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34-2-37
Section 34-2-37 Practice of architecture by certain entities. (a) It shall be lawful
for a corporation, a professional corporation, a professional association, a partnership,
or a limited liability company (the entity) to practice architecture in this state provided
that: (1) A minimum of two-thirds of those responsible for controlling the activities of the
entity, including officers, partners, directors, members, and others depending on the legal
structure of the entity, are voting stockholders who are architects or professional engineers,
or both, registered under the laws of any United States jurisdiction and at least one is an
architect registered in Alabama. (2) Any agreement to perform such services shall be executed
on behalf of the entity by a stockholding officer, partner, director, or member with authority
to contractually bind the entity, who is an architect registered in the State of Alabama.
(3) A stockholding officer, partner, director, or member who is an architect...
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34-4-28
Section 34-4-28 Authority under license not transferable; effect of license issued to
corporation, association or partnership. Authority to transact business as an auctioneer under
any license issued by the board shall be restricted to the person named in such license and
shall not inure to the benefit of any other person. Where an auctioneer's license shall be
issued to a corporation or association, authority to transact business thereunder shall be
limited to one officer of such corporation or association to be designated in the application
and named in the license. Each other officer of such association or corporation desiring to
act as an auctioneer in connection with the business of the association or corporation, or
otherwise, shall be required to make application for and take out a separate license in his
or her own name individually. Where the licensee is a copartnership, the license issued to
such copartnership shall confer authority to act as auctioneer upon one member of...
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10A-5-3.03
Section 10A-5-3.03 Agency power of members and managers; duties. REPEALED IN THE 2014
REGULAR SESSION BY ACT 2014-144 EFFECTIVE JANUARY 1, 2017. (a) Except as provided in subsection
(b), every member is an agent of the limited liability company for the purpose of its business
or affairs, and the act of any member, including, but not limited to, the execution in the
name of the limited liability company of any instrument, for apparently carrying on in the
usual way the business or affairs of the limited liability company binds the limited liability
company, unless the member so acting has, in fact, no authority to act for the limited liability
company in the particular matter and the person with whom the member is dealing has knowledge
of the fact that the member has no such authority. (b) If the certificate of formation provides
that management of the limited liability company is vested in a manager or managers, both
of the following conditions apply: (1) No member, acting solely in...
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10A-8A-8.11
Section 10A-8A-8.11 Certificate of reinstatement. A partnership that has dissolved,
has filed a statement of dissolution, and is seeking to reinstate in accordance with Section
10A-8A-8.10, shall deliver to the Secretary of State for filing a certificate of reinstatement
in accordance with the following: (a) A certificate of reinstatement shall be delivered to
the Secretary of State for filing. The certificate of reinstatement shall state: (1) the name
of the partnership before reinstatement; (2) the name of the partnership following reinstatement,
which partnership name shall comply with Section 10A-8A-8.12; (3) the date of formation
of the partnership; (4) the date of filing its statement of dissolution, and all amendments
and restatements thereof, and the office or offices where filed; (5) if the partnership has
filed a statement of partnership, a statement of not for profit partnership, a statement of
authority, or a statement of limited liability partnership, the unique...
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35-12-71
Section 35-12-71 Definitions. As used in this article, unless the context otherwise
requires, the following terms shall have the meanings respectively ascribed to them by this
section: (1) APPARENT OWNER. A person whose name appears on the records of a holder
as the person entitled to property held, issued, or owing by the holder. (2) BUSINESS ASSOCIATION.
A corporation, joint stock company, investment company, partnership, unincorporated association,
joint venture, limited liability company, business trust, trust company, safe deposit company,
financial organization, insurance company, mutual fund, utility, or other business entity
consisting of one or more persons, whether or not for profit. (3) DOMICILE. The state of incorporation
of a corporation and the state of the principal place of business of a holder other than a
corporation. (4) FINANCIAL ORGANIZATION. A savings and loan association, building and loan
association, industrial loan organization, credit union, cooperative bank,...
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6-7-70
Section 6-7-70 Commencement of action against partnership in common name or against
any associates thereof. Two or more persons associated together as partners in any business
or pursuit who transact business under a common name, whether it comprises the names of such
persons or not, may be sued by their common name in all civil actions, whether hitherto denominated
as legal or equitable in nature; and the judgment in the action binds the joint property of
all the associates in the same manner as if all had been named defendants, had been sued upon
their joint liability and served with process. Any one or more of the associates, or their
legal representatives, may also be sued for the obligation of all. (Code 1852, §2142; Code
1867, §2538; Code 1876, §2904; Code 1886, §2605; Code 1896, §40; Code 1907, §2506; Code
1923, §5722; Code 1940, T. 7, §141.)...
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10A-1-5.12
Section 10A-1-5.12 Reservation of certain names prohibited; exceptions. (a) The Secretary
of State may not reserve a name that is the same as, or not distinguishable on the records
of the Secretary of State from: (1) the name of an existing filing entity; the name of a general
partnership that has an effective statement of partnership, statement of not for profit partnership,
or statement of limited liability partnership on file with the Secretary of State under Chapter
8A; (2) the name of a foreign filing entity that has a registration under Article 7; or (3)
a name that is reserved under this division. (b) Subsection (a) does not apply if the other
entity or the person for whom the name is reserved consents in writing to the subsequent reservation
of a name not distinguishable on the records of the Secretary of State, and submits an undertaking
in form satisfactory to the Secretary of State to change its name to a name that is distinguishable
on the records of the Secretary of State...
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10A-5-6.04
Section 10A-5-6.04 Death or incompetency of member. REPEALED IN THE 2014 REGULAR SESSION
BY ACT 2014-144 EFFECTIVE JANUARY 1, 2017. (a) Except as otherwise provided in the governing
documents: (1) If a member who is an individual dies or if a court of competent jurisdiction
adjudges a member to be incompetent to manage the member's person or property, the member's
personal representative, conservator, legal representative, heirs, or legatees may exercise
all the member's financial rights for the purpose of settling the member's estate or administering
the member's property, including any power the member had to transfer the membership interest.
(2) If a member is a corporation, limited liability company, trust, general partnership, limited
partnership, registered limited liability partnership, custodianship, or other entity and
is dissolved or terminated, the financial rights of that member may be exercised by the legal
representative or successor of that member. (b) The personal...
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31-13-3
Section 31-13-3 Definitions. For the purposes of this chapter, the following words shall
have the following meanings: (1) ALIEN. Any person who is not a citizen or national of the
United States, as described in 8 U.S.C. § 1101, et seq., and any amendments thereto. (2)
BUSINESS ENTITY. Any person or group of persons employing one or more persons performing or
engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage,
or livelihood, whether for profit or not for profit. Business entity shall include, but not
be limited to, the following: a. Self-employed individuals, business entities filing articles
of incorporation, partnerships, limited partnerships, limited liability companies, foreign
corporations, foreign limited partnerships, foreign limited liability companies authorized
to transact business in this state, business trusts, and any business entity that registers
with the Secretary of State. b. Any business entity that possesses a business...
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10A-1-5.33
Section 10A-1-5.33 Change by registered agent of name or address of registered agent.
(a) The registered agent of any entity required by Section 10A-1-5.31 to designate
and maintain a registered agent or registered office may change its name, its address as the
address of the entity's registered office, or both, by delivering to the Secretary of State
for filing a statement of the change in accordance with the procedures in Article 4. (b) The
statement must be signed by the registered agent, or a person authorized to sign the statement
on behalf of the registered agent, and must contain: (1) the name of the entity represented
by the registered agent; (2) the name of the entity's registered agent and the address at
which the registered agent maintained the entity's registered office; (3) if the change relates
to the name of the registered agent, the new name of that agent; (4) if the change relates
to the address of the registered office, the new address of that office; and (5) a...
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