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10A-2A-3.04
Section 10A-2A-3.04 Lack of power to act. THIS SECTION WAS AMENDED BY ACT 2020-73 IN THE 2020
REGULAR SESSION, EFFECTIVE JANUARY 1, 2021. TO SEE THE AMENDED VERSION, SEE THE SECOND VERSION
LABELED PENDING. (a) Except as provided in subsection (b), the validity of corporate action
may not be challenged on the ground that the corporation lacks or lacked power to act. (b)
A corporation's power to act may be challenged: (1) in a proceeding by a stockholder against
the corporation to enjoin the act; (2) in a proceeding by the corporation, directly, derivatively,
or through a receiver, trustee, or other legal representative, against an incumbent or former
director, officer, employee, or agent of the corporation; or (3) in a proceeding by the Attorney
General under Section 10A-2A-14.10. (c) In a stockholder's proceeding under subsection (b)(1)
to enjoin an unauthorized corporate act, the court may enjoin or set aside the act, if equitable
and if all affected persons are parties to the...
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12-15-131
Section 12-15-131 Issuance of orders restraining conduct of parties to proceedings. In any
proceeding commenced pursuant to this chapter, on motion of the juvenile court or on motion
of a party, the juvenile court may make an order restraining the conduct of any party over
whom the juvenile court has obtained jurisdiction, if all of the following occur: (1) An order
of disposition of a delinquent child, dependent child, or a child in need of supervision has
been made in a proceeding pursuant to this chapter. (2) The juvenile court finds that the
conduct of the party is or may be detrimental or harmful to the delinquent child, dependent
child, or child in need of supervision and will tend to defeat the execution of the order
of disposition made. (3) Notice of the motion and the grounds therein and an opportunity to
be heard thereon have been given to the party against whom the order is directed. (Acts 1975,
No. 1205, p. 2384, §5-141; §12-15-73; amended and renumbered by Act 2008-277,...
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22-21-390
Section 22-21-390 Violations; penalties; injunctive relief. (a) Any person or corporation engaging
in the business of operating a dental service plan without first having procured a license
from the Department of Insurance, as required by this article, and any person or corporation
violating any of the provisions of this article is guilty of a misdemeanor of the first degree
and upon conviction thereof shall be punished as provided by law. (b) Any person making any
willfully false statement in any written document required by this article to be filed with
the department, or with any examiner at any investigation or hearing conducted by the department
or examiner, is guilty of perjury and shall be punished as provided by law. (c) In addition
to any other penalties provided for in this article, the department is authorized to apply
to the appropriate circuit court by sworn affidavit that it has reason to believe that a violation
of any of the provisions of this article, or of any rules...
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22-21-75
Section 22-21-75 Incorporation - Certificate of incorporation - Validation of noncomplying
corporations. In all cases where the county commission of a county has adopted a resolution
authorizing the incorporation under this division, as originally enacted or as subsequently
amended, of a public corporation for hospital purposes and there has been an attempt to organize
such public corporation by filing in the office of the judge of probate of such county a certificate
of incorporation, but the attempted incorporation is invalid because of some irregularity
in the procedure followed, any such corporation so authorized and attempted to be formed shall
be, and hereby is, validated ab initio notwithstanding any failure to comply with the requirements
of said division respecting acknowledgment of signatures to certificates of incorporation,
any failure on the part of the county commission of any such county to take formal action
approving the form and contents of such certificate of...
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30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following meanings:
(1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD. An unemancipated
individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION. A judgment,
decree, or other order of a court providing for the legal custody, physical custody, or visitation
with respect to a child. The term includes a permanent, temporary, initial, and modification
order. The term does not include an order relating to child support or other monetary obligation
of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in which legal custody,
physical custody, or visitation with respect to a child is at issue. The term includes a proceeding
for divorce, dissolution of marriage, legal separation, neglect, abuse, dependency, paternity,
termination of parental rights, or protection from domestic violence. The term does not include
a court proceeding involving juvenile...
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45-37A-151
Section 45-37A-151 Fairfield Civic Center. (a) This section shall apply only to the City of
Fairfield in Jefferson County, Alabama. (b) Every action taken pursuant to any statutory procedure
by the City of Fairfield, and which procedure has been completed in the establishment of the
corporation known as the Fairfield Civic Center, and notwithstanding any irregularity or defect
in the procedure, shall be and is ratified, confirmed, and given effect in all respects as
if all provisions of law relating to the procedure establishing the corporation had been duly
and legally complied with. This section shall not apply to any procedures establishing or
attempting to establish the corporation which, prior to July 31, 1995, have been held invalid
by the Supreme Court of Alabama, the Civil Court of Appeals of Alabama, or by any final decree
of the circuit court or other court of like jurisdiction in Jefferson County and from which
decree an appeal was not taken to the Supreme Court of Alabama...
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10A-2-14.23
Section 10A-2-14.23 Appeal from denial of reinstatement. REPEALED IN THE 2019 REGULAR SESSION
BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
If the Secretary of State denies a corporation's application for reinstatement following administrative
dissolution, he or she shall serve the corporation under Section 10A-1-5.31, 10A-1-5.35, or
10A-1-5.36 with a written notice that explains the reason or reasons for denial. (b) The corporation
may appeal the denial of reinstatement to the circuit court of the county where its articles
of incorporation are filed within 30 days after service of the notice of denial is perfected.
A corporation created by an act of the Legislature prior to the adoption of the Constitution
of Alabama of 1901, or which resulted from a merger or consolidation, may appeal to the Circuit
Court of Montgomery County. The corporation appeals by petitioning the court to set aside
the dissolution and attaching to the petition copies...
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10A-20-10.01
Section 10A-20-10.01 Restrictions; powers of courts and Attorney General not impaired. (a)
Notwithstanding any provision to the contrary in the certificate of formation, other governing
instrument, or under any other law of this state, and except as otherwise provided by court
order, or by a provision in the certificate of formation or other governing instrument, which
in either case is entered or made after August 11, 1971, and expressly limits the applicability
of this section, a corporation which is, or is treated as, a private foundation, as defined
in Section 509 of the Internal Revenue Code of 1986, as amended, during the period it is,
or is treated as, a private foundation: (1) Shall not engage in any act of self-dealing as
defined in Section 4941 (d) thereof; (2) Shall distribute, for the purposes specified in its
certificate of formation, for each taxable year not less than the amounts at the time and
in the manner as not to become subject to the tax on undistributed income...
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27-3-30
Section 27-3-30 Foreign insurer may become domestic insurer; method; certificate and license
eligibility; authority and jurisdiction of state; continuation of corporate existence and
date of incorporation. Any insurer which is organized under the laws of any other state and
is admitted to do business in this state for the purpose of writing insurance may become a
domestic insurer by complying with all of the requirements of law relative to the organization
and licensing of a domestic insurer of the same type and by designating its principal place
of business at a place in this state. Said domestic insurer will be entitled to like certificates
and licenses to transact business in this state and shall be subject to the authority and
jurisdiction of this state. Articles of incorporation of such domestic insurer may be amended
to provide that the corporation is a continuation of the corporate existence of the original
foreign corporation through adoption of this state as its corporate...
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45-22A-20
Section 45-22A-20 Ratification and confirmation of prior annexations. Every annexation heretofore
undertaken under any statutory procedure for annexation, by the City of Cullman, Alabama,
and which the annexation procedure has been completed, and notwithstanding any irregularity
or defect in the procedure, shall be, and is hereby, ratified and confirmed and given effect
in all respects as if all provisions of law relating to such annexation proceeding had been
duly and legally complied with, but provided that this section shall not apply to any annexation
or attempted annexation which, prior to May 29, 1984, has been held invalid by the Supreme
Court of Alabama, or by the Court of Civil Appeals of Alabama, or by any final decree of the
circuit court or other court of like jurisdiction in Cullman County and from which decree
an appeal was not taken to the Supreme Court of Alabama or the Court of Civil Appeals of Alabama
within the time provided by law for taking such appeals, or to any...
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