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10A-2-8.09
Section 10A-2-8.09 Removal of directors by judicial proceeding. REPEALED IN THE 2019 REGULAR
SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) The circuit court of the county where a corporation's principal office, or, if none in
this state, its registered office, is located may remove a director of the corporation from
office in a proceeding commenced either by the corporation or by its shareholders holding
at least 10 percent of the outstanding shares of any class if the court finds that (1) the
director engaged in fraudulent or dishonest conduct, or gross abuse of authority or discretion,
with respect to the corporation and (2) removal is in the best interest of the corporation.
(b) The court that removes a director may bar the director from reelection for a period prescribed
by the court. (c) If shareholders commence a proceeding under subsection (a), they shall make
the corporation a party defendant. (Acts 1994, No. 94-245, p. 343,...
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10A-2A-8.05
Section 10A-2A-8.05 Terms of directors generally. (a) The terms of the initial directors of
a corporation expire at the first stockholders' meeting at which directors are elected. (b)
The terms of all other directors expire at the next, or if their terms are staggered in accordance
with Section 10A-2A-8.06, at the applicable second or third, annual stockholders' meeting
following their election, except to the extent (i) provided in Section 10A-2A-10.22 if a bylaw
electing to be governed by that section is in effect, or (ii) a shorter term is specified
in the certificate of incorporation in the event of a director nominee failing to receive
a specified vote for election. (c) A decrease in the number of directors does not shorten
an incumbent director's term. (d) Except as set forth in the next sentence of this subsection,
the term of a director elected to fill a vacancy expires at the next stockholders' meeting
at which directors are elected. The term of a director elected to fill a...
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10A-3-7.10
Section 10A-3-7.10 Liquidation - Jurisdiction of court to liquidate assets and affairs of corporation.
(a) The circuit court of the county in which the nonprofit corporation's principal office
is located in this state, and if none in this state, the circuit court for the county in which
the nonprofit corporation's most recent registered office is located shall have full power
to liquidate the assets and affairs of a nonprofit corporation: (1) In an action by a member
or director when it is established: a. That the directors are deadlocked in the management
of the corporate affairs and that irreparable injury to the nonprofit corporation is being
suffered or is threatened by reason thereof, and either that the members are unable to break
the deadlock or there are no members having voting rights; b. That the acts of the directors
or those in control of the nonprofit corporation are illegal, oppressive, or fraudulent; c.
That the members entitled to vote in the election of directors are...
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10A-30-2.06
Section 10A-30-2.06 Corporate option where a restriction on transfer of shares is held invalid;
applicable to corporations formed as close corporations or electing close corporation status
prior to January 1, 1995. If a restriction on transfer of shares of a close corporation is
held not to be authorized by the Alabama Business Corporation Law, the corporation shall nevertheless
have an option for a period of 30 days after the judgment setting aside the restriction becomes
final, to acquire the restricted shares at a price which is agreed upon by the parties or
if no agreement is reached as to price, then at the fair value as determined by the circuit
court of the county in which the corporation has its registered office or any court in such
place having jurisdiction. In order to determine fair value, the court may appoint an appraiser
to receive evidence and report to the court his or her findings and recommendation as to fair
value. The appraiser shall have such powers and shall...
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12-17-98
Section 12-17-98 Deputy clerk for Bessemer division of tenth judicial circuit. At the general
election held on the first Tuesday after the first Monday in November, 1982, and every six
years thereafter, there shall be elected by the qualified voters of the territory over which
the circuit court of the tenth judicial circuit sitting at Bessemer has and exercises jurisdiction
a deputy clerk of the circuit court, who shall hold office for six years and until his successor
is elected and qualified. He shall, at the time of his election and during his term of office,
reside within and be a qualified voter of the territory from which he is elected. Such deputy
clerk shall perform the same duties and exercise the same authority under the supervision
of the circuit court when being held at said place as if he were the circuit clerk. Before
entering upon the duties of his office such deputy clerk shall take and subscribe to the same
oath of office, and enter into the same bond as circuit court...
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12-18-81
Section 12-18-81 Right of election of probate judges holding office on or after December 27,
1973, to come under provisions of Article 1 of chapter; filing of instrument as to election
with Clerk of Supreme Court, county commission and Secretary-Treasurer of State Employees'
Retirement System; applicability of provisions of Article 1 of chapter to probate judges elected
or appointed to office after October 1, 1976; state and local governing bodies authorized
to pick up member contributions to retirement fund. Each probate judge holding office in the
several counties of Alabama on or after December 27, 1973, and prior to October 1, 1976, shall
have a right to elect to come under the provisions of Article 1 of this chapter in accordance
with the provisions of this article. Each such probate judge who elects to come under the
provisions of article 1 of this chapter shall, prior to the first Monday after the second
Tuesday in January, 1977, file with the Clerk of the Supreme Court of...
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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
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26-2A-138
Section 26-2A-138 Who may be appointed conservator; priorities. (a) The court may appoint an
individual or a corporation with general power to serve as trustee or conservator of the estate
of a protected person. The following are entitled to consideration for appointment in the
order listed: (1) A conservator, guardian of property, or other like fiduciary appointed or
recognized by an appropriate court of any other jurisdiction in which the protected person
resides; (2) An individual or corporation nominated by the protected person who is 14 or more
years of age and of sufficient mental capacity to make an intelligent choice; (3) An attorney-in-fact
under a valid durable power of attorney previously executed by the protected person and giving
the attorney-in-fact reasonably broad powers over the property of the protected person; (4)
The spouse of the protected person, or a person nominated by the will of a deceased spouse
to whom the protected person was married at the decedent's death...
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40-14A-27
Section 40-14A-27 Dissolution, etc., of corporations or limited liability entities. Whenever
a corporation or a limited liability entity organized under the laws of this state is dissolved,
terminated, liquidated, or otherwise wound-up, by an agreement or notice of the stockholders
or owners of the limited liability entity filed in the office of the judge of probate of the
county wherein the corporation or limited liability entity was organized, the judge of probate
shall at once give notice to the department and Secretary of State of the dissolution event,
with the name of the taxpayer and the date of dissolution, termination, liquidation, or other
winding-up. When a dissolution of a corporation or limited liability entity organized under
the laws of this state takes place by judgment of a court, upon the filing of a complaint
under the laws of this state by the creditors, stockholders, the owners of the limited liability
entity, or others, the clerk of the court shall at once notify...
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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
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