Alabama Administrative Code

Beginning with the first statewide primary election for 2014, unless specifically exempted pursuant to Code of Alabama, section 17-9-30(c) and Rule 820-2-9-.12, each Alabama elector shall be required to provide valid photo identification to an appropriate election official prior …

(1) The following instructions and form shall be used by Alabama electors who do not have any of the following forms of valid photo identification: (a) a valid Alabama driver's license; (b) a valid Alabama nondriver identification card which was properly issued by the appropriate…

(1) The following application form shall be used only by Alabama electors who wish to obtain a free nondriver identification card and do not have any of the following forms of valid photo identification: (a) a valid Alabama driver's license; (b) a valid Alabama nondriver identifi…

(1) Alabama electors can obtain a free nondriver identification card or free Alabama photo voter identification card at the following locations: (a) Nondriver identification cards. Alabama electors can obtain a free nondriver identification card at the location within the county …

(1) To process the elector's application for the Alabama photo voter identification card the processing agent shall require the elector to complete, sign, and submit the application form set forth in Rule 820-2-9-.03 and to present documentation showing the applicant's full legal…

(1) The issuing agent for an Alabama photo voter identification card can cancel and require surrender of the card or receipt for said card upon confirmation that the card or receipt was issued to a person not entitled thereto. In the event a card or receipt is cancelled, notice s…

(1) If a previously issued Alabama photo voter identification card has been lost, destroyed, marred or mutilated, a replacement card shall be issued to the elector upon application for a new card in accordance with the procedures set forth herein in Rules 820-2-9-.03 and 820-2-9-…

(1) An Alabama photo voter identification card shall not contain an expiration date, but shall remain valid for as long as the elector resides at the same address shown on the card and remains qualified to vote in Alabama. An Alabama nondriver identification card shall remain val…

(1) If an elector does not have a valid Alabama photo identification as defined in Rule 820-2-9-.03 in his or her possession at the polls, he or she shall be allowed to cast a regular ballot if the individual is positively identified by two election officials as a voter on the po…

(1) A voter who is entitled to vote by absentee ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act shall not be required to produce identification prior to voting. (2) A voter who is entitled to vote by absentee ballot pursuant to the Voting Accessibility …

(1) The following application is to be used by Alabama voters who need a free birth or marriage certificate to obtain a free Alabama Photo Voter Identification Card. (2) The birth or marriage certificate will be provided electronically to the processing or issuing agent and is fo…

(1) ABANDONED CORPORATION: a corporation formed under the laws of the State of Alabama which are presumed to have intentionally abandoned their property interests in their existence by having been certified by the Alabama Department of Revenue to not be in compliance with one or …

(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. Alt…

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.…

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 Stat…

(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 offici…

(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…

(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 …

(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 req…

(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 en…

(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 …

(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…

(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 sha…

(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…

(1) Definitions. (Reserved). (2) Record filing procedures. (Reserved). (3) Search request procedures. (Reserved). Author: Charles E. Grainger, Jr. Notes Ala. Admin. Code r. 820-4-3-.05 New Rule: Filed February 7, 2002; effective March 14, 2002. Statutory Authority: Code of Ala. 1…

(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 o…

(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…

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 Homeown…

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 …

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). Notes Ala. Admin. Code r. 820-5-1-.03 Adopted by Alabama Adminis…

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. Notes Ala. Admin. Code r. 820-5-1-.04…

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. Notes Ala. Admin. Code r. 820-5-1-.05 Ad…

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 sh…

Home Inspector Certificate Of Registration (Repealed) Notes Ala. Admin. Code r. 820-5-2-.01

Revocation Of Certificate Of Registration (Repealed) Notes Ala. Admin. Code r. 820-5-2-.02

(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 …

(1) Upon completion of each examination session and after the examinations are scored, the testing authority shall promptly forward the examination results to the Office of the Secretary of State. The Office of the Secretary of State shall then notify the applicants of their resp…

(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…

(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 Sec…

(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…

(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 t…

(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 d…

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 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. Notes Ala. Admin. Code r. 820-7-1-.01 New Rule: Filed October 29, 20…

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 t…

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 additio…

(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 …

A document recorded electronically shall be recorded in the same order, preference, and manner as a document recorded in any other manner in accordance with Alabama law. Notes Ala. Admin. Code r. 820-7-1-.05 New Rule: Filed October 29, 2012; effective December 3, 2 012. Author: J…

The judge of probate in any county that accepts documents for electronic recording is authorized to accept required recording fees and taxes, including any authorized convenience or user fees, via an electronic medium and to contract with third-party vendor(s) for the collection …

The judge of probate in each county will follow the records disposition authority and e-records best practices as established by the Local Government Records Commission. Notes Ala. Admin. Code r. 820-7-1-.07 New Rule: Filed October 29, 2012; effective December 3, 2012. Author: Je…