10A-1-3.17
Section 10A-1-3.17 Restated certificate of formation. (a) A restated certificate of formation
must accurately state the text of the previous certificate of formation, regardless of whether
the certificate of formation is an original, corrected, or restated certificate, and include:
(1) each previous amendment to the certificate being restated that is carried forward; and
(2) each new amendment to the certificate being restated. (b) A restated certificate of formation
may omit: (1) the name and address of each organizer other than the name and address of each
general partner of a limited partnership; and (2) any other information that may be omitted
under the provisions of this title applicable to the filing entity. (c) A restated certificate
of formation that does not make new amendments requiring owner approval to the certificate
of formation being restated must be accompanied by: (1) a statement that (i) the restated
certificate of formation accurately states the text of the...
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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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10A-8A-9.02
Section 10A-8A-9.02 Conversion. (a) An organization other than a partnership may convert to
a partnership, and a partnership may convert to an organization other than a partnership pursuant
to this section, Sections 10A-8A-9.03 through 10A-8A-9.05, and a plan of conversion, if: (1)
the governing statute of the organization that is not a partnership authorizes the conversion;
(2) the law of the jurisdiction governing the converting organization and the converted organization
does not prohibit the conversion; and (3) the converting organization and the converted organization
each comply with the governing statute and organizational documents applicable to that organization
in effecting the conversion. (b) A plan of conversion must be in writing and must include:
(1) the name, type of organization, and mailing address of the principal office of the converting
organization, and its unique identifying number or other designation as assigned by the Secretary
of State, if any, before...
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8-12-7
Section 8-12-7 Registrability. (a) A mark by which the goods, services, or business of any
applicant for registration may be distinguished from the goods, services, or business of others
shall not be registered if it: (1) Consists of or comprises immoral, deceptive, or scandalous
matter; (2) Consists of or comprises matter which may disparage or falsely suggest a connection
with a person, living or dead, institutions, beliefs, or national symbols, or bring them into
contempt or disrepute; (3) Consist of or comprises the flag or coat of arms or other insignia
of the United States, of any state or municipality or of any foreign nation, or any simulation
thereof; (4) Consists of, comprises or includes the name, signature, or portrait of any living
individual, except with his written consent; (5) Consists of a mark which: a. When applied
to the goods, services, or business of the applicant, is merely descriptive or deceptively
misdescriptive of them; or b. When applied to the goods,...
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11-92B-5
Section 11-92B-5 Articles of incorporation. (a) The articles of incorporation of an authority
shall state all of the following: (1) The names of the incorporators of the authority and
that each of them is a resident of the county of incorporation or a municipality whose corporate
limits lie in whole or in part within the operational area of the authority. (2) The name
of the authority, which may be a name indicating in a general way the name of the former military
installation or a geographically descriptive word or words, and shall include the words "Development
Authority" (e.g., "The ___ Development Authority" or "The Development
Authority of ___," the blank space to be filled in with a name indicating in a general
way the name of the former military installation or geographically descriptive word or words,
but the descriptive word or words shall not preclude the authority from exercising its powers
in its operational area). (3) A designation of the operational area of the...
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5-1A-3
Section 5-1A-3 Use of words "bank," "banker," "banking," etc.,
restricted. The use of the words "bank," "banker," "banking,"
or words of similar meaning in any foreign language as a designation or name, or as part of
a designation or name, under which business is or may be conducted in the State of Alabama,
or in its advertising is restricted to banking corporations organized under the laws of Alabama,
other states, the United States, or foreign countries. All other persons, firms, partnerships,
limited liability companies, corporations, and other entities are prohibited from using the
words "bank," "banker," or "banking" or words of similar meaning
in any foreign language in advertising or as a designation or name or as part of a designation
or name under which business may be conducted in this state unless the superintendent determines
that the use of the word by the entity is unlikely to mislead or confuse the public or give
the impression that such entity is lawfully organized and...
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10A-1-3.05
Section 10A-1-3.05 Certificate of formation. Unless provided otherwise in a chapter of this
title governing a filing entity: (a) The certificate of formation must state: (1) the name
of the filing entity being formed; (2) the type of filing entity being formed; (3) for filing
entities other than limited partnerships, the purpose or purposes for which the filing entity
is formed, which may be stated to be or include any lawful purpose for that type of entity;
(4) the period of duration, if the entity is not formed to exist perpetually; (5) the street
address and, if different, the mailing address of the initial registered office of the filing
entity and the name of the initial registered agent of the filing entity at the office; (6)
the name and address of each: (A) organizer for the filing entity, unless the entity is formed
pursuant to a statement of conversion or merger; or (B) general partner, if the filing entity
is a limited partnership; (7) if the filing entity is formed pursuant...
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10A-9A-10.05
Section 10A-9A-10.05 Effect of conversion. (a) When a conversion takes effect: (1) all property
and contract rights owned by the converting organization remains vested in the converted organization
without transfer, reversion, or impairment and the title to any property vested by deed or
otherwise in the converting organization shall not revert or be in any way impaired by reason
of the conversion; (2) all debts, obligations, or other liabilities of the converting organization
continue as debts, obligations, or other liabilities of the converted organization and neither
the rights of creditors, nor the liens upon the property of the converting organization shall
be impaired by the conversion; (3) an action or proceeding pending by or against the converting
organization continues as if the conversion had not occurred and the name of the converted
entity may, but need not, be substituted for the name of the converting entity in any pending
action or proceeding; (4) except as prohibited...
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19-3B-816
Section 19-3B-816 Specific powers of trustee. (a) Without limiting the authority conferred
by Section 19-3B-815, a trustee may: (1) collect trust property and accept or reject additions
to the trust property from a settlor or any other person, including, but not being limited
to, the authority to receive, collect, hold, and retain common or preferred stock or other
interests in the trustee or any related party; (2) acquire or sell property, for cash or on
credit, at public or private sale; (3) exchange, partition, or otherwise change the character
of trust property; (4) deposit trust money in an account in a regulated financial-service
institution; (5) borrow money, with or without security, and mortgage or pledge trust property
for a period within or extending beyond the duration of the trust; (6) with respect to an
interest in a proprietorship, partnership, limited liability company, business trust, corporation,
or other form of business or enterprise, continue the business or other...
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34-11-15
Section 34-11-15 Violations; penalties. (a) Any person who practices, offers to practice, or
holds himself or herself out as qualified to practice engineering or land surveying in this
state or uses in connection with his or her name or otherwise assumes, uses, or advertises
any title or description including, but not limited to, the term engineer, engineers, engineering,
or professional engineer, professional engineers, or professional engineering, or land surveyor,
land surveyors, land surveying, or professional land surveyor, professional land surveyors,
or professional land surveying, without being licensed or exempted in accordance with this
chapter, or any person presenting or attempting to use as his or her own the certificate of
licensure or the seal or facsimile thereof of another, or permitting his or her own certificate
of licensure, seal or facsimile thereof to be used by another person, or any person who gives
any false or forged evidence of any kind to the board or to any...
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