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10A-10-1.13
Section 10A-10-1.13 Filing fees. (a) A real estate investment trust shall pay the filing fees
required under Section 10A-1-4.31. (b) In computing fees under this section, a real estate
investment trust shall treat its declaration of trust in the same manner as a certificate
of formation. (Acts 1995, No. 95-628, p. 1317, §13; §10-13-13; amended and renumbered by
Act 2009-513, p. 967, §308.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-10-1.13.htm - 722 bytes - Match Info - Similar pages
10A-10-1.06
Section 10A-10-1.06 Declaration of trust. (a) A real estate investment trust organized under
this chapter shall file its declaration of trust in the same manner as the certificate of
formation of an Alabama domestic filing entity and shall be subject in all respects to the
provisions of Article 4 of Chapter 1, governing filing of documents except as those provisions
may be inconsistent with the provisions of this chapter. (b) The declaration of trust shall:
(1) Indicate clearly that the trust is a real estate investment trust. (2) State the name
of the trust. (3) State the total number of shares that the real estate investment trust has
authority to issue. (4) Provide for an annual meeting of shareholders after the delivery of
the annual report, at a convenient location and on proper notice. (5) Provide for the election
of trustees at least every third year at an annual meeting of shareholders. (6) State the
number of trustees and the names of those persons who will serve as trustees...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-10-1.06.htm - 2K - Match Info - Similar pages
10A-10-1.07
Section 10A-10-1.07 Classification of shares. (a) A real estate investment trust may provide
by its declaration of trust any of the following: (1) That any specified class of shares is
preferred over another class as to its distributive share of the assets on voluntary or involuntary
liquidation of the real estate investment trust and the amount of the preference. (2) That
any specified class of shares may be redeemed at the option of the real estate investment
trust or of the holders of the shares and the terms and conditions of redemption, including
the time and price of redemption. (3) That any specified class of shares is convertible into
shares of one or more classes and the terms and conditions of conversion. (4) That the holders
of any specified securities issued or to be issued by the real estate investment trust have
any voting or other rights which, by law, are or may be conferred on shareholders. (5) For
any other preferences, rights, restrictions, including restrictions on...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-10-1.07.htm - 5K - Match Info - Similar pages
10A-10-1.09
Section 10A-10-1.09 Powers. A real estate investment trust has the power to: (1) Unless the
declaration of trust provides otherwise, have perpetual existence unaffected by any rule against
perpetuities. (2) Sue, be sued, complain, and defend in all courts. (3) Transact its business,
carry on its operations, and exercise the powers granted by this chapter in any state, territory,
district, or possession of the United States and in any foreign country. (4) Make contracts,
incur liabilities, and borrow money. (5) Sell, mortgage, lease, pledge, exchange, convey,
transfer, and otherwise dispose of all or any part of its assets. (6) Issue bonds, notes,
and other obligations, and secure them by mortgage or deed of trust of all or any part of
its assets. (7) Subject to Section 10A-10-1.10, acquire by purchase, or in any other manner,
take, receive, own, hold, use, employ, improve, encumber, and otherwise deal with any interest
in real and personal property, wherever located. (8) Purchase,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-10-1.09.htm - 3K - Match Info - Similar pages
10A-10-1.15
Section 10A-10-1.15 Merger. (a) For purposes of this section, the following words shall have
the respective meanings ascribed to them: (1) ALABAMA REAL ESTATE INVESTMENT TRUST. A real
estate investment trust organized in compliance with the provisions of this chapter. (2) BUSINESS
TRUST. a. An entity described in Section 10A-16-1.01. b. An unincorporated trust or association,
including an Alabama real estate investment trust, a common-law trust, or a Massachusetts
trust, which is engaged in business and in which property is acquired, held, managed, administered,
controlled, invested, or disposed of for the benefit and profit of any person who may become
a holder of a transferable unit of beneficial interest in the trust. (3) DOMESTIC LIMITED
LIABILITY COMPANY. A limited liability company as defined under the Alabama Limited Liability
Company Law. (4) DOMESTIC LIMITED PARTNERSHIP. A limited partnership as defined under the
Alabama Limited Partnership Law. (5) FOREIGN BUSINESS TRUST. A...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-10-1.15.htm - 10K - Match Info - Similar pages
10A-10-1.14
Section 10A-10-1.14 Amendment of declaration. (a) Except as provided in subsection (c) of Section
10A-10-1.06 or subdivision (7) of subsection (a) of Section 10A-10-1.07, a declaration of
trust may be amended only as provided in this section. (b) The board of trustees of a real
estate investment trust proposing an amendment to its declaration of trust shall: (1) Adopt
a resolution which sets forth the proposed amendment and declares that it is advisable. (2)
Direct that the proposed amendment be submitted for consideration at either an annual or special
meeting of the shareholders. (c) Notice which states that a purpose of the meeting will be
to act upon the proposed amendment shall be given by the real estate investment trust in the
manner provided in the declaration of trust or bylaws to: (1) Each shareholder entitled to
vote on the proposed amendment. (2) Each shareholder not entitled to vote on the proposed
amendment if the contract rights of the shareholder's shares, as expressly...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-10-1.14.htm - 2K - Match Info - Similar pages
10A-1-8.02
Section 10A-1-8.02 Mergers of entities. (a) A merger of two or more entities, whether the other
entity or entities are the same or another form of entity, may be accomplished as provided
in this section. (1) CORPORATIONS. a. In the case of a corporation, other than a nonprofit
corporation, that is a party to a merger, a plan of merger must be approved in accordance
with the procedures and by the stockholder vote required by Article 11 of Chapter 2A. If the
governing documents of the corporation provide for approval of a merger by less than all of
the corporation's stockholders, approval of the merger shall constitute corporate action subject
to appraisal rights pursuant to Article 13 of Chapter 2A, as applicable. No merger of a corporation
into a general or limited partnership may be effected without the consent in writing of each
stockholder who will have personal liability with respect to the surviving entity, notwithstanding
any provision in the governing documents of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-1-8.02.htm - 17K - Match Info - Similar pages
10A-1-8.01
Section 10A-1-8.01 Conversion of business and nonprofit entities. (a) A conversion of an entity
may be accomplished as provided in this section: (1) CORPORATIONS. a. The terms and conditions
of a plan of conversion of a corporation, other than a nonprofit corporation, must be approved
in accordance with the procedures and by the stockholder vote required by Article 9 of Chapter
2A. If the governing documents provide for approval of a conversion by less than all of a
corporation's stockholders, approval of the conversion shall constitute corporate action subject
to appraisal rights pursuant to Article 13 of Chapter 2A. No conversion of a corporation to
a general or limited partnership may be effected without the consent in writing of each stockholder
who will have personal liability with respect to the converted entity, notwithstanding any
provision in the governing documents of the converting corporation providing for less than
unanimous stockholder approval for the conversion. b. The...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-1-8.01.htm - 18K - Match Info - Similar pages
45-28-84
Section 45-28-84 Filing fee for mental health program. (a) The Probate Judge of Etowah County
shall charge a fee of two dollars ($2) for filing for record or for recording each and every
instrument, paper, writing, document, or decree in his or her office, including each real
estate instrument, real estate mortgage, warranty deed, power of attorney, quitclaim deed,
judgment, timber deed, deed/executive deed, subordination agreement, agreement, land lease,
partial release/release, affidavit, official bond, plat, oath of office, bill of sale, custodian
bond, declaration of trust, financing statement, transfer, assignment, satisfaction, bond
of indemnity, declaration of vacation, lis pendens notice, order approving trustees bond,
and excerpts of minutes. This fee shall not apply to judicial matters filed in the probate
court section of the Probate Court of Etowah County nor shall the additional fee apply to
marriage licenses. (b) By the tenth of the month following collection, all funds...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-84.htm - 1K - Match Info - Similar pages
8-6-11
Section 8-6-11 Registration of securities - Exempt transactions. (a) Except as hereinafter
in this section expressly provided, Sections 8-6-3 through 8-6-9 shall not apply to any of
the following transactions: (1) Any isolated nonissuer transaction, whether effected through
a dealer or not; (2) Any nonissuer transaction in an outstanding security by a registered
dealer if: a. The issuer has a class of securities subject to registration under Section 12
of the Securities Exchange Act of 1934 and has been subject to the reporting requirements
of Sections 13 or 15(d) of the Securities Exchange Act of 1934 for not less than 180 days
before the transaction; or has filed and maintained with the commission for not less than
180 days before the transaction information, in such form as the commission, by rule, specifies,
substantially comparable to the information which the issuer would be required to file under
Section 12(b) or Section 12(g) of the Securities Exchange Act of 1934, or the...
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