reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 3 - Structural Settlement Protection Act. › Section 6-11-52 - Disclosure Statement.

Section 6-11-52
Disclosure statement.
Not less than three days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than 14 points, setting forth all of the following:
(1) The amounts and due dates of the structured settlement payments to be transferred.
(2) The aggregate amount of the payments.
(3) The discounted present value of the payments to be transferred, which shall be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities," and the amount of the applicable federal rate used in calculating the discounted present value.
(4) The gross advance amount.
(5) An itemized listing of all applicable transfer expenses, other than attorneys' fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of the fees and disbursements.
(6) The net advance amount.
(7) The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee.
(8) A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee.
(Act 2006-628, p. 1714, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 3 - Structural Settlement Protection Act. › Section 6-11-53 - Advanced Approval by Court Required; Hearing.

Section 6-11-53
Advanced approval by court required; hearing.
No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order or order of a responsible administrative authority based on express findings by the court or responsible administrative authority, determined after a factual hearing, of all of the following:
(1) The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents.
(2) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived such advice in writing.
(3) The transfer does not contravene any applicable statute or the order of any court or other government authority.
(Act 2006-628, p. 1714, §4.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 3 - Structural Settlement Protection Act. › Section 6-11-54 - Effects of Transfer of Rights.

Section 6-11-54
Effects of transfer of rights.
(a) Following a transfer of structured settlement payment rights under this article:
(1) The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments.
(2) The transferee shall be liable to the structured settlement obligor and the annuity issuer in the following cases:
a. If the transfer contravenes the terms of the structured settlement, for any federal or state income taxes, interest, fees, and penalties incurred by the parties, including the annuity issuer and structured settlement obligor, as a consequence of the transfer.
b. For any other liabilities or costs, including reasonable costs and attorneys' fees, arising from compliance by the parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee's failure to comply with this article.
(b) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees.
(c) Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this article.
(Act 2006-628, p. 1714, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 3 - Structural Settlement Protection Act. › Section 6-11-55 - Application for Approval of Transfer; Notice.

Section 6-11-55
Application for approval of transfer; notice.
(a) An application under this article for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the county in which the payee resides, in the county in which the structured settlement obligor or the annuity issuer maintains its principal place of business, or in any court or before any responsible administrative authority which approved the structured settlement agreement.
(b) Not less than 20 days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under Section 6-11-53, the transferee shall file with the court or responsible administrative authority a notice of the proposed transfer and the application for its authorization. Such notice and application shall include all of the following:
(1) A copy of the transferee's application.
(2) A copy of the transfer agreement.
(3) A copy of the disclosure statement required under Section 6-11-52.
(4) A listing of each of the payee's dependents, together with each dependent's age.
(5) Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee's application, either in person or by counsel, by submitting a written response to the court or responsible administrative authority or by participating in the hearing.
(6) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed, which shall be not less than 15 days after service of the transferee's notice, in order to be considered by the court or responsible administrative authority.
(c) The notice and application required by subsection (b) shall be served on all interested parties in the manner provided by the Alabama Rules of Civil Procedure for the service of process.
(Act 2006-628, p. 1714, §6.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 3 - Structural Settlement Protection Act. › Section 6-11-56 - Waiver; Choice of Law; Procedures for Life-Contingent Rights; Liability.

Section 6-11-56
Waiver; choice of law; procedures for life-contingent rights; liability.
(a) The provisions of this article may not be waived by any payee.
(b) Any transfer agreement entered into on or after July 1, 2006, by a payee who resides in this state shall provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this state. Such a transfer agreement shall not authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.
(c) No transfer of structured settlement payment rights shall extend to any payments that are life-contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for (1) periodically confirming the payee's survival, and (2) giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee's death.
(d) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of the transfer to satisfy the conditions of this article.
(e) Nothing contained in this article shall be constructed to authorize any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to July 1, 2006, is valid or invalid.
(f) Compliance with the requirements set forth in Section 6-11-52 and fulfillment of the conditions set forth in Section 6-11-53 shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with the requirements or failure to fulfill the conditions.
(Act 2006-628, p. 1714, §7.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 3 - Structural Settlement Protection Act. › Section 6-11-57 - Applicability.

Section 6-11-57
Applicability.
This article shall apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after the 30th day after July 1, 2006; provided, however, that nothing contained herein shall imply that any transfer under a transfer agreement reached prior to such date is either effective or ineffective.
(Act 2006-628, p. 1714, §8.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 3 - Structural Settlement Protection Act. › Section 6-11-58 - Relation to Workers' Compensation Provisions.

Section 6-11-58
Relation to workers' compensation provisions.
Nothing in this article shall be construed to apply to any settlement under the Alabama Workers' Compensation Law.
(Act 2006-628, p. 1714, §9.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 3 - Structural Settlement Protection Act. › Section 6-11-59 - Confidentiality of Settlement Terms.

Section 6-11-59
Confidentiality of settlement terms.
Nothing in this article is intended to, or shall, require or allow the disclosure, publication, or dissemination of the terms of a settlement which is confidential, whether the confidentiality is created by agreement of the parties or by order of the court, or by both.
(Act 2006-628, p. 1714, §10.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 12 - Escrow Fund for Certain Tobacco Product Manufacturers. › Section 6-12-1 - Legislative Findings.

Section 6-12-1
Legislative findings.
The Legislature of Alabama finds as follows:
(1) Cigarette smoking presents serious public health concerns to the state and to the citizens of the state. The Surgeon General has determined that smoking causes lung cancer, heart disease, and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.
(2) Cigarette smoking also presents serious financial concerns for the state. Under certain health care programs, the state may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance.
(3) Under these programs, the state pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.
(4) It is the policy of the state that financial burdens imposed on the state by cigarette smoking be borne by tobacco product manufacturers rather than by the state to the extent that such manufacturers either determine to enter into a settlement with the state or are found culpable by the courts.
(5) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the "Master Settlement Agreement," with the state. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present, and certain future claims against them as described therein, to pay substantial sums to the state, tied in part to their volume of sales; to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.
(6) It would be contrary to the policy of the state if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the state will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the state to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise.
(Act 99-395, p. 652, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 12 - Escrow Fund for Certain Tobacco Product Manufacturers. › Section 6-12-4 - Limitation on Bond Requirements in Litigation Involving Master Settlement Agreement Signatories, Successors, and Affiliates.

Section 6-12-4
Limitation on bond requirements in litigation involving master settlement agreement signatories, successors, and affiliates.
(a) In civil litigation under any legal theory involving a signatory, a successor of a signatory, or an affiliate of a signatory to the tobacco Master Settlement Agreement, as defined in Section 6-12-2, the supersedeas bond to be furnished to stay the execution of the judgment during the entire course of appellate review shall be set in accordance with applicable laws or court rules, except that the total supersedeas bond that is required of all appellants collectively shall not exceed one hundred twenty-five million dollars ($125,000,000), regardless of the amount of the judgment.
(b) Notwithstanding subsection (a), if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may require the appellant to post a supersedeas bond in an amount up to the total amount of the judgment.
(c) This section shall apply to all actions pending or filed on or before February 24, 2006, and to all actions filed after February 24, 2006.
(Act 2006-94, p. 124, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 12A - Tobacco Master Settlement Complementary Legislation. › Section 6-12A-2 - Definitions.

Section 6-12A-2
Definitions.
For the purposes of this chapter, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section:
(1) BRAND FAMILY. All styles of cigarettes sold under the same trade mark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, menthol, lights, kings, and 100s and includes any brand name (alone or in conjunction with any other word) trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.
(2) CIGARETTE. As defined under subdivision (4) of Section 6-12-2.
(3) COMMISSIONER. The Commissioner for the Department of Revenue for the State of Alabama.
(4) DISTRIBUTOR. A person, wherever resident or located, who purchases non-tax-paid cigarettes and stores, sells, or otherwise disposes of the cigarettes.
(5) IMPORTER. As defined under subdivision (5) of Section 6-12-2.
(6) MASTER SETTLEMENT AGREEMENT. The tobacco Master Settlement Agreement as defined under subdivision (6) of Section 6-12-2.
(7) NON-PARTICIPATING MANUFACTURER. Any tobacco product manufacturer that is not a participating manufacturer.
(8) PARTICIPATING MANUFACTURER. As defined in Section II(jj) of the Master Settlement Agreement, and all amendments thereto.
(9) QUALIFIED ESCROW FUND. As defined in subdivision (7) of Section 6-12-2.
(10) TOBACCO PRODUCT MANUFACTURER. As defined in subdivision (10) of Section 6-12-2.
(11) UNITS SOLD. As defined in subdivision (11) of Section 6-12-2.
(12) WHOLESALER. A person, firm, corporation, club, or association that is authorized to affix tax stamps to packages or other containers of cigarettes under Chapter 25 of Title 40.
(Act 2003-372, p. 1049, §2; Act 2014-341, p. 1266, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 12A - Tobacco Master Settlement Complementary Legislation. › Section 6-12A-4 - Agent for Service of Process.

Section 6-12A-4
Agent for service of process.
(a) Agent for service of process required. Any non-resident or foreign non-participating manufacturer that has not registered to do business in the state as a foreign corporation or business entity, as a condition precedent to having its brand families listed or retained in the directory, shall appoint and continually engage without interruption the services of an agent in this state to act as agent for the service of process on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of this chapter and Section 6-12-3, may be served in any manner authorized by law. The service shall constitute legal and valid service of process on the non-participating manufacturer. The non-participating manufacturer shall provide the name, address, phone number, and proof of the appointment and availability of their agent to and to the satisfaction of the commissioner.
(b) The non-participating manufacturer shall provide notice to the commissioner 30 calendar days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the commissioner of the appointment of a new agent no less than five calendar days prior to the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the non-participating manufacturer shall notify the commissioner of termination within five calendar days and shall include proof to the satisfaction of the commissioner of the appointment of a new agent.
(Act 2003-372, p. 1049, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 12A - Tobacco Master Settlement Complementary Legislation. › Section 6-12A-6 - Penalties; Unlawful Practices.

Section 6-12A-6
Penalties; unlawful practices.
(a) Revocation of stamping privileges and civil penalty. In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a wholesaler, distributor, or any person has violated subsection (c) of Section 6-12A-3, or any regulation adopted pursuant thereto, the commissioner may revoke or suspend the stamping privileges of any stamping agent in the manner provided by Section 40-2A-8. Each stamp affixed and each offer to sell cigarettes in violation of subsection (c) of Section 6-12A-3 shall constitute a separate violation. For each violation thereof, the commissioner may also impose a civil penalty in an amount not to exceed the greater of 500 percent of the retail value of the cigarettes sold or five thousand dollars ($5,000) upon a determination of violation of subsection (c) of Section 6-12A-3 or any regulations adopted pursuant thereto.
(b) Contraband and seizure. Any cigarettes that have been sold, offered for sale, or possessed for sale in this state, or imported for personal consumption in this state in violation of subsection (c) of Section 6-12A-3 shall be deemed contraband, and the cigarettes shall be subject to seizure and forfeiture as provided under subsection (c) of Section 8-19-12; provided, however, that all such cigarettes shall be destroyed.
(c) Injunction. The commissioner may seek an injunction on behalf of the state to restrain a threatened or actual violation of subsection (c) of Section 6-12A-3, or subsection (a) or (d) of Section 6-12A-5, by a wholesaler or distributor, and compel the violator to comply with these subsections. In any action brought pursuant to this section, the state shall be entitled to recover the costs of investigation, costs of the action, and reasonable attorney fees.
(d) Unlawful sale and distribution. It shall be unlawful for a person to sell, distribute, acquire, hold, own, possess, transport, import, or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in the state in violation of subsection (c) of Section 6-12A-3. A violation of this subsection shall be a Class A misdemeanor.
(e) Unlawful and deceptive trade practices. A person who violates subsection (c) of Section 6-12A-3 engages in an unlawful and deceptive trade practice in violation of Section 8-19-5.
(Act 2003-372, p. 1049, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 12A - Tobacco Master Settlement Complementary Legislation. › Section 6-12A-7 - Review; Application for Permit; Rules and Regulations; Costs and Fees; Disgorgement of Profits.

Section 6-12A-7
Review; application for permit; rules and regulations; costs and fees; disgorgement of profits.
(a) Notice and review of determination. A tobacco product manufacturer who does not agree with a determination by the commissioner to not list or to remove from the directory a brand family or tobacco product manufacturer shall be entitled to file a written request for review with the commissioner. The written request shall be referred to as a petition for review and shall describe any specific objections to the determination not to list or to remove from the directory a brand family or tobacco product manufacturer.
(1) The petition for review and any supporting documentation, must be filed with the commissioner's office not later than 30 days after the date of the determination.
(2) The commissioner shall review the petition and any supporting documentation and notify the tobacco product manufacturer of the final determination.
(3) At the request of the tobacco product manufacturer, or if otherwise deemed necessary by the commissioner, a conference may be scheduled to allow the commissioner and the tobacco product manufacturer to present their respective positions.
(b) Applications for stamping permits. No person shall be permitted or otherwise authorized to affix stamps to tobacco products unless they certify in writing that they will comply fully with this chapter.
(c) Dates. For the year 2003:
(1) The first report by wholesalers and distributors required by subsection (a) of Section 6-12A-5, shall be due 30 days after August 1, 2003.
(2) The certifications by tobacco product manufacturers described in subsection (a) of Section 6-12A-3, shall be due 45 days after August 1, 2003.
(3) The directory described in subsection (b) of Section 6-12A-3, shall be published or made available within 90 days after August 1, 2003.
(d) Promulgation of regulations. The commissioner may promulgate regulations necessary to effectuate the implementation and administration of this chapter.
(e) Recovery of costs and fees. In any action brought by the state to enforce this chapter, the state shall be entitled to recover the costs of investigation, expert witness fees, the costs of the action, and reasonable attorney fees.
(f) Disgorgement of profits for violations of chapter. If a court determines that a person has violated this chapter, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the State Treasurer for deposit in the Alabama 21st Century Fund, created by Section 41-10-629. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state.
(Act 2003-372, p. 1049, §2.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 1 - Short Title, Construction, Application and Subject Matter of the Title. › Section 7-1-101 - Short Titles.

Section 7-1-101
Short titles.
(a) This title may be cited as the Uniform Commercial Code.
(b) This article may be cited as Uniform Commercial Code - General Provisions.
(Prior version of this section added by Acts 1965, No. 549, p. 811; repealed by Act 2004-524, p. 1070, §§1, 3; current section added by Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 1 - Short Title, Construction, Application and Subject Matter of the Title. › Section 7-1-102 - Scope of Article.

Section 7-1-102
Scope of article.
This article applies to a transaction to the extent that it is governed by another article of this title.
(Prior version of this section added by Acts 1965, No. 549, p. 811; repealed by Act 2004-524, p. 1070, §§1, 3; current section added by Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 1 - Short Title, Construction, Application and Subject Matter of the Title. › Section 7-1-103 - Construction of Uniform Commercial Code to Promote Its Purposes and Policies; Applicability of Supplemental Principles of Law.

Section 7-1-103
Construction of Uniform Commercial Code to promote its purposes and policies; applicability of supplemental principles of law.
(a) This title must be liberally construed and applied to promote its underlying purposes and policies, which are:
(1) To simplify, clarify, and modernize the law governing commercial transactions;
(2) To permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and
(3) To make uniform the law among the various jurisdictions.
(b) Unless displaced by the particular provisions of this title, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions.
(Prior version of this section added by Acts 1965, No. 549, p. 811; repealed by Act 2004-524, p. 1070, §§1, 3; current section added by Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 1 - Short Title, Construction, Application and Subject Matter of the Title. › Section 7-1-104 - Construction Against Implied Repeal.

Section 7-1-104
Construction against implied repeal.
This title being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
(Prior version of this section added by Acts 1965, No. 549, p. 811; repealed by Act 2004-524, p. 1070, §§1, 3; current section added by Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 1 - Short Title, Construction, Application and Subject Matter of the Title. › Section 7-1-105 - Severability.

Section 7-1-105
Severability.
If any provision or clause of this title or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable.
(Prior version of this section added by Acts 1965, No. 549, p. 811; amended by Acts 1981, No. 81-312, p. 399; Acts 1992, 2nd Ex. Sess., No. 92-700, §601; Acts 1992, 2nd Ex. Sess., No. 92-701, p. 145, §2; Acts 1996, No. 96-742, p. 1241, §4; Acts 1997, No. 97-702, p. 1427, §2; Act 2001-481, p. 647, §2; repealed by Act 2004-524, p. 1070, §§1, 3; current section added by Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 1 - Short Title, Construction, Application and Subject Matter of the Title. › Section 7-1-106 - Use of Singular and Plural; Gender.

Section 7-1-106
Use of singular and plural; gender.
In this title, unless the statutory context otherwise requires:
(1) Words in the singular number include the plural, and those in the plural include the singular; and
(2) Words of any gender also refer to any other gender.
(Prior version of this section added by Acts 1965, No. 549, p. 811; repealed by Act 2004-524, p. 1070, §§1, 3; current section added by Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 1 - Short Title, Construction, Application and Subject Matter of the Title. › Section 7-1-107 - Section Captions.

Section 7-1-107
Section captions.
Section captions are part of this title.
(Prior version of this section added by Acts 1965, No. 549, p. 811; repealed by Act 2004-524, p. 1070, §§1, 3; current section added by Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 1 - Short Title, Construction, Application and Subject Matter of the Title. › Section 7-1-108 - Relation to Electronic Signatures in Global and National Commerce Act.

Section 7-1-108
Relation to electronic signatures in global and national commerce act.
This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., except that nothing in this article modifies, limits, or supersedes Section 7001(c) of that act or authorizes electronic delivery of any of the notices described in Section 7003(b) of that act.
(Prior version of this section added by Acts 1965, No. 549, p. 811; repealed by Act 2004-524, p. 1070, §§1, 3; current section added by Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 1 - Short Title, Construction, Application and Subject Matter of the Title. › Section 7-1-109 - Section Captions.

Section 7-1-109
Section captions.
Repealed by Act 2004-524, p. 1070, effective January 1, 2005.
(Acts 1965, No. 549, p. 811.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 2 - General Definitions and Principles of Interpretation. › Section 7-1-202 - Notice; Knowledge.

Section 7-1-202
Notice; knowledge.
(a) Subject to subsection (f), a person has "notice" of a fact if the person:
(1) Has actual knowledge of it;
(2) Has received a notice or notification of it; or
(3) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists.
(b) "Knowledge" means actual knowledge. "Knows" has a corresponding meaning.
(c) "Discover," "learn," or words of similar import refer to knowledge rather than to reason to know.
(d) A person "notifies" or "gives" a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it.
(e) Subject to subsection (f), a person "receives" a notice or notification when:
(1) It comes to that person's attention; or
(2) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.
(f) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.
(Prior version of this section added by Acts 1965, No. 549, p. 811; repealed by Act 2004-524, p. 1070, §§1, 3; current section added by Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 2 - General Definitions and Principles of Interpretation. › Section 7-1-204 - Value.

Section 7-1-204
Value.
Except as otherwise provided in Articles 3, 4, and 5, a person gives value for rights if the person acquires them:
(1) In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection;
(2) As security for, or in total or partial satisfaction of, a preexisting claim;
(3) By accepting delivery under a preexisting contract for purchase; or
(4) In return for any consideration sufficient to support a simple contract.
(Prior version of this section added by Acts 1965, No. 549, p. 811; repealed by Act 2004-524, p. 1070, §§1, 3; current section added by Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 2 - General Definitions and Principles of Interpretation. › Section 7-1-205 - Reasonable Time; Seasonableness.

Section 7-1-205
Reasonable time; seasonableness.
(a) Whether a time for taking an action required by this title is reasonable depends on the nature, purpose, and circumstances of the action.
(b) An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time.
(Prior version of this section added by Acts 1965, No. 549, p. 811; repealed by Act 2004-524, p. 1070, §§1, 3; current section added by Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 2 - General Definitions and Principles of Interpretation. › Section 7-1-206 - Presumptions.

Section 7-1-206
Presumptions.
Whenever this title creates a "presumption" with respect to a fact, or provides that a fact is "presumed," the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence.
(Prior version of this section added by Acts 1965, No. 549, p. 811; amended by Acts 1996, No. 96-742, p. 1241, §4; Act 2001-481, p. 647, §2; repealed by Act 2004-524, p. 1070, §§1, 3; current section added by Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 2 - General Definitions and Principles of Interpretation. › Section 7-1-207 - Performance or Acceptance Under Reservation of Rights.

Section 7-1-207
Performance or acceptance under reservation of rights.
Repealed Act 2004-524, p. 1070, §1, effective January 1, 2005.
(Acts 1965, No. 549, p. 811; Acts 1995, No. 95-668, p. 1381, §4.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 2 - General Definitions and Principles of Interpretation. › Section 7-1-208 - Option to Accelerate at Will.

Section 7-1-208
Option to accelerate at will.
Repealed Act 2004-524, p. 1070, §1, effective January 1, 2005.
(Acts 1965, No. 549, p. 811.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-301 - Territorial Applicability; Parties' Power to Choose Applicable Law.

Section 7-1-301
Territorial applicability; parties' power to choose applicable law.
(a) Except as otherwise provided in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties.
(b) In the absence of an agreement effective under subsection (a), and except as provided in subsection (c), this title applies to transactions bearing an appropriate relation to this state.
(c) If one of the following provisions of this title specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law so specified:
(1) Section 7-2-402;
(2) Sections 7-2A-105 and 7-2A-106;
(3) Section 7-4-102;
(4) Section 7-4A-507;
(5) Section 7-5-116;
(6) Section 7-8-110;
(7) Sections 7-9A-301 through 7-9A-307.
(Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-302 - Variation by Agreement.

Section 7-1-302
Variation by agreement.
(a) Except as otherwise provided in subsection (b) or elsewhere in this title, the effect of provisions of this title may be varied by agreement.
(b) The obligations of good faith, diligence, reasonableness, and care prescribed by this title may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever this title requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.
(c) The presence in certain provisions of this title of the phrase "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section.
(Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-303 - Course of Performance, Course of Dealing, and Usage of Trade.

Section 7-1-303
Course of performance, course of dealing, and usage of trade.
(a) A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if:
(1) The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and
(2) The other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection.
(b) A "course of dealing" is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.
(c) A "usage of trade" is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage must be proved as facts. If it is established that such a usage is embodied in a trade code or similar record, the interpretation of the record is a question of law.
(d) A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware is relevant in ascertaining the meaning of the parties' agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement. A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance.
(e) Except as otherwise provided in subsection (f), the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade must be construed whenever reasonable as consistent with each other. If such a construction is unreasonable:
(1) Express terms prevail over course of performance, course of dealing, and usage of trade;
(2) Course of performance prevails over course of dealing and usage of trade; and
(3) Course of dealing prevails over usage of trade.
(f) Subject to Section 7-2-209, a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance.
(g) Evidence of a relevant usage of trade offered by one party is not admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party.
(Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-304 - Obligation of Good Faith.

Section 7-1-304
Obligation of good faith.
Every contract or duty within this title imposes an obligation of good faith in its performance and enforcement.
(Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-305 - Remedies to Be Liberally Administered.

Section 7-1-305
Remedies to be liberally administered.
(a) The remedies provided by this title must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically provided in this title or by other rule of law.
(b) Any right or obligation declared by this title is enforceable by action unless the provision declaring it specifies a different and limited effect.
(Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-306 - Waiver or Renunciation of Claim or Right After Breach.

Section 7-1-306
Waiver or renunciation of claim or right after breach.
A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record.
(Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-307 - Prima Facie Evidence by Third-Party Documents.

Section 7-1-307
Prima facie evidence by third-party documents.
A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.
(Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-308 - Performance or Acceptance Under Reservation of Rights.

Section 7-1-308
Performance or acceptance under reservation of rights.
(a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest," or the like are sufficient.
(b) Subsection (a) does not apply to an accord and satisfaction.
(Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-309 - Option to Accelerate at Will.

Section 7-1-309
Option to accelerate at will.
A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when the party "deems itself insecure," or words of similar import, means that the party has power to do so only if that party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against which the power has been exercised.
(Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-310 - Subordinated Obligations.

Section 7-1-310
Subordinated obligations.
An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated or another creditor of the person obligated. Subordination does not create a security interest as against either the common debtor or a subordinated creditor.
(Act 2004-524, p. 1070, §1.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 1 - Short Title, General Construction, and Subject Matter. › Section 7-2-102 - Scope; Certain Security and Other Transactions Excluded From This Article.

Section 7-2-102
Scope; certain security and other transactions excluded from this article.
Unless the context otherwise requires, this article applies to transactions in goods; it does not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate only as a security transaction nor does this article impair or repeal any statute regulating sales to consumers, farmers or other specified classes of buyers.
(Acts 1965, No. 549, p. 811.)
2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 1 - Short Title, General Construction, and Subject Matter. › Section 7-2-103 - Definitions and Index of Definitions.

Section 7-2-103
Definitions and index of definitions.
(1) In this article unless the context otherwise requires:
(a) "Buyer" means a person who buys or contracts to buy goods.
(b) "Good faith" in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.
(c) "Receipt" of goods means taking physical possession of them.
(d) "Seller" means a person who sells or contracts to sell goods.
(2) Other definitions applying to this article or to specified parts thereof and the sections in which they appear are:
"Acceptance." Section 7-2-606.
"Banker's credit." Section 7-2-325.
"Between merchants." Section 7-2-104.
"Cancellation." Section 7-2-106 (4).
"Commercial unit." Section 7-2-105.
"Confirmed credit." Section 7-2-325.
"Conforming to contract." Section 7-2-106.
"Contract for sale." Section 7-2-106.
"Cover." Section 7-2-712.
"Entrusting." Section 7-2-403.
"Financing agency." Section 7-2-104.
"Future goods." Section 7-2-105.
"Goods." Section 7-2-105.
"Identification." Section 7-2-501.
"Installment contract." Section 7-2-612.
"Letter of credit." Section 7-2-325.
"Lot." Section 7-2-105.
"Merchant." Section 7-2-104.
"Overseas." Section 7-2-323.
"Person in position of seller." Section 7-2-707.
"Present sale." Section 7-2-106.
"Sale." Section 7-2-106.
"Sale on approval." Section 7-2-326.
"Sale or return." Section 7-2-326.
"Termination." Section 7-2-106.
(3) "Control" as provided in Section 7-7-106, and the following definitions in other articles apply to this article:
"Check." Section 7-3-104.
"Consignee." Section 7-7-102.
"Consignor." Section 7-7-102.
"Consumer goods." Section 7-9A-102.
"Dishonor." Section 7-3-502.
"Draft." Section 7-3-104.
(4) In addition Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
(Acts 1965, No. 549, p. 811; Acts 1995, No. 95-668, p. 1381, §4; Act 2001-481, p. 647, §2; Act 2004-315, p. 464, §2.)