing in secondhand merchandise or junk of any milk bottle, can, crate, carton, or container which has marked thereon or therein, in permanent form, the name of any dairy, dairyman, milk producer, milk distributor, milk vendor, or milk dealer shall be prima facie evidence of the violation of Section 8-12-40.
(Acts 1931, No. 703, p. 827; Code 1940, T. 2, §404.)
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https://law.justia.com/codes/alabama/title-8/chapter-12/article-4/section-8-12-43/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 4 - Marked Containers for Milk and Milk Products.›Section 8-12-43 - Enforcement of Article.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 4 - Marked Containers for Milk and Milk Products. › Section 8-12-43 - Enforcement of Article.
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Section 8-12-43
Enforcement of article.
(a) The Commissioner of Agriculture and Industries shall enforce the provisions of this article.
(b) The provisions of Article 2, Chapter 2 of Title 2 shall be applicable to this article.
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https://law.justia.com/codes/alabama/title-8/chapter-12/article-4/section-8-12-44/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12 - Trademarks, Names, Marks, Devices, and Labels.›Article 4 - Marked Containers for Milk and Milk Products.›Section 8-12-44 - Penalty for Violation of Article.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 4 - Marked Containers for Milk and Milk Products. › Section 8-12-44 - Penalty for Violation of Article.
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Section 8-12-44
Penalty for violation of article.
Any person violating any provision of this article, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500, and may also be sentenced to hard labor for not more than six months.
(Ag. Code 1927, §611; Code 1940, T. 2, §12.)
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https://law.justia.com/codes/alabama/title-8/chapter-12a/section-8-12a-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12A - Patent Infriingement.›Section 8-12A-1 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12A - Patent Infriingement. › Section 8-12A-1 - Definitions.
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Section 8-12A-1
Definitions.
The following terms shall have the following meanings:
(1) DEMAND LETTER. A letter, e-mail, or other communication asserting or claiming that the target has engaged in patent infringement.
(2) TARGET. A person located in this state that satisfies any of the following:
a. Has received a demand letter alleging that a patent infringement has been made.
b. Has been threatened with litigation alleging patent infringement.
c. The customers of which have received a demand letter asserting that the person's product, service, or technology has infringed a patent.
(Act 2014-218, p. 686, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-12a/section-8-12a-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12A - Patent Infriingement.›Section 8-12A-2 - Assertion of Patent Infringement in Bad Faith.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12A - Patent Infriingement. › Section 8-12A-2 - Assertion of Patent Infringement in Bad Faith.
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Section 8-12A-2
Assertion of patent infringement in bad faith.
(a) A person may not assert a claim of patent infringement in bad faith.
(b) The Attorney General may investigate claims of patent infringement alleged to have been made in bad faith and may do both of the following:
(1) Issue subpoenas to any person to appear and produce relevant papers, documents, and physical evidence, and administer an oath or affirmation to any person, in aid of any investigation or inquiry into possible violations of this chapter. Subpoenas shall be served in accordance with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person without lawful excuse to obey a subpoena, the Attorney General may apply to a court of competent jurisdiction for an order compelling compliance. After an action is commenced, discovery may proceed in accordance with the Alabama Rules of Civil Procedure.
(2) Initiate a civil action in the name of the state, as necessary, to seek injunctive and any other relief available under this chapter or other law.
(c) Venue for actions under this section shall be proper in the circuit court of the county in which the defendant resides, is doing business, or has his or her principal place of business, or the county in which the unlawful act or practice was or is being committed.
(d) A target or a person aggrieved by a violation of subsection (a) may assert a cause of action in a court of competent jurisdiction for a determination of whether the patent infringement assertion was made in bad faith. The court may award the following remedies to a plaintiff who prevails in an action brought pursuant to this subsection:
(1) Equitable relief.
(2) Damages.
(3) Court costs and attorney's fees.
(4) Exemplary damages in an amount equal to fifty thousand dollars ($50,000) or three times the total of damages, costs, and fees, whichever is greater.
(e) A court may consider any of the following factors as evidence that a person has made an assertion of patent infringement in bad faith:
(1) The demand letter does not contain all of the following information:
a. The patent number.
b. The name and address of the patent owner or owners and assignee or assignees, if any.
c. Factual allegations concerning the specific areas in which the target's products, services, and technology infringe the patent or are covered by the claims in the patent.
(2) Prior to sending the demand letter, the person failed to conduct an analysis comparing the claims in the patent to the target's products, services, and technology, or an analysis was performed, but did not identify specific areas in which the products, services, and technology are covered by the claims in the patent.
(3) The demand letter lacks the information described in subdivision (1), the target requests the information, and the person fails to provide the information within a reasonable period of time.
(4) The demand letter demands payment of a license fee or response within an unreasonably short period of time.
(5) The person offers to license the patent for an amount that is not based on a reasonable estimate of the value of the license.
(6) The demand letter alleging patent infringement is meritless, and the person knew, or should have known, that the claim or assertion is meritless.
(7) The demand letter alleging patent infringement is deceptive.
(8) Any other factor the court finds relevant.
(f) A court may consider any of the following factors as evidence that a person has not made a bad faith assertion of patent infringement:
(1) The demand letter contains the information described in subdivision (e)(1).
(2) If the demand letter lacks the information described in subdivision (e)(1) and the target requests the information, the person provides the information within a reasonable period of time.
(3) The person engages in a good faith effort to establish that the target has infringed the patent and to negotiate an appropriate remedy.
(4) The person makes a substantial investment in the use of the patent or in the production or sale of a product or item covered by the patent.
(5) The person is either of the following:
a. The inventor or joint inventor of the patent, or in the case of a patent filed by and awarded to an assignee of the original inventor or joint inventor, is the original assignee.
b. An institution of higher education or a technology transfer organization owned or affiliated with an institution of higher education.
(6) The person has done either of the following:
a. Demonstrated good faith business practices in previous efforts to enforce the patent, or a substantially similar patent.
b. Successfully enforced the patent, or a substantially similar patent, through litigation.
(7) Any other factor the court finds relevant.
(Act 2014-218, p. 686, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-12a/section-8-12a-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12A - Patent Infriingement.›Section 8-12A-3 - Commencement of Actions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12A - Patent Infriingement. › Section 8-12A-3 - Commencement of Actions.
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Section 8-12A-3
Commencement of actions.
An action under Section 8-12A-2 shall be commenced no later than five years after the violation occurred.
(Act 2014-218, p. 686, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-12a/section-8-12a-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12A - Patent Infriingement.›Section 8-12A-4 - Enforcement and Licensing of Patent.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12A - Patent Infriingement. › Section 8-12A-4 - Enforcement and Licensing of Patent.
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Section 8-12A-4
Enforcement and licensing of patent.
Provided that the assertion of patent infringement is not made in bad faith, nothing in this chapter shall be construed to deem it a violation of this chapter for any person who owns or has the right to license or enforce a patent to advise others of that ownership or right of license or enforcement; to communicate to others that the patent is available for license or sale; to notify another of the infringement of that patent pursuant to 35 U.S.C. § 287; or to seek compensation on account of a past or present infringement, or for a license to the patent, when it is reasonable to believe that the person from whom compensation is sought may owe such compensation or may need or want such a license to practice the patent.
(Act 2014-218, p. 686, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-12a/section-8-12a-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12A - Patent Infriingement.›Section 8-12A-5 - Violations.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12A - Patent Infriingement. › Section 8-12A-5 - Violations.
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Section 8-12A-5
Violations.
Any person who continuously and willfully violates Section 8-12A-2 shall be guilty of a Class A misdemeanor.
(Act 2014-218, p. 686, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-12a/section-8-12a-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12A - Patent Infriingement.›Section 8-12A-6 - Construction of Chapter.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12A - Patent Infriingement. › Section 8-12A-6 - Construction of Chapter.
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Section 8-12A-6
Construction of chapter.
(a) This chapter shall not be construed to limit rights and remedies available to the State of Alabama or to any person under any other law and shall not alter or restrict the Attorney General's authority under law with regard to conduct involving assertions of patent infringement.
(b) This chapter shall be interpreted consistently with any federal law or regulations governing patents or patent infringement.
(Act 2014-218, p. 686, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-12a/section-8-12a-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 12A - Patent Infriingement.›Section 8-12A-7 - Relation to Federal Law.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12A - Patent Infriingement. › Section 8-12A-7 - Relation to Federal Law.
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Section 8-12A-7
Relation to federal law.
A demand letter or civil action that includes a claim for relief arising under 35 U.S.C. § 271(e)(2) is not subject to the requirements of this chapter.
(Act 2014-218, p. 686, §7.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-1 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-1 - Definitions.
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Section 8-13-1
Definitions.
Unless otherwise provided, the following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section:
(1) APPLICANT. Any person applying for a license under this chapter, including the principal, if such person is the agent of another who is the true owner, notwithstanding whether that other is an individual, partnership, association, firm, or corporation and notwithstanding whether the name of the true owner appears on the application or not.
(2) DISTRESS MERCHANDISE SALE. Any offer to sell to the public or a sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is being held other than in the ordinary course of business and not otherwise defined herein. Without limiting the generality of the above, "distress merchandise sales" shall include, but not be limited to, any sale advertised either specifically or in substance to be any one of the following:
a. Fire sale;
b. Smoke and/or water damage sale;
c. Adjustment sale;
d. Insurance salvage sale;
e. Mortgage sale;
f. Adjuster's sale;
g. Reorganization sale; or
h. Other terminology of similar intent to any of the above.
(3) GOING OUT OF BUSINESS SALE. Any offer to sell to the public or a sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business. Without limiting the generality of the above, "going out of business sales" shall include, but not be limited to, any sale advertised either specifically or in substance to be any one of the following:
a. A sale because the applicant is going out of business;
b. A sale because the applicant is liquidating;
c. A sale because the applicant is selling 50 percent or more of his stock, his entire stock or selling out to the bare walls;
d. A sale because the applicant has lost his lease;
e. A sale because the applicant is selling out his interest in the business establishment;
f. A sale because everything in the store or establishment must be sold;
g. Trustee's sale;
h. Bankrupt sale;
i. Save us from bankruptcy sale;
j. Insolvent sale;
k. Assignee's sale;
l. Must vacate sale;
m. Quitting business sale;
n. Receiver's sale;
o. Loss of lease sale;
p. Forced out of business sale;
q. Removal sale;
r. Liquidation sale;
s. Executor's sale;
t. Administrator's sale;
u. Warehouse removal sale;
v. Branch store discontinuance sale;
w. Creditor's committee sale;
x. Adjustment sale;
y. Defunct business sale;
z. Selling out interest sale; or
aa. Other terminology of similar intent to any of the above.
(4) GOODS, WARES and MERCHANDISE. Any goods, wares, merchandise, or other property capable of being the object of a sale regulated under this chapter.
(5) INVENTORY. A list of and the wholesale cost of goods, wares, and merchandise.
(6) PERSON. Any individual, partnership, association, firm, or corporation.
(Acts 1965, No. 553, p. 1027, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-2 - License - Required; Display on Premises of Sale; Display of License Number and Date...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-2 - License - Required; Display on Premises of Sale; Display of License Number and Date of Issuance in Advertising.
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Section 8-13-2
License - Required; display on premises of sale; display of license number and date of issuance in advertising.
(a) It shall be unlawful for any person to sell, offer for sale, or advertise for sale at a going out of business sale or a distress merchandise sale any goods, wares, or merchandise, whether it be his property or that of another, unless a license for such sale has been issued pursuant to this chapter and is in effect.
(b) Such license must be displayed in a prominent place on the premises wherein any such sale is being conducted, and the number and date of issue of the license must be displayed in any advertising of the sale.
(Acts 1965, No. 553, p. 1027, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-3 - License - Application.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-3 - License - Application.
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Section 8-13-3
License - Application.
An applicant for a license to conduct a going out of business sale or a distress merchandise sale shall file an application with the judge of probate of the county in which such sale shall be held at least 30 days prior to such sale; provided, however, that the said 30-day period may be waived in writing by the probate judge to whom the application is made for good cause shown. The application shall be made upon forms prescribed by the Commissioner of Revenue of the State of Alabama, signed and verified by the applicant and shall include the following information:
(1) Name and address of the applicant and also the name of the true owner if the applicant is not such true owner;
(2) Name, location, and time of the proposed going out of business sale or distress merchandise sale;
(3) Inventory of the goods, wares, or merchandise, on hand and on order, which the applicant intends to offer for sale at a going out of business sale or distress merchandise sale. The inventory shall show the quantity, kind, or grade of each item, the wholesale cost thereof, and the name of the supplier from whom each item was acquired;
(4) A statement of the average, highest, and lowest inventory at the wholesale cost thereof at the applicant's place of business during the year next preceding the filing of the application. When the applicant operates more than one retail outlet and said outlets are supplied from a warehouse or warehouses operated by applicant, then the amount of inventory in said warehouse or warehouses attributable to the retail outlet wherein the sale hereunder is to be conducted shall be calculated as follows:
a. The total volume of merchandise handled in said warehouse or warehouses during the year next preceding the filing of the application under this chapter shall be determined;
b. The percentage of such year's total volume sold through the retail outlet wherein the sale hereunder is being conducted shall next be determined;
c. The percentage so determined of the merchandise on hand at said warehouse or warehouses at the time of the filing of the application hereunder shall be attributable to the concerned outlet and shall be included as part of the inventory set forth in the application;
(5) A list of goods, wares, or merchandise received by the applicant during the three months next preceding the filing of the application;
(6) A statement that the applicant will discontinue the business for which the license is requested, provided such sale is a going out of business sale, the date when such termination will be effected and that the applicant will not use or authorize the use of his trade, business, or firm name for a period of one year immediately following the expiration of a license issued to him under this chapter; provided, however, that if such name is being used in connection with another establishment operated by applicant presently located within the State of Alabama at a different location, then the trade, business, or firm name may be used at such other location, but not at the location where the sale is conducted and not at another location established by applicant after the application is made;
(7) Such other information as the Commissioner of Revenue may prescribe.
(Acts 1965, No. 553, p. 1027, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-4 - License - Bond Required of Applicant.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-4 - License - Bond Required of Applicant.
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Section 8-13-4
License - Bond required of applicant.
(a) Every applicant for a going out of business sale or distress merchandise sale license shall execute and file with the probate judge to whom the application is made a good and sufficient bond in the sum of $2,500 or five percent of the wholesale value of the inventory as set forth in the application, whichever is greater, with two or more sureties thereon, approved by said probate judge or with the surety thereon a surety company authorized to do business in the State of Alabama, which bond in any event shall be approved by said probate judge, payable to the State of Alabama, and shall be conditioned upon faithful observance of all the conditions of this chapter and shall also indemnify any purchaser at such sale who suffers any loss by reason of misrepresentation in said sale.
(b) Such bond shall continue in effect for one year after the termination of the sale for which it is made.
(c) The licensee shall notify the probate judge issuing the license of any action filed as a result of the operation hereby licensed. Any purchaser claiming to have been damaged by misrepresentation in such going out of business sale or distress merchandise sale may maintain an action against the licensee making such misrepresentations and may join as party defendant the surety or sureties on the bond.
(d) If an action is filed by any purchaser or purchasers at a licensed sale within one year after the termination of the sale, the bond shall remain in force and effect until all actions are concluded and the judgment or judgments, if any, paid in full.
(e) In the event the applicant fails to observe all of the provisions of this chapter in conducting such sale for which the bond is given, the bond will be deemed to be forfeited, and any district attorney of the State of Alabama may recover in an action in the circuit court of the county in which the bond was given the amount of the bond from applicant and his sureties for the use and benefit of the State of Alabama.
(Acts 1965, No. 553, p. 1027, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-5 - License - Public Hearing on Application.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-5 - License - Public Hearing on Application.
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Section 8-13-5
License - Public hearing on application.
The probate judge to whom the application for a going out of business sale or distress merchandise sale license is made, or his designee, shall conduct a public hearing not later than two weeks after an application has been filed. At least one week prior to such hearing the probate judge shall publish, at the expense of the applicant, a notice of the hearing in a local newspaper of general circulation. The probate judge may require that a record be made of the public hearing and that the testimony at such hearing be under oath.
(Acts 1965, No. 553, p. 1027, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-6 - License - Investigation; Investigation Fee; Cost of Independent Audit; Applicant's...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-6 - License - Investigation; Investigation Fee; Cost of Independent Audit; Applicant's Refusal to Pay Investigation Fee and Costs.
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Section 8-13-6
License - Investigation; investigation fee; cost of independent audit; applicant's refusal to pay investigation fee and costs.
(a) When an application for a license to conduct a going out of business sale or distress merchandise sale is filed, the probate judge to whom the application is made shall make such investigation as he deems necessary prior to the public hearing hereinafter provided.
(b) The applicant shall pay to such probate judge at the time the application is filed a fee of $10 for making such an investigation, and if such probate judge deems it necessary to have an independent inventory or audit of the applicant's books made, he shall advise the applicant of the cost of such independent inventory or audit and applicant shall pay such amount to such probate judge to be used by him to pay the cost of such inventory and/or audit.
(c) The applicant's refusal to pay the fee and costs hereinabove provided and his refusal to permit examination of his books and records or his goods, wares and merchandise is ground for refusal by such probate judge to issue a license.
(Acts 1965, No. 553, p. 1027, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-7 - License - License Issued Only to Bona Fide Merchant.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-7 - License - License Issued Only to Bona Fide Merchant.
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Section 8-13-7
License - License issued only to bona fide merchant.
No license for a going out of business sale or a distress merchandise sale shall be issued except to a bona fide licensed merchant of the State of Alabama, and no such license shall be granted to an applicant who sets up an establishment or who acquires an interest in an establishment solely or principally for the purpose of conducting a going out of business sale or distress merchandise sale.
(Acts 1965, No. 553, p. 1027, §10.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-8 - License - Fee Generally; Renewal Fee; Issuing Fee; Costs of Investigation and Publi...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-8 - License - Fee Generally; Renewal Fee; Issuing Fee; Costs of Investigation and Public Hearing.
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Section 8-13-8
License - Fee generally; renewal fee; issuing fee; costs of investigation and public hearing.
(a) For a license for a going out of business sale or distress merchandise sale issued for 30 days or less, the applicant shall pay to the probate judge issuing the same, for the use and benefit of the State of Alabama, a license fee in accordance with the following schedule:
(1) $50 if inventory is $10,000 or less.
(2) $100 if inventory is over $10,000 but less than $25,000.
(3) $200 if inventory is over $25,000 but less than $50,000.
(4) $300 if inventory is over $50,000 but not over $100,000.
(5) $400 if inventory is over $100,000 but not over $200,000.
(6) $500 if inventory is over $200,000.
(b) For a license renewal of 30 days or less, the applicant shall pay an additional license fee of $100.
(c) The applicant shall also pay to the probate judge issuing the license an issuing fee of $25 for each license issued hereunder, and for each renewal of such license, if any, and for all costs of investigation and public hearing.
(Acts 1965, No. 553, p. 1027, §14.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-9 - License - When Probate Judge to Issue License.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-9 - License - When Probate Judge to Issue License.
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Section 8-13-9
License - When probate judge to issue license.
A license shall be issued to an applicant when the probate judge to whom the application for a going out of business sale or distress merchandise sale is made is satisfied after investigation and public hearing that:
(1) The applicant intends to discontinue his business at the location designated in the application on the date specified therein if such sale is a going out of business sale;
(2) The applicant's inventory, on hand and on order, is not out of proportion to the stock normally carried by such applicant;
(3) The applicant has not purchased or otherwise acquired goods, wares, or merchandise for the purpose of conducting a going out of business sale or distress merchandise sale;
(4) The goods, wares, or merchandise to be offered for sale are those of a bona fide merchant of the State of Alabama;
(5) No misrepresentation of the goods to be sold has been made or will be practiced; and
(6) The applicant has complied with the provisions of this chapter in all other respects not specifically set forth in this section.
(Acts 1965, No. 553, p. 1027, §12.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-10 - License - Restrictions on Issuance.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-10 - License - Restrictions on Issuance.
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Section 8-13-10
License - Restrictions on issuance.
No license shall, under any circumstances, be granted to any persons, applicant, or owner within a period of two years after the termination of any going out of business sale by such person, applicant, or owner, held or conducted under this chapter. No person, applicant, or owner who has been convicted of violating any of the provisions of this chapter relating to the conduct of going out of business sales or distress merchandise sales shall be granted a license for such sale or sales or be employed, in any manner at or in connection with any going out of business sale or distress merchandise sale licensed hereunder for a period of 10 years after such conviction.
(Acts 1965, No. 553, p. 1027, §11.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-11 - License - Surrender of Business Licenses.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-11 - License - Surrender of Business Licenses.
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Section 8-13-11
License - Surrender of business licenses.
At the time a license is issued hereunder for a going out of business sale, the applicant shall surrender to the probate judge issuing the same all licenses held by him at that time for the regular operation of his business at the location where such sale is to be held, and the same shall no longer be of force and effect.
(Acts 1965, No. 553, p. 1027, §13.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-12 - License - Duration of License; Sale Prohibited Between November 15 and December 31...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-12 - License - Duration of License; Sale Prohibited Between November 15 and December 31; Extension of License.
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Section 8-13-12
License - Duration of license; sale prohibited between November 15 and December 31; extension of license.
A license for a going out of business sale or distress merchandise sale shall be limited to a period of 30 consecutive business days, exclusive of Sundays and legal holidays. No license shall be issued for a period that will include any of the days between November 15 through December 31, inclusive, and no going out of business sale or distress merchandise sale may be conducted during that period. If a licensee does not sell the quantity of goods, wares, or merchandise permitted under this chapter, he may apply for, and the probate judge may grant an extension of 30 days upon good cause shown.
(Acts 1965, No. 553, p. 1027, §7.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-13 - License - Revocation or Suspension.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-13 - License - Revocation or Suspension.
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Section 8-13-13
License - Revocation or suspension.
The probate judge issuing a license for a going out of business sale or distress merchandise sale may revoke or suspend the same if any licensee sells, offers for sale, or advertises for sale any goods, wares, or merchandise in addition to those specified under Section 8-13-17, violates any of the provisions of this chapter or any other law relating to the business so licensed or otherwise fails to comply with the terms of this chapter.
(Acts 1965, No. 553, p. 1027, §21.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-14/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-14 - Use of Trade, Business or Firm Name of Licensee After Issuance of License.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-14 - Use of Trade, Business or Firm Name of Licensee After Issuance of License.
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Section 8-13-14
Use of trade, business or firm name of licensee after issuance of license.
It shall be unlawful for any person to use the trade, business, or firm name of a licensee for a period of one year after the expiration of a license issued under this chapter, if such license is issued for a going out of business sale; provided, however, that an applicant may continue the use of such name at a different location if it has been, and is at the time the application is filed, being used at a different location within the State of Alabama by applicant.
(Acts 1965, No. 553, p. 1027, §8.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-15 - Sales to Be Held Only at Regular Store Hours; Exceptions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-15 - Sales to Be Held Only at Regular Store Hours; Exceptions.
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Section 8-13-15
Sales to be held only at regular store hours; exceptions.
No going out of business sale or distress merchandise sale shall be held at times other than regular store hours of the applicant, except that the probate judge issuing the license may make reasonable provision for extra evening hours upon good cause shown by the applicant.
(Acts 1965, No. 553, p. 1027, §9.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-16/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-16 - Advertising.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-16 - Advertising.
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Section 8-13-16
Advertising.
A licensee shall not advertise a going out of business sale or distress merchandise sale earlier than seven days prior to the date on which the sale is licensed to begin. Advertising of such sales shall state the number of the license issued pursuant to this chapter and the date when the sale is to begin and, during the last 15 days of such sale, shall clearly and prominently state the date upon which the sale shall end.
(Acts 1965, No. 553, p. 1027, §15.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-17/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-17 - Sale Limited to Inventoried Stock; Additions to Inventory.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-17 - Sale Limited to Inventoried Stock; Additions to Inventory.
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Section 8-13-17
Sale limited to inventoried stock; additions to inventory.
(a) During any going out of business sale or distress merchandise sale, it shall be unlawful for a licensee to sell, offer for sale, or advertise for sale any goods, wares, or merchandise which were not included in the inventory filed with his application or added to his stock as permitted in this section.
(b) During any licensed going out of business sale or distress merchandise sale, no additions shall be made to the stock of merchandise set forth in the inventory attached to the application for the license; provided, however, that the applicant may add new stock not to exceed 10 percent of the dollar value of the inventory of goods, wares, or merchandise on hand as shown in the inventory attached to the application filed pursuant to this chapter; and provided further, that the addition of 10 percent shall include the goods, wares, or merchandise on order as shown in the application. The purpose of said additions to inventory shall be only to maintain reasonably balanced selections.
(Acts 1965, No. 553, p. 1027, §16.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-18/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-18 - Daily Report of Merchandise Received; Failure to Report Ground for License Revocat...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-18 - Daily Report of Merchandise Received; Failure to Report Ground for License Revocation.
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Section 8-13-18
Daily report of merchandise received; failure to report ground for license revocation.
A licensee in a going out of business sale or distress merchandise sale shall file with the probate judge issuing the license a daily report under oath of merchandise received. The report shall show the quantity, kind, and grade of each item received, the supplier of each item, and the wholesale value thereof. Failure to report any receipt of goods while a license is in force is ground for revocation of the license, in the discretion of the probate judge issuing the same.
(Acts 1965, No. 553, p. 1027, §17.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-20 - False Bidders, etc., Prohibited.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-20 - False Bidders, etc., Prohibited.
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Section 8-13-20
False bidders, etc., prohibited.
No person who is not a bona fide potential purchaser shall act at any going out of business sale or distress merchandise sale as bidder, or what is commonly known as a "capper," "booster," or "shiller," or offer or make any false bid to buy any article sold or offered for sale at any going out of business sale or distress merchandise sale.
(Acts 1965, No. 553, p. 1027, §19.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-21/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-21 - Licensee to Be in Continuous Attendance at Sale; Licensee Responsible for Violatio...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-21 - Licensee to Be in Continuous Attendance at Sale; Licensee Responsible for Violations of Chapter.
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Section 8-13-21
Licensee to be in continuous attendance at sale; licensee responsible for violations of chapter.
The person to whom a license has been granted under this chapter, or his authorized representative, shall remain in continuous attendance at all times while a going out of business sale or distress merchandise sale is being conducted, and he shall be responsible for any violation of the provisions of this chapter.
(Acts 1965, No. 553, p. 1027, §20.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-22/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-22 - Penalties for Violation of Chapter; Each Sale, etc., Constitutes Separate Offense.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-22 - Penalties for Violation of Chapter; Each Sale, etc., Constitutes Separate Offense.
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Section 8-13-22
Penalties for violation of chapter; each sale, etc., constitutes separate offense.
(a) A person convicted of a willful violation of any of the provisions of this chapter shall be fined not more than $100 and may be imprisoned for not more than six months, or both.
(b) Each separate sale, offering for sale, or advertising for sale at a going out of business sale or distress merchandise sale of any goods, wares, or merchandise in violation of the provisions of this chapter constitutes a separate offense.
(Acts 1965, No. 553, p. 1027, §23.)
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https://law.justia.com/codes/alabama/title-8/chapter-13/section-8-13-23/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 13 - Going Out of Business or Distress Merchandise Sales.›Section 8-13-23 - Chapter Not Applicable to Certain Sales.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-23 - Chapter Not Applicable to Certain Sales.
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Section 8-13-23
Chapter not applicable to certain sales.
In the following cases the provisions of this chapter shall not apply:
(1) Sales for the estate of a decedent by the personal representative, or his agent, according to law or by the provisions of the will.
(2) Sales of property conveyed by deed of trust, mortgage, or judgment or ordered to be sold according to the mortgage, judgment, or order.
(3) Sales of all agricultural produce and livestock arising from the labor of the seller or other labor under his control on or belonging to his real or personal estate and not purchased or sold for speculation.
(4) All sales under legal process.
(5) Sales by a licensed pawnbroker or loan company which is selling or offering for sale unredeemed pledges of chattels as provided by law.
(6) Sales made within the incorporated limits or police jurisdiction of any municipality of the State of Alabama under a license granted by such municipality pursuant to the provisions of a valid ordinance of such municipality similar to the provisions of this chapter.
(7) Sales of automobiles by an auctioneer licensed under the laws of the State of Alabama.
(8) Sales of fire, smoke, or water damaged merchandise by a licensed business establishment continuing in business. Such sales shall be limited to 12 regular business days.
(9) Sales of perishable merchandise by a licensed business establishment continuing in business. Such sales shall be limited to seven regular business days.
(Acts 1965, No. 553, p. 1027, §24.)
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https://law.justia.com/codes/alabama/title-8/chapter-14/article-1/section-8-14-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 14 - Public Auctions.›Article 1 - General Provisions.›Section 8-14-1 - Records to Be Kept by Persons Selling Personal Property at Auction; Inspection of R...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 14 - Public Auctions. › Article 1 - General Provisions. › Section 8-14-1 - Records to Be Kept by Persons Selling Personal Property at Auction; Inspection of Records by Law Enforcement Officers.
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Section 8-14-1
Records to be kept by persons selling personal property at auction; inspection of records by law enforcement officers.
(a) Every person, firm, or corporation engaged in the business of selling personal property at public auction in the State of Alabama, whether the same shall be their own property or whether they sell the same at auction as agent or employee of others, shall keep and maintain records in which shall be described and inventoried all articles of personal property received by such person, firm, or corporation for sale at auction, including the date of such receipt, the date of sale, the names and addresses of persons from whom the property was received for sale, and the names and addresses of persons to whom the property was sold; provided, that the provisions of this section shall not apply to the sale of livestock at auction.
(b) The records required to be kept by this section shall be open at all times to inspection by all law enforcement officers; and persons, firms, or corporations engaged in the business of selling personal property at public auction are required in any case to give all information they may have of property received and sold or offered for sale by them.
(c) Any person, firm, or corporation failing, neglecting, or refusing to keep and maintain the records provided for in this section or to permit the inspection thereof by the proper authorities shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000.
(Acts 1966, Ex. Sess., No. 428, p. 572, §§1, 2, 3.)
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https://law.justia.com/codes/alabama/title-8/chapter-14/article-2/section-8-14-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 14 - Public Auctions.›Article 2 - Sale of Gold, Silver, Watches, Jewelry, China, Etc.›Section 8-14-20 - Sales at Auction Restricted.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 14 - Public Auctions. › Article 2 - Sale of Gold, Silver, Watches, Jewelry, China, Etc. › Section 8-14-20 - Sales at Auction Restricted.
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Section 8-14-20
Sales at auction restricted.
Repealed by Act 98-271, §3, effective July 1, 1998 .
(Acts 1923, No. 522, p. 691; Code 1923, §3319; Code 1940, T. 57, §84.)
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https://law.justia.com/codes/alabama/title-8/chapter-14/article-2/section-8-14-21/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 14 - Public Auctions.›Article 2 - Sale of Gold, Silver, Watches, Jewelry, China, Etc.›Section 8-14-21 - Prohibited Hours of Sale.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 14 - Public Auctions. › Article 2 - Sale of Gold, Silver, Watches, Jewelry, China, Etc. › Section 8-14-21 - Prohibited Hours of Sale.
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Section 8-14-21
Prohibited hours of sale.
Repealed by Act 98-271, §3, effective July 1, 1998 .
(Code 1923, §3320; Acts 1932, Ex. Sess., No. 322, p. 314; Code 1940, T. 57, §85.)
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https://law.justia.com/codes/alabama/title-8/chapter-14/article-2/section-8-14-22/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 14 - Public Auctions.›Article 2 - Sale of Gold, Silver, Watches, Jewelry, China, Etc.›Section 8-14-22 - By-Bidders, Cappers, and Boosters.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 14 - Public Auctions. › Article 2 - Sale of Gold, Silver, Watches, Jewelry, China, Etc. › Section 8-14-22 - By-Bidders, Cappers, and Boosters.
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Section 8-14-22
By-bidders, cappers, and boosters.
It shall be unlawful for any person to act as by-bidder, or what is commonly known as capper or booster, at any public auction regulated by this article, or to place, offer, or make any false bid to buy, or pretend to buy, any article sold or offered for sale at any such auction sale.
(Acts 1923, No. 522, p. 691; Code 1923, §3321; Code 1940, T. 57, §86.)
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https://law.justia.com/codes/alabama/title-8/chapter-14/article-2/section-8-14-23/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 14 - Public Auctions.›Article 2 - Sale of Gold, Silver, Watches, Jewelry, China, Etc.›Section 8-14-23 - Descriptions of Goods Considered Warranties.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 14 - Public Auctions. › Article 2 - Sale of Gold, Silver, Watches, Jewelry, China, Etc. › Section 8-14-23 - Descriptions of Goods Considered Warranties.
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Section 8-14-23
Descriptions of goods considered warranties.
Any person, firm, or corporation selling, disposing of, or offering for sale at public auction any gold, silver, plated ware, precious stones, watches, clocks, jewelry, bric-a-brac, china, or glassware shall be truthful in describing the same with respect to the character, quality, kind, and description of the same, which, for the purpose thereof, shall be considered as warranties.
(Acts 1923, No. 522, p. 691; Code 1923, §3322; Code 1940, T. 57, §87.)
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https://law.justia.com/codes/alabama/title-8/chapter-14/article-2/section-8-14-24/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 14 - Public Auctions.›Article 2 - Sale of Gold, Silver, Watches, Jewelry, China, Etc.›Section 8-14-24 - Penalty for Violation of Article.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 14 - Public Auctions. › Article 2 - Sale of Gold, Silver, Watches, Jewelry, China, Etc. › Section 8-14-24 - Penalty for Violation of Article.
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Section 8-14-24
Penalty for violation of article.
Any person, firm, or corporation violating any of the provisions of this article shall be fined upon conviction in a sum not exceeding $500, to which may be added imprisonment for not exceeding 90 days in the discretion of the court.
(Acts 1923, No. 522, p. 691; Code 1923, §3323; Code 1940, T. 57, §88.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-1/section-8-15-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 1 - General Provisions.›Section 8-15-1 - Definition; Supervision by Commissioner of Agriculture and Industries.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-1 - Definition; Supervision by Commissioner of Agriculture and Industries.
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Section 8-15-1
Definition; supervision by Commissioner of Agriculture and Industries.
(a) All buildings, structures, or other protected enclosures used for storage of cotton or other articles of value for the public, with or without compensation, and all buildings, structures, or other protected enclosures for the storage of cotton or other articles of value where a statement is issued acknowledging the receipt of the articles of goods stored and undertaking to deliver the same are declared to be public warehouses.
(b) All such warehouses shall be under the supervision of the Commissioner of Agriculture and Industries, whose duty it shall be to enforce the requirements of the law and the rules and regulations promulgated by the State Board of Agriculture and Industries relative to public warehouses.
(c) The term "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.
(Ag. Code 1927, §388; Acts 1935, No. 13, p. 12; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §568; Acts 1943, No. 301, p. 260.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-1/section-8-15-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 1 - General Provisions.›Section 8-15-2 - Promulgation of Standards, Character of Records, Rules and Regulations by State Boa...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-2 - Promulgation of Standards, Character of Records, Rules and Regulations by State Board of Agriculture and Industries.
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Section 8-15-2
Promulgation of standards, character of records, rules and regulations by State Board of Agriculture and Industries.
The State Board of Agriculture and Industries shall have authority to:
(1) Provide the standards as to the suitability or adequacy for the purpose for which it is used or intended of any warehouse building, structure, or protected enclosure used for the storage of cotton or other articles of value;
(2) Prescribe the character of records; and
(3) Promulgate such other rules and regulations relative to the conduct of the business of a public warehouse and such as are necessary to effect the purposes of this chapter.
(Ag. Code 1927, §389; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §569.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-1/section-8-15-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 1 - General Provisions.›Section 8-15-3 - Permit - Required; Application; Fees.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-3 - Permit - Required; Application; Fees.
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Section 8-15-3
Permit - Required; application; fees.
(a) The judge of probate of the county may not issue a license permitting anyone to transact business as a public warehouseman unless the person presents to the judge of probate a permit to transact such business issued by the Commissioner of Agriculture and Industries showing that he or she has complied with all the provisions of the law and rules and regulations promulgated by the State Board of Agriculture and Industries relative to public warehouses.
(b) Any person desiring to operate a public warehouse shall file with the Commissioner of Agriculture and Industries, upon forms prescribed by the commissioner, a written application, verified by affidavit, which shall set forth the location and the name of such warehouse and the name of such person interested as owner or principal in the management of the same or, if it is managed or controlled by a corporation, the names of the president, secretary, and treasurer of such corporation shall be stated, and the location of the principal office of such corporation. The application shall also state the character of goods or articles for the storage of which the public warehouse will be operated, and the estimated value of articles stored in such warehouse at the time, and during the preceding 12 months, when the value of the articles stored was the greatest.
(c) In the event cotton is stored in the warehouse, the verified application shall also state the number of bales of cotton stored therein during the 12 months next preceding the date of the application.
(d) Where no business has been done during the previous year, the application must state an estimate of the value of the articles which it is anticipated will be stored during the first year in the warehouse.
(e) The application shall also show what persons are authorized to sign receipts for the warehouse.
(f) A filing fee established by the Board of Agriculture and Industries not to exceed one hundred fifty dollars ($150) shall accompany the application, which shall accrue to the credit of the Agricultural Fund to be used in defraying the expenses of executing the provisions of this chapter.
(g) The Commissioner of Agriculture and Industries may issue a permit to a federally bonded warehouse upon the payment of the fee established by the board not to exceed one hundred fifty dollars ($150) without the filing of any bond with the state.
(Ag. Code 1927, §390; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §570; Acts 1981, No. 81-693, p. 1165, §1; Act 2004-516, p. 996, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-1/section-8-15-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 1 - General Provisions.›Section 8-15-4 - Permit - False Statements in Application.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-4 - Permit - False Statements in Application.
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Section 8-15-4
Permit - False statements in application.
Any person making a false material statement in an application filed under this chapter to secure a permit to operate a public warehouse shall be guilty of perjury and, upon conviction, shall be punished as now provided by law for the commission of such offense.
(Ag. Code 1927, §407; Acts 1935, No. 13, p. 12; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §586.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-1/section-8-15-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 1 - General Provisions.›Section 8-15-5 - Permit - Investigation of Building and Applicant.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-5 - Permit - Investigation of Building and Applicant.
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Section 8-15-5
Permit - Investigation of building and applicant.
(a) Upon the filing of an application with the Commissioner of Agriculture and Industries to secure a permit for the operation of a public warehouse, the commissioner or his duly authorized agent shall make such investigation as necessary to ascertain whether or not the statements contained in such application are true and correct, whether or not the building, structure, or protected enclosure is reasonably suited or adequate for the purpose for which it is intended to be used and whether or not there has been a compliance with all conditions as required by the law and the rules and regulations of the State Board of Agriculture and Industries relative to public warehouses.
(b) The Commissioner of Agriculture and Industries may investigate and consider the responsibility, reliability, and qualifications, as well as the capacity of the person or persons filing with him an application, for a permit to operate a public warehouse, both with reference to the person or persons applying for such permit and the person who is shown in the application as the person authorized to sign receipts for the warehouse.
(Ag. Code 1927, §391; Acts 1935, No. 13, p. 12; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §571.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 1 - General Provisions.›Section 8-15-6 - Permit - Notification of Grant or Denial; Appeals.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-6 - Permit - Notification of Grant or Denial; Appeals.
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Section 8-15-6
Permit - Notification of grant or denial; appeals.
(a) The Commissioner of Agriculture and Industries shall promptly notify any person applying for a permit to operate a public warehouse whether or not such application has been granted.
(b) In the event the Commissioner of Agriculture and Industries refuses to grant such permit, the applicant may give written notice, by filing the same with the chief clerk of the Department of Agriculture and Industries, that he appeals from the decision of the commissioner to the State Board of Agriculture and Industries. Such appeal must be heard at the next meeting of the board, at which time the board shall investigate the facts and hear from both the commissioner or his duly authorized agent and the applicant and, after due consideration, enter a written finding determining whether or not such permit should be issued, spreading the same upon the minutes of the board.
(c) From the findings of the State Board of Agriculture and Industries, an appeal lies to the Circuit Court of Montgomery County. In the trial in the circuit court, the order of the board shall be presumed to be correct, and the burden shall be upon the applicant to show to the satisfaction of the court beyond a reasonable doubt that he is entitled to be permitted to engage in the operation of a public warehouse under the laws and rules and regulations relating to the same.
(Ag. Code 1927, §392; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §572.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-1/section-8-15-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 1 - General Provisions.›Section 8-15-7 - Permit - Bond and Proof of Insurance; Prerequisite to Issuance of Permit; Filing of...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-7 - Permit - Bond and Proof of Insurance; Prerequisite to Issuance of Permit; Filing of Additional Bonds; Actions on Bond.
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Section 8-15-7
Permit - Bond and proof of insurance; prerequisite to issuance of permit; filing of additional bonds; actions on bond.
(a) In the event the Commissioner of Agriculture and Industries decides that a permit to operate a public warehouse should be issued, he shall fix the amount of the bond, which shall be furnished by the applicant and approved by the commissioner prior to the issuance of the permit. In addition to the requirement of bond, the commissioner may require the applicant, as a prerequisite to the issuance of such bond, to furnish legal proof of warehouseman's legal liability insurance in effect on the commodities to be stored in any such public warehouse.
(b) Such bond shall be made with some surety company that has complied with the laws of the State of Alabama and which has a reputation for promptly settling claims upon their merits and shall be payable to the State of Alabama in such sum as the Commissioner of Agriculture and Industries may fix, but in no event be more than $5,000. Said bond shall be conditioned upon the faithful performance of his or its duties as a public warehouseman for the period covered by the permit and for a faithful compliance with all laws, rules, and regulations relating to the operation of a public warehouse.
(c) Notwithstanding the above bond requirements the Commissioner of Agriculture and Industries may require the filing of additional bonds at any time by any warehouseman storing agricultural commodities, and the failure to file any such additional bonds, within the time to be fixed by the commissioner, shall be sufficient cause for revoking the permit issued such warehouseman.
(d) The bond required of an applicant for a permit to operate a public warehouse shall also undertake to pay to the State of Alabama all expenses of any successful litigation which the state institutes to compel a compliance with the laws and rules and regulations relative to public warehouses.
(e) Any person who suffers a loss because of a breach of the conditions of the required public warehouseman's bond may bring an action on such bond in his own name against the principal and surety thereon for any such breach and loss until the penalty of said bond is exhausted; provided, that the aggregate liability of the surety to all such persons shall in no event exceed the amount of such bond. In the event the penalty is exhausted, the Commissioner of Agriculture and Industries shall require the filing of an additional bond within a reasonable time period, or revoke the permit heretofore issued.
(Ag. Code 1927, §§393, 394; Acts 1931, No. 737, p. 844; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §§573, 574; Acts 1980, No. 80-83, p. 107.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-1/section-8-15-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 1 - General Provisions.›Section 8-15-8 - Permit - Recordation.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-8 - Permit - Recordation.
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Section 8-15-8
Permit - Recordation.
Repealed by Act 2014-315, §1, effective April 8, 2014.
(Ag. Code 1927, §396; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §576.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-1/section-8-15-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 1 - General Provisions.›Section 8-15-9 - Permit - Issuance; Term; Expiration Date.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-9 - Permit - Issuance; Term; Expiration Date.
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Section 8-15-9
Permit - Issuance; term; expiration date.
(a) Upon the filing and approval of a bond with the Commissioner of Agriculture and Industries, the commissioner must issue a permit which will authorize the applicant to operate a public warehouse at the place, building, structure, or enclosure named in the application upon such applicant's securing from the probate judge of the county a license required by law to transact such business.
(b) Such permit shall not be issued for a longer period than one year and shall expire on July 31 next after the issuance thereof.
(Ag. Code 1927, §395; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §575; Acts 1945, No. 476, p. 708.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-1/section-8-15-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 1 - General Provisions.›Section 8-15-10 - Permit - Penalty for Operating Without Permit; Disposition of Proceeds From Penalt...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-10 - Permit - Penalty for Operating Without Permit; Disposition of Proceeds From Penalties.
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Section 8-15-10
Permit - Penalty for operating without permit; disposition of proceeds from penalties.
(a) Any person operating a public warehouse without a permit required by this chapter shall be subject to a penalty of not over $1,000, which may be collected in a civil action instituted at the instance of the Governor, the Attorney General or the Commissioner of Agriculture and Industries.
(b) All moneys received from the collection of such penalty shall accrue to the Agricultural Fund.
(Ag. Code 1927, §407; Acts 1935, No. 13, p. 12; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §586.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-1/section-8-15-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 1 - General Provisions.›Section 8-15-11 - Inspection of Warehouses by Commissioner and Agents.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-11 - Inspection of Warehouses by Commissioner and Agents.
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Section 8-15-11
Inspection of warehouses by commissioner and agents.
(a) The Commissioner of Agriculture and Industries and his duly authorized agents or employees shall have full power and authority to inspect public warehouses, to audit the books thereof, to check the articles or goods stored with the records or receipts, and to exercise such other power relative to public warehouses as is necessary to ascertain whether or not the business is conducted in such a manner as to protect the interest of the persons who are storing, or may store, articles in such warehouse.
(b) The inspectors, when instructed by the Commissioner of Agriculture and Industries, shall make sworn reports of their findings, within 10 days after the completion of the work assigned, to the commissioner, who shall hold and keep same in the records of his office. Such reports, when sworn to, shall be public records and shall be prima facie evidence of what they charge.
(c) Such inspections shall be made at least twice between October 1 and September 30 in each fiscal year.
(Ag. Code 1927, §397; Acts 1935, No. 148, p. 192; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §577.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-1/section-8-15-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 1 - General Provisions.›Section 8-15-12 - Investigation of Complaints Against Warehouse.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-12 - Investigation of Complaints Against Warehouse.
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Section 8-15-12
Investigation of complaints against warehouse.
Upon the filing of a complaint in writing by any person with the Commissioner of Agriculture and Industries setting forth a violation of the laws or rules and regulations relating to the operation of a public warehouse, setting forth that the warehouse building, structure, or protected enclosure is not reasonably suitable or adequate for the purpose for which it is used, setting forth facts showing that there is a shortage of the articles which have been stored in said warehouse, setting forth any other facts showing that the interests of the persons who have stored, or who may store, articles in such warehouse are jeopardized or are not properly safeguarded and protected or where such facts are ascertained by the commissioner by an investigation upon his own initiative, or otherwise, the commissioner must make an investigation to ascertain whether or not the facts alleged in the complaint are true or whether or not there is reasonable cause to believe such facts to be true.
(Ag. Code 1927, §398; Acts 1935, No. 13, p. 12; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §578.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-1/section-8-15-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 1 - General Provisions.›Section 8-15-13 - Public Hearing on Operations; Notice of Hearing; Sworn Testimony Heard; Authority...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-13 - Public Hearing on Operations; Notice of Hearing; Sworn Testimony Heard; Authority to Subpoena Witnesses; Witness Fees; Production of Books and Records; Appearance in Person or by Counsel; Failure to Obey Process; Rules of Evidence Not Applicable.
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Section 8-15-13
Public hearing on operations; notice of hearing; sworn testimony heard; authority to subpoena witnesses; witness fees; production of books and records; appearance in person or by counsel; failure to obey process; rules of evidence not applicable.
(a) In the event the Commissioner of Agriculture and Industries is of the opinion that a condition exists which would jeopardize the interest of persons patronizing, or who may patronize, a public warehouse by reason of the manner in which such public warehouse is being operated or that the same is being operated without having complied with the laws or rules and regulations relating to the operation of public warehouses, he shall order a public hearing thereon, to be held in the office of the commissioner at Montgomery or at the courthouse of the county in which the warehouse is being operated, to determine what action shall be taken relative to the said warehouse.
(b) It shall be the duty of the Commissioner of Agriculture and Industries to give notice by registered mail addressed to the owners or operators of the public warehouse at least 10 days prior to the date fixed for the hearing, of the time and place thereof.
(c) Upon the hearing, the Commissioner of Agriculture and Industries shall hear sworn testimony of persons complaining as to the manner of the operation of the warehouse and of agents and employees of the Department of Agriculture and Industries who have made investigations into the manner of the operation thereof. He shall also hear sworn testimony of the owners and operators of said warehouse, if any is offered, and the sworn testimony of any persons which they may offer in refutation of the complaints and charges.
(d) The Commissioner of Agriculture and Industries in such cases shall have the authority to compel the attendance of witnesses by issuing subpoenas signed by him, which subpoenas must be served by any lawful officer of the State of Alabama and due return made thereon as is provided by law for the procuring of testimony in civil actions in the circuit courts of this state.
(e) Each witness so subpoenaed and attending upon such hearing shall be entitled to $3 per day for each day of his attendance upon such hearing and $.05 for each mile necessarily traveled in coming to and returning from the hearing.
(f) In the event that investigation results in a finding of the Commissioner of Agriculture and Industries that the said public warehouse is being operated in a manner in violation of the laws and regulations pertaining thereto or in a manner which jeopardizes the interest of the persons patronizing the same, witnesses subpoenaed and attending on behalf of the warehouse shall not be paid from public funds, but the witnesses attending on behalf of the complainant or on behalf of the commissioner shall be paid from the funds of the Department of Agriculture and Industries in the treasury. In the event that the finding of the commissioner shall determine that the public warehouse is being operated in compliance with law and regulations relating thereto, all witnesses appearing upon such hearing shall be paid from the funds of the Department of Agriculture and Industries.
(g) Upon such hearing the Commissioner of Agriculture and Industries shall have authority to administer oaths to witnesses and to compel the production of books and records necessary to a determination of the issue involved in such cause by the issuance of subpoena duces tecum and all other necessary process.
(h) The public warehouse involved and the owners and operators thereof may appear in person or by counsel and shall have the benefit of compulsory process for the attendance of its witnesses.
(i) Willful failure to obey the process issued to witnesses by the Commissioner of Agriculture and Industries shall be punishable as in cases of failure to obey the process issued out of the circuit courts of this state. In such cases the commissioner shall certify to the judge of the circuit court having jurisdiction at the place of the commissioner's hearing the fact of willful disobedience of his subpoena, whereupon such judge shall cause the defaulting witness to appear before him upon a date fixed to show cause why he should not be adjudged in contempt for the willful failure to obey the process issued by the commissioner as hereinabove provided, and upon determination of willful disobedience of such process, shall enter judgment and impose punishment as in cases of contempt of the circuit court.
(j) In the conduct of such hearing the Commissioner of Agriculture and Industries shall not be bound by the strict rules of evidence prevailing in the courts of the state.
(Ag. Code 1927, §§399, 400; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §§579, 580.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-1/section-8-15-14/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 1 - General Provisions.›Section 8-15-14 - Revocation of Permit; Liquidation of Operation.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-14 - Revocation of Permit; Liquidation of Operation.
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Section 8-15-14
Revocation of permit; liquidation of operation.
(a) In the event that the Commissioner of Agriculture and Industries upon a public hearing finds and determines that a public warehouse is being operated in violation of law and regulations and in jeopardy of the public interest, he shall thereupon revoke the permit to operate such public warehouse and, in his discretion, he may take charge of the operation of such warehouse for the purpose of liquidating the same under the direction of the circuit court having jurisdiction at the place of the operation thereof and to operate same under the direction of the court for such time as may be necessary to protect the public interest or to compel compliance with the laws and regulations relating to the operation of public warehouses.
(b) Upon taking charge thereof, the Commissioner of Agriculture and Industries shall appoint in writing, under his hand and official seal, an agent to assist him in the duty of liquidation and distribution of the assets of any public warehouse so taken possession of by him under the provisions of this chapter and the commissioner may authorize such agent to perform such duties connected with such liquidation and distribution as the commissioner himself could in person do and perform.
(c) The Commissioner of Agriculture and Industries forthwith shall cause to be addressed to the circuit court of the county in which such warehouse is located a petition for receivership and liquidation thereof, setting forth the full facts upon which his action in taking charge of the warehouse is based and requesting that the court take jurisdiction and order the liquidation of such public warehouse and the collection of its assets and the distribution thereof and of the property therein stored to its creditors and to claimants of such property so stored therein in such manner as will best serve the public interest.
(d) The court shall fix a date for hearing thereof not less than 10 days from the date of presentation and shall order that in the interim between the filing of the petition and the final determination of the matter of liquidation thereof, that the warehouse shall be under the direction of the Commissioner of Agriculture and Industries or the agents appointed by him to assist therein. If upon final hearing thereof the court determines that the warehouse is not being operated in such manner as is violative of laws and regulations pertaining thereto or in a manner which jeopardizes the public interest, an order shall thereupon be made and entered dismissing the petition and directing the return of the control and operation of the warehouse to the owners and operators thereof. In the event, however, that the court determines that the warehouse is being operated in violation of law and regulations pertaining thereto or in jeopardy of the public interest, an order shall be made and entered appointing the commissioner as liquidating agent thereof and directing the operation of the warehouse by the commissioner and his designated agents under the direction of the court so long as may be necessary for the purpose of the collection of the assets of the warehouse and the distribution thereof to the creditors thereof and for the protection and distribution of the property therein stored to the owners thereof.
(e) The court may provide for the compensation of the liquidating agent and of the employees necessary in the operation thereof, for the employment of counsel and the payment of other expenses necessary to the operation of the warehouse during the period of receivership and cause the same to be paid from the assets of the public warehouse as a prior charge thereon.
(f) The court shall also cause notice to be given by publication of the receivership of the public warehouse and that claims of creditors and bailors of property therein stored shall be presented to the designated liquidating agent within such time as the court may fix not less than six nor more than 12 months after the date of the completion of the publication. If the Commissioner of Agriculture and Industries doubts the justice and validity of any claims of creditors or of bailors, he may reject the same and serve notice of such rejection upon the creditor or bailor, either by mail or personally, and an affidavit of service of such notice which shall be prima facie evidence thereof shall be filed in the office of the liquidating agent and a copy thereof shall be filed in the office of the commissioner. An action upon a claim so rejected must be brought by complaint to the court having jurisdiction of the affairs of the public warehouse by the creditor or bailor within six months after such service or the same shall be barred. Claims presented and allowed after the expiration of the time fixed in the notice to creditors and bailors shall be entitled to share in the distribution only to the extent of the assets in the hands of the commissioner at the time such claims are filed without allowance for prior distributions.
(g) The Commissioner of Agriculture and Industries shall have authority for, and in the name of, the public warehouse in liquidation to collect the assets of such public warehouse and to initiate and prosecute litigation for the collection thereof.
(h) At any time after the expiration of the date fixed for the presentation of claims, the Commissioner of Agriculture and Industries may petition the court for direction as to distribution of assets then in his hands, and he shall make distribution as directed by the court. After one year from the expiration of the date fixed for the presentation of claims, the court shall order final distribution to creditors and bailors unless the time thereof shall have been extended by the court by order duly made and entered. Whenever the commissioner shall have paid all of the creditors and shall have satisfied the claims and demands of all the bailors of the public warehouse whose claims shall have been duly proven and allowed and shall have paid all of the expenses of the liquidation, he shall deliver upon order of the court duly made and entered the remaining assets in his custody to the public warehouse or the owners and operators thereof. The property of bailors remaining in the hands of the commissioner, or the liquidating agent, for a period of six months after the date fixed by the court for final distribution of assets shall be sold and converted into money, with a complete record of the proceeds of the property belonging to each separate bailor who has not claimed the same. The proceeds of such sales shall be covered by him into the treasury to the credit of the commissioner in trust for the several bailors of the liquidated public warehouse, and the commissioner may pay over the money so held by him in trust to the bailors entitled thereto upon being satisfied of their right to the same. In case of doubtful or conflicting claims to said proceeds, he may require an order from the court having jurisdiction of the liquidation of the warehouse authorizing and directing the payment thereof. All such funds remaining in his hands for a period of 10 years after the date upon which he covered the same into the treasury shall become the property of the state and shall be covered into the state Agricultural Fund.
(i) Upon the finding of the Commissioner of Agriculture and Industries that it is necessary to take charge of a public warehouse for liquidation thereof, he shall forthwith make full report thereof to the State Board of Agriculture and Industries which shall spread his findings upon the minutes of the said State Board of Agriculture and Industries; and at the conclusion of the liquidation of any warehouse of which the commissioner has taken charge as herein provided, he shall forthwith make full report thereof to the State Board of Agriculture and Industries, which shall spread the same upon its minutes.
(Ag. Code 1927, §401; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §581.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-1/section-8-15-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 1 - General Provisions.›Section 8-15-15 - Issuance of Receipt by Warehouseman.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-15 - Issuance of Receipt by Warehouseman.
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Section 8-15-15
Issuance of receipt by warehouseman.
Every public warehouseman receiving property of any kind for safekeeping must issue, on delivery to him or it of such property, in favor of the person from whom received, a receipt therefor, which shall comply with the requirements of the laws of this state.
(Ag. Code 1927, §403; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §582.)
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