reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-3-1 - PROCEDURES FOR THE ADMINISTRATIVE DISSOLUTION OF CERTAIN CORPORATIONS › Section 820-3-1-.02 - Service Of Notices And Certificates Of Dissolution

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Delinquent Corporations.
(a) The notice of grounds for dissolution
			 required by Section 10-2B-14.21(a),
Code of Ala. 1975
,
			 shall be sent first class mail to the most recent address of the delinquent
			 corporation's registered agent on file in the Secretary of State's Office.
			 Alternatively, the Secretary of State adopts per agency agreement with the
			 Alabama Department of Revenue the delinquency notice provided by the Alabama
			 Department of Revenue as the Secretary of State's notice of finding that
			 grounds for dissolution exist. Should no registered agent address appear on the
			 records of the Secretary of State for the delinquent corporation's principal
			 place of business or other available address reasonably intended to reach the
			 delinquent corporation. If no address related to the delinquent corporation
			 appears on the records of the Secretary of State, the Office of the Secretary
			 of State shall publish the notice of grounds of dissolution on it's internet
			 site. The Secretary of State's Corporations Division shall maintain a log
			 showing the delinquent corporation's name, the full address to which notice was
			 mailed and the date of the mailing or posting to the Secretary of State's
			 internet site. The notice will be deemed perfected ten (10) days from the
			 mailing date or 60 days from the date of publication to the internet as set
			 forth in the log.
(b) The
			 certificate of dissolution required by Section 10-2B-14.21(b),
Code
			 of Ala. 1975
, shall be mailed by certified mail return receipt
			 requested to the delinquent corporation's registered agent or, should no
			 current registered agent address appear on the records of the Secretary of
			 State, to the address on the records of the Secretary of State reasonably
			 likely to reach the delinquent corporation. Should no such address appear on
			 the records of the Secretary of State, or should the certificate of dissolution
			 be returned to the Secretary of State as undeliverable, the Secretary of State
			 shall publish the name of the delinquent corporation and the date of the
			 publication on it's internet site in a listing of dissolved corporations. A
			 delinquent corporation shall be deemed dissolved from it's publication on the
			 Secretary of State's internet listing of dissolved corporations whichever is
			 earlier.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-4-2 - FARM PRODUCTS › Section 820-4-2-.01 - Adoption By Reference

Current through Register Vol. 42, No. 9, June 28, 2024
Terms used in this Chapter shall mean the same, except as
				otherwise specified in this Chapter, as they are defined in Section 1324 of the
				Food Security Act of 1985, P.L. 99-198. Copies of this document can be obtained
				without charge from the Office of the Secretary of State, U.C.C. Division, Room
				200, 11 South Union Street, Montgomery, Alabama 36130.
Authors:
Valeria Harman, Charles E. Grainger,
				Jr.
Formerly Rule 820-X-2-.01, as per certification filed
				  January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §§
										7-9-307,
				  7-9-407.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-4-2 - FARM PRODUCTS › Section 820-4-2-.02 - Glossary Of Terms

Current through Register Vol. 42, No. 9, June 28, 2024
The following words or phrases, whenever they appear in these
				regulations, unless the context clearly indicates otherwise, shall have the
				meaning ascribed to them as follows:
(1) "System Operator." The system operator
			 for the Central Filing System is the Alabama Secretary of State. All filings of
			 any effective financing statements, amendments thereto or continuation thereof,
			 are filed with the Secretary of State.
(2) "Central Filing System." Central filing
			 system means a system certified by the Secretary of the United States
			 Department of Agriculture for filing effective financing statements or notice
			 of such financing statement in Alabama on a statewide basis.
(3) "Effective Financing Statement."
			 Effective financing statement means a statement that is an original or
			 reproduced copy thereof; signed and filed with the Secretary of State by the
			 secured party; signed by the debtor; contains the name and address of the
			 secured party; the name and address of the person indebted to the secured
			 party; the Social Security or Internal Revenue Service tax identification
			 number of such debtor; and description of the farm products subject to the
			 security interest to include county where collateral is produced and amount of
			 such product where applicable.
(4)
			 "E.F.S." "E.F.S." means effective financing statement.
(5) "System." System means central filing
			 system.
(6) "Registrant."
			 Registrant means any buyer of farm products, selling agent, or commission
			 merchant registered with the system.
(7) "Master List." Master list means the
			 accumulation of data in paper, electronic, or other form, organized according
			 to farm products; and arranged within such product alphabetically, numerically
			 by Social Security or Internal Revenue Service tax identification number,
			 geographically by county, and crop year.
(8) "Secretary." Secretary means the Alabama
			 Secretary of State.
(9) "Portion."
			 Portion means portion of the master list distributed to registrants regularly
			 that covers the farm products in which such registrant has registered an
			 interest.
(10) "Debtor." Debtor
			 means the person who owns a product and subjects it to a security interest,
			 whether or not that person owes a debt to the secured party.
Authors:
Valeria Harman, Charles E. Grainger,
				Jr.
Formerly Rule 820-X-2-.02, as per certification filed
				  January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §§
										7-9-307,
				  7-9-407.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-4-2 - FARM PRODUCTS › Section 820-4-2-.03 - Effective Financing Statements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) "Non-Alabama Products." Products not
			 produced in Alabama cannot be registered in the Central Filing
			 System.
(2) "Approved Forms." The
			 U.C.C.-lF form is designated as the official form to be used as an effective
			 financing statement. The U.C.C.-3F form is designed as the official form to be
			 used for amendments to or continuation of effective financing statements. The
			 Alabama Secretary of State will accept effective financing statements if they
			 are not filed on an approved form U.C.C.-lF but meet the requirements of
			 820-4-2-.03(3). An additional fee of $5.00 per filing is charged if a
			 nonapproved form is used.
(3)
			 Required Information For U.C.C.-1F. The following will be required on the
			 U.C.C.-1F form:
(a) Name and address of the
			 debtor or debtors (or other person subjecting the farm product to security
			 interest). In the case of a natural person, the surname must appear first; in
			 the case of a corporation or other entity not a natural person, the name must
			 appear beginning with the first word which is not an article.
(b) Social Security or Internal Revenue
			 Service taxpayer identification number of the debtor(s).
(c) Name and address of the secured
			 party(ies).
(d) Crop year unless
			 every crop of the farm product in question, for the duration of the effective
			 financing statement, is to be subject to the particular security
			 interest.
(e) Farm product name and
			 code as published by the Secretary of State.
(f) Each county code number in the state
			 where the farm product is produced and each other county in the state, where
			 the same product is located or is foreseen to be located in the
			 future.
(g) Signature of all
			 debtors and secured parties.
(h)
			 Further details of the farm product subject to the security interest if needed
			 to distinguish it from other such product owned by the same person but not
			 subject to the particular security interest.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-4-2 - FARM PRODUCTS › Section 820-4-2-.04 - Duties Of The Secretary Of State

Current through Register Vol. 42, No. 9, June 28, 2024
(1) "Filing Of Effective Financing
			 Statements." Presentation for filing of an effective financing statement
			 (UCCN-lF), amendment thereto, or continuation thereof; tender of the filing
			 fee; and acceptance of the statement by the Secretary of State constitutes
			 filing. The Secretary of State shall mark each effective financing statement
			 with a file number and with the date and hour of filing and shall hold the
			 statement or a copy thereof for public inspection.
(2) Acknowledgment Of Filing. If the person
			 filing an effective financing statement, amendment thereto, or continuation
			 thereof, furnishes the Secretary of State a copy thereof, the Secretary of
			 State shall note upon the copy the file number and date and hour of the filing
			 and send the copy by first class mail to such person.
(3) "Master List Preparation." The Secretary
			 of State shall index effective financing statements in a manner which will
			 comply with the farm products master list requirements and will distribute the
			 list and portions thereof as detailed in Rule
			 820-4-2-.05.
Authors:
Valeria Harman, Charles E. Grainger,
				Jr.
Formerly Rules 820-X-4-.01 through 820-X-4-.03, as per
				  certification filed January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §§
										7-9-307,
				  7-9-407.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-4-2 - FARM PRODUCTS › Section 820-4-2-.05 - Registration And Master Lists

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 "Annual Registration." Buyers, commission merchants and selling agents may
			 register with the Secretary of State for an annual period by submitting a
			 registration form and tendering a fee as set by the Alabama Code. The Secretary
			 of State may prorate the registration fees for purposes of matching revenues
			 and expenditures in the same fiscal year.
(2) "Registration Form." The Secretary of
			 State designates form U.C.C.-20 as the official form to be used in registering
			 for a master list or portion thereof. Registrants are not required to use the
			 U.C.C.-20 form, but must meet the requirements as listed in paragraph (c) of
			 this rule.
(3) Requirements of Form
			 U. C. C.-20. A registration form must include the following information:
(a) The name and address of the buyer,
			 commission merchant, or selling agent. Any address changes shall be reported
			 immediately to the Secretary of State.
(b) Farm product or products in which
			 registrant is interested.
(c)
			 County or certain counties in which the registrant is interested in such
			 product or products listed in response to (2) above. A registrant, if not
			 registered for any specified county or counties, shall be deemed to have
			 registered for all counties.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-4-2 - FARM PRODUCTS › Section 820-4-2-.06 - Transitional Provision

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 "Previous Filings." Security interests created between January 1, 2002 and July
			 31, 2002 or existing prior to the original effective date of these rules can be
			 filed in the system and reflected in the master list if documents are in
			 existence or are created which meet the requirements of Rule
			 820-4-2-.03 and such documents are filed by the Secretary of State.
(2) "Initial Master List." The Secretary of
			 State will mail the first master list and portions thereof within five working
			 days of December 1, 1987.
Authors:
Valeria Harman, Charles E. Grainger,
				Jr.
Formerly Rules 820-X-6-.01 through 820-X-6-.02, as per
				  certification filed January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §§
										7-9-307,
				  7-9-407.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-4-2 - FARM PRODUCTS › Section 820-4-2-.07 - Miscellaneous

Current through Register Vol. 42, No. 9, June 28, 2024
(1) "Existence Of
			 Debt." A debt need not exist at the time of filing of an effective financing
			 statement.
(2) "Incorporation By
			 Reference." The Secretary of State incorporates by reference, as the federal
			 law generates this central filing system, in its entirety  9 CFR Part 205
			  entitled "Protection for Purchasers of Farm Products," which is developed by
			 the Secretary of Agriculture to fulfill the Secretary's responsibility under
			 Section 1324 of the Food Security Act of 1985, PL 99-198. Copies of this
			 document may be obtained without charge from the Secretary of State's Office,
			 Business Services Division, Room 119, Alabama State House, 11 South Union
			 Street, Montgomery, Alabama 36130.
(3) "Failure To Register." Not registering
			 with the Secretary of State has the effect of making such persons, whether they
			 are inside or outside the State of Alabama covered by this system, subject to
			 security interests shown on the system's master list, whether or not such
			 persons know about them, so that such persons for their own protection will
			 need to query the system operator about any seller with whom they deal and who
			 is engaged in farming operations relating to the production of a farm product
			 in the State of Alabama and covered by the system.
(4) "Certified Copies." Requests for
			 certified copies of effective financing statements must be received in a manner
			 consistent with
Code of Ala. 1975
, §
								7-9A-523,
			 and be accompanied by a fee of 5.00 for the certification and $1.00 per page
			 for the copies as provided in
Code of Ala. 1975
, §
								36-14-3.
(a) In keeping with established practice, all
			 electronic farm product transactions will be charged an access fee of $9.75 per
			 transaction in addition to any applicable contract provider convenience
			 fee.
(b) Said fees shall be in
			 addition to any statutory filing, information request, and copy fees set forth
			 in
Code of Ala. 1975
, Section
			 7-9A-525.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-4-3 - PROCEDURES FOR REVISED ARTICLE 9 OF THE UNIFORM COMMERCIAL CODE › Section 820-4-3-.01 - General Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Definitions.
(a) "Amendment" means a UCC
			 record that amends the information contained in a financing statement.
			 Amendments include assignments, continuations and terminations.
(b) "Assignment" is an amendment that assigns
			 all or a part of a secured party's power to authorize an amendment to a
			 financing statement.
(c)
			 "Correction statement" means a UCC record that indicates a financing statement
			 is inaccurate or wrongfully filed.
(d) "Individual" means a human being, or a
			 decedent in the case of a debtor that is such decedent's estate.
(e) "Initial financing statement" means a UCC
			 record containing the information required to be in an initial financing
			 statement and that causes the filing office to establish the initial record of
			 existence of a financing statement.
(f) "Notice of Correction" means a statement
			 of correction entered into the filing office's information system to correct an
			 error by the filing office.
(g)
			 "Organization" means a legal person who is not an individual.
(h) "Remitter" means a person who tenders a
			 UCC record to the filing officer for filing, whether the person is a filer or
			 an agent of a filer responsible for tendering the record for filing. "Remitter"
			 does not include a person responsible merely for the delivery of the record to
			 the filing office, such as the postal service or a courier service but does
			 include a service provider who acts as a filer's representative in the filing
			 process.
(i) "UCC" means the
			 Uniform Commercial Code as adopted in this state as set forth in Title 7 of the
Code of Ala. 1975
, and in effect from time to
			 time.
(j) "UCC record" means an
			 initial financing statement, an amendment, an assignment, a continuation, a
			 termination or a correction statement and shall not be deemed to refer
			 exclusively to paper or paper-based writings.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-4-3 - PROCEDURES FOR REVISED ARTICLE 9 OF THE UNIFORM COMMERCIAL CODE › Section 820-4-3-.02 - Acceptance And Refusal Of Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Role of the filing officer. The duties
			 and responsibilities of the filing officer with respect to the administration
			 of the UCC are ministerial. In accepting for filing or refusing to file a UCC
			 record pursuant to these rules, the filing officer does none of the following:
(a) Determine the legal sufficiency or
			 insufficiency of a document.
(b)
			 Determine that a security interest in collateral exists or does not
			 exist.
(c) Determine that
			 information in the document is correct or incorrect, in whole or in
			 part.
(d) Create a presumption that
			 information in the document is correct or incorrect, in whole or in
			 part.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-4-3 - PROCEDURES FOR REVISED ARTICLE 9 OF THE UNIFORM COMMERCIAL CODE › Section 820-4-3-.03 - U.C.C. Information Management System

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The filing office shall act on any UCC
			 record filed with the filing office by adding information obtained from the UCC
			 record to the information system. The filing office shall not act on any UCC
			 record by deleting any information from the information system. An amendment
			 shall have no effect upon the status of the financing statement or parties,
			 except that a continuation may extend the period of effectiveness of a
			 financing statement.
(2) The filing
			 office may remove the UCC record and delete the names under which it was
			 indexed one year after lapse.
(3) A
			 financing statement filed against a transmitting utility shall lapse when
			 terminated by the last secured party of record.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala.
				  1975
, §
										7-9A-526.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-4-3 - PROCEDURES FOR REVISED ARTICLE 9 OF THE UNIFORM COMMERCIAL CODE › Section 820-4-3-.04 - XML Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) IACA
			 standard adopted. The XML Format, as adopted by the International Association
			 of Corporation Administrators is adopted in this state for electronic
			 transmission of UCC records. At the request of an authorized XML remitter, the
			 filing officer shall identify which versions and releases of the XML Format are
			 acceptable to the filing office.
(2) Implementation Guide. The filing office
			 publishes an implementation guide that prescribes the use of the XML Format.
			 The guide shall be available to the public upon request.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala.
				  1975
, §
										7-9A-526.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-4-3 - PROCEDURES FOR REVISED ARTICLE 9 OF THE UNIFORM COMMERCIAL CODE › Section 820-4-3-.05 - Direct On-line (Non-XML) Data Entry Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Definitions. (Reserved).
(2) Record filing procedures.
			 (Reserved).
(3) Search request
			 procedures. (Reserved).
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala.
				  1975
, §
										7-9A-526.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-4-3 - PROCEDURES FOR REVISED ARTICLE 9 OF THE UNIFORM COMMERCIAL CODE › Section 820-4-3-.06 - Filing And Data Entry Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Errors of the filing officer. The filing
			 office may correct the errors of filing officer personnel in the UCC
			 information management system at any time. If the correction occurs after the
			 filing officer has issued a certification date, the filing officer shall file a
			 notice of correction in the UCC information management system identifying the
			 record to which it relates, the date of the correction, and explaining the
			 nature of the corrective action taken. The record shall be preserved as long as
			 the record of the initial financing statement is preserved in the UCC
			 information management system.
(2)
			 Data entry of names - designated fields. A filing should designate whether a
			 name is a name of an individual or an organization. If the name is that of an
			 individual, the first, middle and last names and any suffix shall be given.
(a) Organization names. Organization names
			 are entered into the UCC information management system exactly as set forth in
			 the UCC record, even if it appears that multiple names are set forth in the
			 record or if it appears that the name of an individual has been included in the
			 field designated for an organization name.
(b) Individual names. On a form that
			 designates separate fields for first, middle, and last names and any suffix,
			 the filing officer enters the names into the first, middle, and last name and
			 suffix fields in the UCC information management system exactly as set forth on
			 the form.
(c) Designated fields
			 encouraged. The filing office encourages the use of forms that designate
			 separate fields for individual and organization names and separate fields for
			 first, middle, and last names and any suffix. Such forms diminish the
			 possibility of filing office error and help assure that filers' expectations
			 are met. However, filers should be aware that the inclusion of names in an
			 incorrect field or failures to transmit names accurately to the filing office
			 may cause filings to be ineffective. All records submitted through direct data
			 entry or through EDI will be required to use designated name fields.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-4-3 - PROCEDURES FOR REVISED ARTICLE 9 OF THE UNIFORM COMMERCIAL CODE › Section 820-4-3-.07 - Search Requests And Reports

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General requirements. The filing officer
			 maintains for public inspection a searchable index for all UCC records. The
			 index shall provide for the retrieval of a record by the name of the debtor and
			 by the file number of the initial financing statement and each filed UCC record
			 relating to the initial financing statement.
(2) Search requests. Search requests shall
			 contain the following information.
(a) Name
			 searched. A search request should set forth the correct name of the debtor to
			 be searched and must specify whether the debtor is an individual or an
			 organization. A search request will be processed using the name in the exact
			 form it is submitted.
(b)
			 Requesting party. The name and address of the person to whom the search report
			 is to be sent.
(c) Fee. The
			 appropriate fee shall be enclosed, payable by a method described in Rule
			 820-4-3-.01(11).
(d) Search request with filing. If a filer
			 requests a search at the time a UCC record is filed, the name to be searched
			 will be the debtor name as set forth on the form. The requesting party shall be
			 the remitter of the UCC record, and the search request shall be deemed to
			 request a search that would retrieve all financing statements filed on or prior
			 to the date the UCC record is filed.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-5-1 - PROCEDURES FOR IMPLEMENTING THE ALABAMA HOMEOWNERS' ASSOCIATION ACT › Section 820-5-1-.01 - Applicabi1ity

Current through Register Vol. 42, No. 9, June 28, 2024
These rules shall apply to homeowners' associations recorded in
				the office of the judge of probate on or after January 1, 2016, and any
				homeowners' association formed prior to that time if the association, by a
				majority of its members, elects to be governed by the Alabama Homeowners'
				Association Act, codified at
Code of Ala. 1975
,
				sections
				35-20-1 et
				seq. (hereinafter "the Act").
Formerly Rule 820-X-9-.01, as per certification filed January
				  10, 2001; effective February 14, 2000.
Authors:
Jean Brown, R. Joel Laird, Jr.
Statutory Authority:
Code of Ala
				  1975
, §
										35-20-5(b)(4).
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-5-1 - PROCEDURES FOR IMPLEMENTING THE ALABAMA HOMEOWNERS' ASSOCIATION ACT › Section 820-5-1-.02 - Organization

Current through Register Vol. 42, No. 9, June 28, 2024
On or after January 1, 2016, a homeowners' association created
				pursuant to a declaration as that term is defined in
Code of Ala.
				1975
, Section
				35-20-2(5),
				shall be organized as a nonprofit corporation pursuant to Chapter 3 of Title
				10A, and shall be governed in all respects as a nonprofit
				corporation.
Formerly Rule 820-X-9-.03, as per certification filed January
				  10, 2001; effective February 14, 2000.
Authors:
Jean Brown, R. Joel Laird, Jr.
Statutory Authority:
Code of Ala
				  1975
, §
										35-20-5(b)(4).
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-5-1 - PROCEDURES FOR IMPLEMENTING THE ALABAMA HOMEOWNERS' ASSOCIATION ACT › Section 820-5-1-.03 - Filing Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
In addition or supplemental to any other filing required in
				Chapter 3 of Title 10A, all homeowners' associations governed by these rules
				shall file the documents required by
Code of Ala.
				1975
, Section
				35-20-5(b)(2).
Authors:
Jean Brown, R. Joel Laird, Jr.
Statutory Authority:
Code of Ala
				  1975
, §
										35-20-5(b)(4).
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-5-1 - PROCEDURES FOR IMPLEMENTING THE ALABAMA HOMEOWNERS' ASSOCIATION ACT › Section 820-5-1-.04 - Amended Or Restated Formation Documents

Current through Register Vol. 42, No. 9, June 28, 2024
If, pursuant to
Code of Ala. 1975
,
				Section
				35-20-3,
				a homeowners' association formed prior to January 1, 2016, elects by a majority
				of its members to be governed by the Act, the association shall file amended
				and restated formation documents.
Authors:
Jean Brown, R. Joel Laird, Jr.
Statutory Authority:
Code of Ala
				  1975
, §
										35-20-5(b)(4).
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-5-1 - PROCEDURES FOR IMPLEMENTING THE ALABAMA HOMEOWNERS' ASSOCIATION ACT › Section 820-5-1-.05 - Required Forms For Domestic And Foreign Homeowners' Associations

Current through Register Vol. 42, No. 9, June 28, 2024
The Office of the Secretary of State will provide on its
				website tillable forms that shall be used for both domestic and foreign
				homeowners' associations. The use of said forms shall be mandatory to ensure
				proper coding of the entity type.
Authors:
Jean Brown, R. Joel Laird, Jr.
Statutory Authority:
Code of Ala
				  1975
, §
										35-20-5(b)(4).
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-5-1 - PROCEDURES FOR IMPLEMENTING THE ALABAMA HOMEOWNERS' ASSOCIATION ACT › Section 820-5-1-.06 - Filing Fees

Current through Register Vol. 42, No. 9, June 28, 2024
The filing fees for documents relating to a homeowners'
				association governed by the Act shall be as follows:
(a) The fees for filing all documents defined
			 in
Code of Ala 1975
, Section
			 10A-1-4.31 relating to a homeowners' association shall be the fees listed in that statute
			 and shall be allocated in accordance with the provisions of Section
			 10A-1-4.31.
(b) The fee for any additional or
			 supplemental filing required pursuant to
Code of Ala
			 1975
, Section
			 35-20-5(b)(2) shall be $50.00. This fee shall be placed in a separate fund within the
			 Secretary of State's Office and the funds shall be used to administer the
			 Secretary of State's duties under the Act.
(c) Any and all filing fees paid to a county,
			 whether authorized by a general law, local law, or any other statutory
			 authority, shall not be affected by this rule.
Authors:
Jean Brown, R. Joel Laird, Jr.
Statutory Authority:
Code of Ala
				  1975
, §
										35-20-5(b)(4).
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-6-1 - CERTIFICATION › Section 820-6-1-.01 - Application

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Alabama
			 Civil-Law Notaries appointed pursuant to this rule may continue to use the
			 title "Alabama International Notary" wherever that title is used or required to
			 be used under this rule. Persons wishing to be appointed by the Secretary of
			 State as Alabama Civil-Law Notaries may request an application by writing to
			 the following address and requesting a Form ACLN-1 "Application for Appointment
			 as an Alabama Civil-Law Notary" which form is appended to this Division. All
			 other forms discussed in this rule may be obtained by writing the same address:
Office of the Secretary of State
Legal Division
P.O. Box 5616
Montgomery, AL 36103
(2) The application to become an Alabama
			 Civil-Law Notary must be complete and on the Form ACLN-1 prescribed by the
			 Secretary of State as set forth in the Appendix to this Division. The
			 application must be accompanied by:
(a) A
			 certificate of good standing from the Supreme Court of Alabama issued within 90
			 days of the date of application showing that the applicant is currently a
			 member of the Alabama Bar and has been a member of the Alabama Bar for at least
			 five years.
(b) An application
			 processing fee in the amount of one hundred dollars.
Author:
Charles E. Grainger, Jr.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-6-1 - CERTIFICATION › Section 820-6-1-.03 - Discipline; Suspension And Revocation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An Alabama Civil-law Notary shall be
			 disciplined for conduct involving misrepresentation or fraud in the creation or
			 execution of an authentication instrument. All complaints to the Office of the
			 Secretary of State concerning the conduct or acts of an Alabama Civil-law
			 Notary will also be referred to the Alabama Bar for a determination by the Bar
			 as to whether the complaint alleges a violation of the rules of the Alabama Bar
			 governing the conduct and discipline of lawyers.
(2) All complaints to the Office of the
			 Secretary of State concerning the conduct or acts of an Alabama Civil-law
			 Notary which on their face appear to establish facts which if proven true would
			 constitute an act of misrepresentation or fraud in the creation or execution of
			 an authentication instrument will be investigated by the Office of the
			 Secretary of State to determine whether cause exists to suspend the Alabama
			 Civil-law Notary's appointment or reprimand the Alabama Civil-law
			 Notary.
(3) After investigation and
			 upon a determination by the Secretary of State that one or more acts of
			 misrepresentation or fraud in the creation or execution of an authentication
			 instrument has been committed by an Alabama Civil-law Notary, the Secretary of
			 State shall, after considering the extent of the fraud or misrepresentation
			 including the number of persons involved and the effect on those persons; the
			 number of acts of misrepresentation or fraud; any financial loss or other
			 injury that may have resulted; and the degree of culpability of the Alabama
			 Civil-law Notary; order one or more of the following courses of action:
(a) Issue a letter of warning to the Alabama
			 Civil-law Notary including the Office of the Secretary of State's
			 findings;
(b) Order compliance with
			 these rules;
(c) Order
			 restitution;
(d) Order suspension
			 of the appointment of the Alabama Civil-law Notary;
(e) Order revocation of the appointment of
			 the Alabama Civil-law Notary;
(f)
			 Refer the allegations to the Office of the Attorney General for criminal
			 investigation; and/or
(g) Refer the
			 allegations to the Alabama Bar for disciplinary proceedings.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-6-2 - AUTHORIZED TRAINING AND EXAMINATION › Section 820-6-2-.01 - Educational Programs

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Persons or entities who wish to submit a proposed civil-law notary curriculum
			 or course of study to the Office of the Secretary of State for consideration as
			 to its acceptability by the Secretary of State may do so. Any such curriculum
			 or course of study submitted for the Secretary of State's approval should
			 incorporate all of the following elements:
(a) The nature and characteristics of
			 notarial practice in civil-law jurisdictions including a review of the
			 historical development of civil-law notarial practice;
(b) A comparison of notarial functions and
			 the nature and characteristics of common-law notarial practice under Alabama
			 law and civil-law notarial functions and practices pursuant to these rules and
			 their supporting statutes;
(c) The
			 similarities and differences between practicing as an Alabama Civil-law Notary
			 and the traditional practice of law in the State of Alabama;
(d) The purposes of and uses for authentic
			 acts, and the rules regulating the execution of authentic acts, administration
			 of oaths, and taking of acknowledgments by Alabama Civil-law
			 Notaries;
(e) Solemnization of
			 marriage by an Alabama Civil-law Notary;
(f) Alabama laws relevant to practice as an
			 Alabama Civil-law Notary;
(g) Rules
			 regulating the Alabama Bar including the Rules of Lawyer Discipline and the
			 Rules of Professional Conduct.
(h)
			 The potential malpractice liability of an Alabama Civil-law Notary.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-6-2 - AUTHORIZED TRAINING AND EXAMINATION › Section 820-6-2-.02 - Examination

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An Alabama
			 Civil-law Notary application shall be valid for a period of one year from the
			 date on which the application was received by the Office of the Secretary of
			 State during which time the applicant must complete the Alabama Civil-law
			 Notary examination. If the applicant completes the examination, with a
			 satisfactory score of 70%, within the one year period prescribed above, the
			 applicant remains eligible for appointment as an Alabama Civil-law Notary even
			 though the appointment itself may occur more than one year after the date on
			 which the application was received.
(2) After reviewing the application for
			 completeness and accuracy of information, determining that all necessary
			 documents accompany the application, and that the applicant meets the
			 requirements of this rule and Act No. 99-449, the Office of the Secretary of
			 State will provide the applicant with a certificate of eligibility to take the
			 Alabama Civil-law Notary examination and a list of examination dates and
			 corresponding examination locations.
(3) The applicant who has been certified as
			 eligible must notify the Office of the Secretary of State at least two weeks in
			 advance of any scheduled examination that the applicant intends to take a
			 scheduled examination. If notice is not received, or if the notice is untimely,
			 the applicant will not be admitted to the examination.
(4) Upon appearing at the examination
			 location, and prior to entering the examination facility, the applicant must
			 present to the examination authorities the certificate of eligibility issued to
			 the applicant by the Office of the Secretary of State, a governmentally issued
			 identification card which bears the applicant's picture, and pay the
			 examination fee.
Author:
Charles E. Grainger, Jr.
Formerly 820-X-12-.03, as per certification filed January
				  10, 2001; effective February 14, 2001.
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-20-50,
et
seq
.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-6-3 - RECORDS › Section 820-6-3-.01 - Form And Content Of Signatures And Seals; Registration Of Signatures And Seals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An Alabama
			 Civil-law Notary's original hand-written signature and seal shall be registered
			 with the Office of the Secretary of State. Such registration shall be
			 accomplished by placing the original hand-written signature and seal on a Form
			 ACLN-4 prescribed by the Office of the Secretary of State entitled "Alabama
			 Civil-law Notary Signature and Seal," which is form is set forth in the
			 Appendix to this Division, and by filing it with the Office of the Secretary of
			 State. No Alabama Civil-law Notary shall take any official action or execute
			 any document as an civil-law notary until his signature and seal has been
			 properly registered.
(2) The
			 Alabama Civil-law Notary's original handwritten signature and an original
			 rubber stamp or embossed impression of the civil law notary's seal shall be
			 affixed by the civil-law notary to all documents executed by the civil-law
			 notary while acting as an Alabama Civil-law Notary under Act No. 99-449. The
			 civil-law notary shall not allow any other person to sign or seal a document
			 using the civil-law notary's official signature or seal.
(3) The civil-law notary's seal may be an
			 embossing seal or a rubber stamp and may be circular or square in shape and
			 shall not be more than two inches nor less than one inch in diameter if
			 circular, or more than two inches on each side nor less than one inch on each
			 side if square.
(4) A registered
			 signature and seal may be changed by applying to the Office of the Secretary of
			 State at the address listed above for an additional "Alabama Civil-law Notary
			 Signature and Seal" form. While the preceding form shall remain on file, the
			 new form and its contents shall supercede the old form. An application to
			 change a signature or seal shall be considered an amendment to the notary's
			 application and shall be accompanied by a processing fee of fifty dollars.
Author:
Charles E. Grainger, Jr.
Formerly 820-X-12-.05, as per certification filed January
				  10, 2001; effective February 14, 2001.
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-20-50,
et
seq
.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-6-3 - RECORDS › Section 820-6-3-.02 - The Alabama Civil-Law Notary's Protocol

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An Alabama Civil-law Notary's protocol
			 shall be maintained in a secure, fireproof location at the Alabama Civil-law
			 Notary's principal place of business.
(2) The protocol shall contain an original
			 copy or photocopy of each of the Alabama Civil-law Notary's authentic acts in
			 date sequence, and an original photocopy of any supporting or related
			 documents, which shall be permanently archived in the protocol. The protocol
			 shall also contain, in date sequence, a photocopy or original copy of any
			 document containing, incorporating or depending upon, an acknowledgment, oath
			 or solemnization executed by the civil-law notary, which shall include a copy
			 of any certificate made by the civil-law notary.
(3) The protocol shall contain or be
			 accompanied by an index to its contents in date order. In addition to the date
			 on which act, oath, acknowledgment, or solemnization was executed, each entry
			 in the index shall identify the party or parties who paid the notary's
			 fee.
(4) The protocol shall be
			 available for inspection by the Office of the Secretary of State during
			 reasonable business hours and copies of any documents contained in the protocol
			 shall be furnished to the Office of the Secretary of State upon request. The
			 contents of the protocol shall otherwise be considered confidential and shall
			 be made available only to persons who have a legal interest in a particular
			 transaction.
(5) An Alabama
			 Civil-law Notary who takes custody of the protocol of another Alabama Civil-law
			 Notary's protocol because of suspension or incapacitation shall maintain the
			 protocol until the suspension period expires or the incapacitation is relieved.
			 When an Alabama Civil-law Notary takes custody of another Alabama Civil-law
			 Notary's protocol because of revocation or death the custodial Alabama
			 Civil-law Notary shall permanently maintain the protocol in accordance with
			 this rule.
Author:
Charles E. Grainger, Jr.
Formerly 820-X-12-.08, as per certification filed January
				  10, 2001; effective February 14, 2001.
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-20-50,
et
seq
.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-6-4 - AUTHENTIC ACTS AND OTHER DUTIES › Section 820-6-4-.01 - Form And Content Of Authentic Acts

Current through Register Vol. 42, No. 9, June 28, 2024
Each authentic act shall contain:
(1) The handwritten signature and original
			 seal of the Alabama Civil-law Notary.
(2) The typewritten full name of the Alabama
			 Civil-law Notary in the form in which the notary's application for appointment
			 was originally submitted to the Office of the Secretary of State and the words
			 "Alabama Civil-law Notary" typewritten in the English language.
(3) The current business address and
			 telephone number of the Alabama Civil-law Notary typewritten in the English
			 language.
(4) A statement
			 typewritten in the English language that "Under the laws of the State of
			 Alabama, Act No. 99-449, this authentic act is legally equivalent to the
			 authentic acts of civil-law notaries in all jurisdictions outside the
			 geographic borders of the United States and is issued on the authority of the
			 Alabama Secretary of State."
(5)
			 The date on which the authentic act was signed and sealed by the Alabama
			 Civil-law Notary and the signatures of the parties to the
			 transaction.
(6) All words or
			 statements required to appear in the English language may also appear in any
			 other language.
(7) An authentic
			 act may also contain such other information or material as may be required to
			 satisfy any legal requirements, or to satisfy ethical or legal concerns, or the
			 business needs of the parties to the transaction or of the Alabama Civil-law
			 Notary including statements attesting to the signatures on accompanying
			 documents if executed in the Alabama Civil-law Notary's presence, and any
			 witnessing signatures; a statement confirming the legality of the transaction
			 and the contents of any documents and any limitations thereon; any facts
			 contained in the documents or relied on by any interested party and any
			 limitations thereon.
Author:
Charles E. Grainger, Jr.
Formerly 820-X-12-.06, as per certification filed January
				  10, 2001; effective February 14, 2001.
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-20-50,
et
seq
.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-7-1 - PROCEDURES FOR ELECTRONIC RECORDING OF REAL PROPERTY RECORDS › Section 820-7-1-.01 - Adoption Of Standards

Current through Register Vol. 42, No. 9, June 28, 2024
The Property Records Industry Association ("PRIA") standards
				version 2.4.1 and higher, on electronic document formatting and document data
				files are adopted by Alabama for the recording of real property
				records.
Author
: Jean Brown
Statutory Authority:
Code of Ala.
				  1975
, §
										35-4-124(c).
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-7-1 - PROCEDURES FOR ELECTRONIC RECORDING OF REAL PROPERTY RECORDS › Section 820-7-1-.02 - Form And Method Of Transmission

Current through Register Vol. 42, No. 9, June 28, 2024
The judge of probate in each county shall have the ultimate
				authority to authorize persons or entities to electronically record property
				records (an "authorized filer"). The form and manner of transmission of
				property records for electronic recording shall be in accordance with these
				procedures in addition to any procedures established by each judge of probate
				in his or her sole discretion:
(a) An
			 authorized filer should visually inspect each instrument prior to transmitting
			 to ensure compliance with existing statutory recording requirements.
(b) Electronic submissions shall contain
			 sufficient information to identify the authorized filer, to uniquely identify
			 the instrument to be recorded, and any other information required by the judge
			 of probate.
(c) Instruments
			 transmitted electronically shall:
(1) provide
			 fidelity to the original appearance of any instrument at the time such
			 instrument was first created, whether by electronic or other means;
(2) retain the original content;
			 and
(3) provide for a
			 non-proprietary digital file format.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-7-1 - PROCEDURES FOR ELECTRONIC RECORDING OF REAL PROPERTY RECORDS › Section 820-7-1-.03 - Acceptance And Refusal Of Records

Current through Register Vol. 42, No. 9, June 28, 2024
The judge of probate in each county that accepts property
				records for electronic recording shall have the ultimate authority consistent
				with Alabama law to accept or reject documents which are submitted
				electronically for recording. The judge of probate shall not have any
				additional duties or responsibilities regarding the acceptance of records
				submitted electronically than those submitted in any other
				manner.
Author
: Jean Brown
Statutory Authority:
Code of Ala.
				  1975
, §
										35-4-124(c).
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-7-1 - PROCEDURES FOR ELECTRONIC RECORDING OF REAL PROPERTY RECORDS › Section 820-7-1-.04 - Method Of Recording

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 judge of probate in each county that accepts property records for electronic
			 recording shall have the authority to determine the method(s) by which such
			 records will be accepted so long as the method(s) chosen complies with the
			 requirements and standards set forth by the Alabama Electronic Recording
			 Commission.
(2) The acceptance of
			 records for electronic recording shall be in addition to all other methods of
			 document recording by the judge of probate required by Alabama law.
Author
: Jean Brown
Statutory Authority:
Code of Ala.
				  1975
, §
										35-4-124(c).