Code of Alabama, 1975 (Annotated Statut... | Legal Solutions (2024)

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What is Section 26 1 2 Code of Alabama 1975? ›

Section 26-1-2 Creation of durable power of attorney; effect of acts performed pursuant to durable power of attorney during period of disability, etc., of principal; appointment by court of guardian, etc., subsequent to execution of durable power of attorney; effect of death of principal upon agency relationship and ...

Age of majority designated as 19 years. (a) Any person in this state, at the arrival at the age of 19 years, shall be relieved of his or her disabilities of minority and thereafter shall have the same legal rights and abilities as persons over 21 years of age.

In accordance with Section 40-1-44, Code of Alabama 1975, the interest rate must be used to compute interest on any tax or other amount due, other than property tax, not remitted by the due date.

Code of Alabama, 1975 (Annotated Statutes & Code Series) comprises a comprehensive research tool for anyone desiring instant access to Alabama statutes and constitution. This multivolume set is extensively annotated with legislative history materials that are relevant to specific statute sections.

Pursuant to Section 41-1-20, Code of Alabama 1975, on each occasion that a business taxpayer is obligated to make a tax payment of $750 or more to the Alabama Department of Revenue, such payment must be remitted electronically through an electronic funds transfer (EFT) method.

Procedure for making a parent, legal guardian, or legal custodian a party. (A) In any case in which a child is alleged to be dependent, the child's parent or parents, legal guardian, or legal custodian shall be considered a party or parties to the action.

An owner's interest in any type of property other than real property, personal property, and fixtures shall be forfeited under this section unless the owner proves that the act or omission subjecting the property to forfeiture was committed or omitted without the owner's .

[Read Stand Your Ground Instruction if appropriate] - The defendant does not have a duty to retreat and has the right to stand his/her ground so long as he/she is justified in using deadly physical force and is not engaged in an illegal activity and is in a place where he/she has a right to be located.

Section 12-13-1 - Jurisdiction generally; validity and presumptions to be accorded to judgments, orders, etc., of probate courts (a) The probate court shall have original and general jurisdiction as to all matters mentioned in this section and shall have original and general jurisdiction as to all other matters which ...

An individual shall be deemed totally unemployed in any week during which he performs no services and with respect to which no wages are payable to him, and shall be deemed partially unemployed in any week of less than full-time work if the wages payable to him with respect to such week are less than his weekly benefit ...

What is Section 40 18 372 of the Code of Alabama 1975? ›

Section 40-18-372Qualifying projects - Activities and standards. A qualifying project must be found by the Secretary of Commerce to conduct an activity specified in subdivision (1) and to meet the minimum standard set forth in subdivision (2).

ALABAMA CODE § 35-11-210 provides that a lien can be claimed for work, labor or material constituting an improvement. The scope of the term “improvement” is left for determination on a case by case basis.

Section 40-22-1 - Deeds, bills of sale, etc (a) Except as set out in subsection (b), no deed, bill of sale, or other instrument of like character which conveys any real or personal property within this state or which conveys any interest in any such property shall be received for record unless the privilege or license ...

Section 32-8-2 and 32-8-34, Code of Alabama 1975, allows authorized title service providers to act on behalf of a designated agent of the department or a lienholder.

Section 38-9-8 - Reports by physicians, etc., of physical, sexual, or emotional abuse, neglect, or exploitation - Required; contents; investigation. Section 38-9-8Reports by physicians, etc., of physical, sexual, or emotional abuse, neglect, or exploitation - Required; contents; investigation.

Before conducting a hearing in a juvenile or child-support case, the referee shall inform all of the parties that the referee is not a judge and that the hearing may be conducted before a judge if any party objects to the hearing being held by the referee.

Lubricating Oil Excise Tax

Distributors are reminded that pursuant to Section 40-17-171, Code of Alabama 1975, the lubricating tax is due on all lubricating products that are sold, distributed, or withdrawn from storage for any use. Therefore, product that is given away is subject to the lubricating excise tax.

Section 28-11-17.1 - Certification requirements for e-liquid manufacturers and manufacturers of alternative nicotine products; directory; FDA approval; violations (a) (1) Beginning March 1, 2022, or other date not more than 30 days following a premarket tobacco application submission deadline issued by the FDA, ...

Section 40-18-86, Code of Alabama 1975, provides for income tax withholding at a rate of 3% or 4% on sales or transfers of real property and associated tangible personal property by nonresidents of Alabama. This Code Section is applicable to any sale or transfer occurring on or after August 1, 2008.

A person commits the crime of criminal mischief in the first degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he/she has such a right, he/she inflicts damage to the property in an amount exceeding $2,500.00.

What is rule 27 in Alabama? ›

Motions. (a) Content of motions; response; reply. An application for an order or other relief shall be made by filing a motion for such order or relief with certificate of service on all other parties, unless another form is elsewhere prescribed by these rules.

(1) CONSTRUCTION PURPOSES. The normal and ordinary meaning of the words, except that mining activities or the transportation of materials used in or produced by mining or forestry activities shall not be construed to be included; (2) HEAVY DUTY EQUIPMENT.

Section 32-6-19 - Penalties - Violation by person whose license or driving privilege has been cancelled, etc.; impoundment of vehicle (a) (1) Any person whose driver's or chauffeur's license issued in this or another state or whose driving privilege as a nonresident has been cancelled, denied, suspended, or revoked as ...

Act 2009-281 amended Section 32-8-31(11), Code of Alabama 1975, to provide that no certificate of title shall be issued for utility trailers, other than folding or collapsible camping trailers designated 1990 and subsequent year models.

Section 35-15-30 - Removal of guest from recreational vehicle park for certain conduct (a) As used in this section, the term recreational vehicle park means a place set aside and offered by a person, for direct or indirect remuneration of the owner, lessor, or operator of the place, for the parking, accommodation, or ...

Chapter 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY. Section 13A-11-75 - Permit to carry pistol in vehicle or concealed on person - Issuance; fee; revocation; release of information. Section 13A-11-75Permit to carry pistol in vehicle or concealed on person - Issuance; fee; revocation; release of information. (a)(1)a.

A person commits criminal homicide if he intentionally, knowingly, recklessly or with criminal negligence causes the death of another person.

Section 40-10-120 - When and by whom land may be redeemed (a) Real estate which hereafter may be sold for taxes and purchased by the state may be redeemed at any time before the title passes out of the state or, if purchased by any other purchaser, may be redeemed at any time within three years from the date of the ...

Taxable Year is defined in Section 40-14A-1, Code of Alabama 1975, as: “the fiscal year used by the taxpayer to file returns required under the income tax levied by Chapter 18 or the financial institution excise tax levied by Chapter 16, or, in the case of an insurance company subject to the premium tax levied by ...

Section 16-13B-2.1 - Purchase of goods or services without advertising or bidding allowed during an emergency or unanticipated event (a) (1) During an emergency or unanticipated event affecting public health or safety or causing supply chain disruptions, and upon the recommendation of the State Superintendent of ...

What is Section 25 4 77 in Alabama Code? ›

For purposes of this subdivision, the term “suitable employment” means with respect to an individual, work of a substantially equal or higher skill level than the individual's past adversely affected employment, as defined by the Trade Act of 1974, and wages for such work at not less than 80 percent of the individual's ...

Ala. Code § 36-25A-7(a) specifically states that executive sessions are not required by the law, meaning that an open meeting can be held even when there are grounds for an executive session.

Alabama Code Section 25-5-11(d) states that an employer or insurance carrier may bring a civil action directly against the alleged third party tortfeasor but only if the injured party (claimant) fails to file a civil action within the time allowed by law.

(1) A motor vehicle left unattended on a public road or highway for more than 48 hours. (2) A motor vehicle, not left on private property for repairs, that has remained on private or other public property for a period of more than 48 hours without the consent of the owner or lessee of the property.

Section 40-14A-29, Code of Alabama 1975, requires newly organ- ized corporations, limited liability entities, and disregarded entities to file an initial business privilege tax return and to pay the business privilege tax reported on the return, within two and one-half months after organ- ization.

Section 32-5-171 - Arrest without warrant; issuance of traffic citation (a) A law enforcement officer as defined in Section 36-21-40, may arrest, at the scene of a traffic accident, any driver of a vehicle involved in the accident if upon personal investigation, including information from eyewitnesses, the officer has ...

An executor, acting under Letters Testamentary, is governed by the terms of the will and by statute with respect to certain acts which may be performed without a court order. § 43-2-843. A will may authorize the executor to perform any act without court order.

Yes, Section 32-8-87(k), Code of Alabama 1975, requires every salvage vehicle to be restored in this state to its operating condition which existed prior to the event which caused the salvage certificate of title to issue.

Section 26-11-3 - Procedure for change of name of child upon petition by father generally; notification of mother and child; filing of response; appointment of guardian ad litem; hearing; issuance of order by court; certification of minutes of court to Center for Health Statistics, etc.

Claims for damages growing out of torts shall be presented within six months from the accrual thereof or shall be barred.

What is Section 40 12 297 Code of Alabama 1975? ›

(21) The provisions of Section 40-12-297, Code of Alabama 1975, authorizing issuance of original Alabama license plates or restored or refurbished Alabama plates do not include reproductions or facsimiles of original Alabama license plates.

(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice.

Section 26-18-7 - Grounds for Termination of Parental Rights; Factors Considered; Presumption Arising From Abandonment. Grounds for termination of parental rights; factors considered; presumption arising from abandonment.

(a) A person commits the crime of unsworn falsification to authorities if, with an intent to mislead a public servant in the performance of his duty, he makes or submits any written statement, which he does not believe to be true, in an application for pecuniary or other benefit, or a record or report required by law ...

Article 3B of Title 41, Code of Alabama 1975 requires the disclosure statement to be completed and filed with all proposals, bids, contracts, or grant proposals to the State of Alabama in excess of $5,000.

§ 3-7A-9. Quarantine of dog or cat which bites human being; destruction of animal and examination of head; certain acts of or omissions by owner unlawful; delivery of quarantine instructions to owner; report of results; canine corps and seeing eye dogs.

Section 40-2A-11.1Civil penalties for unethical tax preparation conduct. (a) For purposes of the individual income tax imposed by Chapter 18, if there is an understatement of liability on a return that would cause a tax return preparer to be subject to the penalties imposed by 26 U.S.C.

ALABAMA COMMENT

Section 26-1-2(a) requires that in order to make the power of attorney durable, there has to must be language in the instrument indicating the principal's intent to do so. A healthcare power of attorney is governed by Sections 26-1-2 and 26-1-2.1.

A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party. Upon request, a person not a party may obtain without the required showing a statement concerning the action or its subject matter previously made by that person.

§ 26-14-8.

(1) INDICATED. When credible evidence and professional judgment substantiates that an alleged perpetrator is responsible for child abuse or neglect.

What is Alabama Code 26 2A 102? ›

Section 26-2A-102Court appointment of guardian for incapacitated person. (a) Except as provided by subsection (e), an incapacitated person or any person interested in the welfare of the incapacitated person may petition for appointment of a limited or general guardian.

The laws governing PoA forms vary in each state; however, in Alabama, your Power of Attorney will require notarization. If your agent will have the ability to handle real estate transactions, the Power of Attorney will need to be signed before a notary and recorded or filed with the county.

A durable power of attorney (POA) allows a person (agent, usually denominated as attorney-in-fact) to conduct your affairs if you are not present or not able. Durable means it is not terminated by the principal's incapacity.

An Alabama limited power of attorney allows someone to assign someone else, known as the agent or attorney-in-fact, to handle a SPECIFIC responsibility to the benefit of the Principal. Complete and have at least two non-blood related witnesses or a notary public view the signatures to make the form valid.

Alabama Rules of Appellate Procedure Rule 40. Applications for rehearing. (a) Who may file. A party who has not prevailed may apply for a rehearing by filing an application for rehearing.

Civ. P. 33(c)] allows a responding party to substitute access to documents or electronically stored information for an answer only if the burden of deriving the answer will be substantially the same for either party.

Rule 52 attaches a presumption to the findings of a master to the extent that the trial court has adopted them. Under present Alabama practice, de novo appellate review is available when evidence has been taken before a commissioner.

Code of Alabama § 26-2A- 107 and § 26-2A-137 provide for the issuance of Temporary Letters for a single or special purpose. These letters expire on their own terms and require no further court action after they are granted. They can be used to obtain medical records while a suit is being evaluated.

Section 20-2A-51 License quantities; operation of dispensing sites. Section 20-2A-52 Oversight of medical cannabis facility operations; inspections and audits of licensees; criminal background checks.

If two or more appointments are made, the latter in time has priority, and if both parents are dead or incapacitated, an effective appointment by the parent, who was eligible to make the appointment and who dies or became incapacitated later in time, has priority.