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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...
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10A-2-7.25
Section 10A-2-7.25 Quorum and voting requirements for voting groups. REPEALED IN THE 2019 REGULAR
SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) Shares entitled to vote as a separate voting group may take action on a matter at a meeting
only if a quorum of those shares exists with respect to that matter. Unless the articles of
incorporation or this chapter provide otherwise, a majority of the votes entitled to be cast
on the matter by the voting group constitutes a quorum of that voting group for action on
that matter, but in no event shall a quorum consist of less than one-third of the votes entitled
to be cast on the matter by the voting group. (b) Once a share is represented for any purpose
at a meeting, it is, unless established to the contrary, presumed present for quorum purposes
for the remainder of the meeting. (c) If a quorum is present when a vote is taken, action
on a matter, other than the election of directors, by a voting...
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10A-30-2.10
Section 10A-30-2.10 Appointment of a provisional director in certain cases; applicable to corporations
formed as close corporations or electing close corporation status prior to January, 1 1995.
(a) Notwithstanding any contrary provision of the governing documents or agreement of the
shareholders, the circuit court of the county in which the registered office of the corporation
is located may appoint a provisional director for a close corporation if the directors are
so divided respecting the management of the corporation's business and affairs that the votes
required for action by the board of directors cannot be obtained with the consequence that
the business and affairs of the corporation can no longer be conducted to the advantage of
the shareholders generally. (b) An application for relief under this section must be filed
(1) by at least one-half of the number of directors then in office, or (2) by the holders
of at least one-third of all shares then entitled to elect directors,...
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10A-30-2.08
Section 10A-30-2.08 Management by shareholders; applicable to corporations formed as close
corporations or electing close corporation status prior to January 1, 1995. The certificate
of formation of a close corporation may provide that the business of the corporation shall
be managed by the shareholders of the corporation rather than by a board of directors. So
long as this provision continues in effect: (1) No meeting of shareholders need be called
to elect directors; (2) Unless the context clearly requires otherwise, the shareholders of
the corporation shall be deemed to be directors for purposes of applying provisions of this
article; and (3) The shareholders of the corporation shall be subject to all liabilities of
directors. Such a provision may be inserted in the certificate of formation by amendment if
all incorporators and subscribers or all holders of record of all of the outstanding shares,
whether or not having voting power, authorize such a provision. An amendment to the...
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17-6-4
Section 17-6-4 Designating and equipping voting places; county voting centers. (a) Except as
may be provided further by local election laws or by the electronic vote counting statutes,
the county governing bodies shall designate the places of holding elections in the precincts
established hereunder, and, whenever the county has alphabetically divided the list of registered
qualified voters of a precinct into groups, it shall designate not only the voting place but
also the number of electronic voting machines at each voting place in the precinct, being
sure that it designates an electronic voting machine for each group of qualified voters. The
county governing body is specifically authorized to provide for installing as many electronic
voting machines as are needed in each precinct, and the electronic voting machines may be
installed at one designated voting place or there may be more than one voting place designated
and such number of electronic voting machines installed at each place...
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11-46-39
Section 11-46-39 Oath and identification of voters challenged; voting procedure where paper
ballots used. (a) Where paper ballots are used, the inspector, upon the elector's entering
the polling place, shall examine the list of qualified electors furnished by the clerk pursuant
to subsection (a) of Section 11-46-36, and, if it appears from this examination that the person
is a qualified elector of the state authorized to vote at that box, the inspector shall then
give the person one ballot on the stub of which the inspector shall write or shall have already
written his or her name or initials. If the person's name does not appear on the list of qualified
voters for that ward or box, the person may not vote except by provisional ballot. (b) In
cities of more than 3,000 inhabitants, each elector on receiving a ballot shall forthwith
and without leaving the polling place retire alone to one of the booths or compartments provided
for that purpose and there prepare the ballot in the manner...
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16-26B-6
Section 16-26B-6 Board of trustees - Quorum; executive committee. (a) A majority of actively
serving members of the school board shall constitute a quorum for the transaction of business.
All official actions of the board shall require the favorable vote of a majority of those
members present and voting. (b) Members of the school board shall be compensated for all actual
vouchered expenses incurred in the performance of their duties and functions as required by
this chapter. The expenses shall be paid by the executive director from funds appropriated
by the Legislature and upon the warrant of the school board. (c) The school board may select
from its number an executive committee of five, subject to change and removal by the majority
of the board at any time. The executive committee may meet and transact any business that
may be transacted by a majority of the board, and whatever acts the executive committee may
do shall be considered as done by the whole board. (Acts 1992, No. 92-531,...
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22-50-11
Section 22-50-11 Department - Additional and cumulative powers. The Department of Mental Health
is given hereby the following additional and cumulative powers through its commissioner: (1)
It is authorized and directed to set up state plans for the purpose of controlling and treating
any and all forms of mental and emotional illness and any and all forms of mental retardation
and shall divide the state into regions, districts, areas or zones, which need not be geographic
areas, but shall be areas for the purpose of establishing priorities and programs and for
organizational and administrative purposes in accordance with these state plans. (2) It is
designated and authorized to supervise, coordinate, and establish standards for all operations
and activities of the state related to mental health and the providing of mental health services;
and it is authorized to receive and administer any funds available from any source for the
purpose of acquiring building sites for, constructing,...
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44-1-51
Section 44-1-51 Composition; compensation; records. (a) The Governor shall be the ex officio
Chair of the Youth Services Board. (b) The board shall be composed of 18 voting members, five
of whom shall be the Commissioner of the State Department of Human Resources, the State Superintendent
of Education, the Commissioner of Mental Health, the State Health Officer, and the Director
of the Alabama Law Enforcement Planning Agency, each of whom may delegate his or her vote
to an agent or employee by written notification 10 days prior to a meeting of the board. (c)
The chair, vice chair, and secretary of the board shall be elected by the members thereof.
The chair shall vote only in the case of a tie. (d) The Speaker of the Alabama House of Representatives
shall appoint two members to be selected from the membership of the House and the Presiding
Officer of the Alabama Senate shall appoint two members to be selected from the membership
of the Senate. The President of the Alabama Council of...
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10A-2-2.02
Section 10A-2-2.02 Supplemental provisions required or permitted in articles of incorporation.
REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT
IN THE CURRENT CODE SUPPLEMENT. (a) In addition to the information required to be set forth
in a certificate of formation by Section 10A-1-3.05, articles of incorporation of a corporation
formed under this chapter must set forth: (1) The number of shares the corporation is authorized
to issue; (2) The names and addresses of the individuals who are to serve as the initial directors;
and (3) The purpose or purposes for which the corporation is organized, which may be stated
to be or to include the transaction of any lawful business for which corporations may be incorporated
under this chapter. (b) The articles of incorporation may set forth: (1) Provisions not inconsistent
with law regarding: (i) Reservation to the shareholders of the right to adopt the initial
bylaws of the corporation; (ii) Managing the...
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