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10A-1-6.12
Section 10A-1-6.12 Court-ordered indemnification. (a) On application of a governing person,
former governing person, or delegate and after notice is provided as required by the court,
a court may order an enterprise to indemnify the person to the extent the court determines
that the person is fairly and reasonably entitled to indemnification in view of all the relevant
circumstances. (b) This section applies without regard to whether the governing person, former
governing person, or delegate applying to the court satisfies the requirements of Section
10A-1-6.21 or has been found liable: (1) to the enterprise; or (2) because the person improperly
received a personal benefit, without regard to whether the benefit resulted from an action
taken in the person's official capacity. (c) The indemnification ordered by the court under
this section is limited to reasonable expenses if the governing person, former governing person,
or delegate is found liable: (1) to the enterprise; or (2) because...
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10A-1-6.22
Section 10A-1-6.22 General scope of permissive indemnification. (a) Except as otherwise provided
by subsection (d) and subject to subsection (b), an enterprise may indemnify a governing person,
former governing person, or delegate against a judgment, penalty, settlement, or fine, including
an excise or similar tax or an excise tax assessed against the person regarding an employee
benefit plan, and against reasonable expenses actually incurred by the person in connection
with a proceeding. (b) Indemnification under this chapter of a person who is found liable
to the enterprise or is found liable because the person improperly received a personal benefit:
(1) is limited to reasonable expenses actually incurred by the person in connection with the
proceeding; and (2) may not be made in relation to a proceeding in which the person has been
found liable for: (A) willful or intentional misconduct in the performance of the person's
duty to the enterprise; (B) breach of the person's duty of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-1-6.22.htm - 2K - Match Info - Similar pages
10A-1-6.24
Section 10A-1-6.24 Advancement of expenses. (a) An enterprise may pay or reimburse reasonable
expenses incurred by a governing person, former governing person, or delegate that was, is,
or is threatened to be made a respondent in a proceeding in advance of the final disposition
of the proceeding without making the determinations required under Section 10A-1-6.21(a) after
the enterprise receives: (1) written affirmation by the person of the person's good faith
belief that the person has met the standard of conduct necessary for indemnification under
this article; and (2) written undertaking by or on behalf of the person to repay the amount
paid or reimbursed if the final determination is that the person has not met that standard
or that indemnification is prohibited by Section 10A-1-6.22. (b) A provision in the governing
documents of the enterprise, a resolution of the owners, members, or governing authority,
or an agreement that requires the payment or reimbursement permitted under...
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10A-1-6.31
Section 10A-1-6.31 Insurance and other arrangements. (a) Notwithstanding any other provision
of this article, an enterprise may purchase or procure or establish and maintain insurance
or another arrangement to indemnify or hold harmless an existing or former governing person,
delegate, officer, employee, or agent against any liability: (1) asserted against and incurred
by the person in that capacity; or (2) arising out of the person's status in that capacity.
(b) The insurance or other arrangement established under subsection (a) may insure or indemnify
against the liability described by subsection (a) without regard to whether the enterprise
otherwise would have had the power to indemnify the person against that liability under this
chapter. (c) Insurance or another arrangement that involves self-insurance or an agreement
to indemnify made with the enterprise or a person that is not regularly engaged in the business
of providing insurance coverage may provide for payment of a...
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10A-1-6.21
Section 10A-1-6.21 Permissive indemnification. (a) An enterprise may indemnify a governing
person, former governing person, or delegate who was, is, or is threatened to be made a respondent
in a proceeding to the extent permitted by Section 10A-1-6.22 if it is determined in accordance
with Section 10A-1-6.23 that: (1) the person: (A) acted in good faith; and (B) reasonably
believed: (i) in the case of conduct in the person's official capacity that the person's conduct
was in the enterprise's best interests; and (ii) in all other cases, that the person's conduct
was not opposed to the enterprise's best interests; and (C) in the case of a criminal proceeding,
did not have a reasonable cause to believe the person's conduct was unlawful; (2) with respect
to expenses, the amount of expenses is reasonable; and (3) indemnification should be paid.
(b) Action taken or omitted by a governing person or delegate with respect to an employee
benefit plan in the performance of the person's duties for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-1-6.21.htm - 2K - Match Info - Similar pages
10A-1-6.11
Section 10A-1-6.11 Mandatory indemnification. (a) An enterprise shall indemnify a governing
person or former governing person against reasonable expenses actually incurred by the person
in connection with a proceeding in which the person is a respondent because the person is
or was a governing person if the person is successful, on the merits or otherwise, in the
defense of the proceeding, or any claim, issue, or matter in the proceeding, notwithstanding
that he or she was not successful on any other claim, issue, or matter in the proceeding.
(b) A court that determines, in a suit for indemnification, that a governing person is entitled
to indemnification under this section shall order indemnification and award to the person
the expenses incurred in securing the indemnification. (Act 2009-513, p. 967, ยง50.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-1-6.11.htm - 1K - Match Info - Similar pages
10A-1-6.01
Section 10A-1-6.01 Definitions. In this division: (1) "Delegate" means a person who
is serving or who has served as a representative of an enterprise at the request of that enterprise
at another enterprise. A person is a delegate to an employee benefit plan if the performance
of the person's official duties to the enterprise also imposes duties on or otherwise involves
service by the person to the plan or participants in or beneficiaries of the plan. (2) "Enterprise"
means a domestic entity or an organization subject to this article, including a predecessor
domestic entity or organization. (3) "Expenses" includes court costs and attorney's
fees. The term does not include a judgment, a penalty, a settlement, a fine, or an excise
or similar tax or an excise tax assessed against the person regarding an employee benefit
plan. (4) "Former governing person" means a person who was a governing person of
an enterprise. (5) "Official capacity" means: (A) with respect to a governing person,
the...
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15-22-1.1
Section 15-22-1.1 Interstate Compact for Adult Offender Supervision. Whereas: The Interstate
Compact for the Supervision of Parolees and Probationers was established in 1937, it is the
earliest corrections "compact" established among the states and has not been amended
since its adoption over 62 years ago; Whereas: This compact is the only vehicle for the controlled
movement of adult parolees and probationers across state lines, and it currently has jurisdiction
over more than a quarter of a million offenders; Whereas: The complexities of the compact
have become more difficult to administer, and many jurisdictions have expanded supervision
expectations to include currently unregulated practices such as victim input, victim notification
requirements, and sex offender registration; Whereas: After hearings, national surveys, and
a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming
recommendation has been to amend the document to bring about...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-1.1.htm - 43K - Match Info - Similar pages
22-18-50
Section 22-18-50 Enactment and text of Emergency Medical Services Personnel Licensure Interstate
Compact. The Emergency Medical Services Personnel Licensure Interstate Compact is hereby enacted
into law and entered into with all other jurisdictions legally joining therein in form substantially
as follows: SECTION 1. PURPOSE In order to protect the public through verification of competency
and ensure accountability for patient care related activities all states license emergency
medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs
and paramedics. This Compact is intended to facilitate the day to day movement of EMS personnel
across state boundaries in the performance of their EMS duties as assigned by an appropriate
authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel
licensed in a member state. This Compact recognizes that states have a vested interest in
protecting the public's health and safety...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-18-50.htm - 41K - Match Info - Similar pages
10A-1-6.25
Section 10A-1-6.25 Indemnification and advancement of expenses to persons other than governing
persons. (a) Notwithstanding any other provision of this chapter but subject to subsection
(d) and to the extent consistent with other law, an enterprise may indemnify and advance expenses
to a person who is not a governing person, including an officer, employee, agent, or delegate,
as provided by: (1) the enterprise's governing documents; (2) general or specific action of
the enterprise's governing authority; (3) resolution of the enterprise's owners or members;
(4) contract; or (5) common law. (b) An enterprise shall indemnify and advance expenses to
an officer to the same extent that indemnification or advancement of expenses is required
under this chapter for a governing person. (c) A person described by subsection (a) may seek
indemnification or advancement of expenses from an enterprise to the same extent that a governing
person may seek indemnification or advancement of expenses under...
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