6-6-185
Section 6-6-185 Complaint for discovery of assets - Orders or judgments; appointment of receiver.
If, from the answer, it appears that the defendant has property, real and personal, or an
interest in property, real or personal, subject to the payment of debts, or has money, effects,
or choses in action or an interest in moneys, effects, or choses in action subject to the
payment of debts, whether such property, money, effects, or choses in action are within or
without the state, the court must make all such orders or judgments as may be necessary and
proper to reach and subject such property, moneys, effects, or choses in action and, for that
purpose, may appoint a receiver with authority to demand, commence an action for and recover
or otherwise to reduce to possession such property, moneys, effects, or choses in action and
may require the debtor to make to such receiver all conveyances, assignments, or transfers
which may be necessary and proper to enable him to receive or to...
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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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10A-2A-11.04
Section 10A-2A-11.04 Action on a plan of merger or stock exchange. In the case of a corporation
that is a constituent organization or the acquired entity in a stock exchange, the plan of
merger or stock exchange shall be adopted in the following manner: (a) The plan of merger
or stock exchange shall first be adopted by the board of directors. (b) Except as provided
in subsections (h), (j), and (l) and in Section 10A-2A-11.05, the plan of merger or stock
exchange shall then be approved by the stockholders. In submitting the plan of merger or stock
exchange to the stockholders for approval, the board of directors shall recommend that the
stockholders approve the plan or, in the case of an offer referred to in subsection (j)(2),
that the stockholders tender their stock to the offeror in response to the offer, unless (i)
the board of directors makes a determination that because of conflicts of interest or other
special circumstances it should not make a recommendation or (ii) Section...
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10A-2A-12.02
Section 10A-2A-12.02 Stockholder approval of certain dispositions. (a) A sale, lease, exchange,
or other disposition of assets, other than a disposition described in Section 10A-2A-12.01,
requires approval of the corporation's stockholders if the disposition would leave the corporation
without a significant continuing business activity. A corporation will conclusively be deemed
to have retained a significant continuing business activity if it retains a business activity
that represented, for the corporation and its subsidiaries on a consolidated basis, at least
(i) 25 percent of total assets at the end of the most recently completed fiscal year, and
(ii) either 25 percent of either income from continuing operations before taxes or 25 percent
of revenues from continuing operations, in each case for the most recently completed fiscal
year. (b) To obtain the approval of the stockholders under subsection (a) the board of directors
shall first adopt a resolution authorizing the disposition....
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11-15-4
Section 11-15-4 Certificate of incorporation - Contents; approval. The certificate of incorporation
of the corporation shall state: (1) The names of the persons forming the corporation together
with the residence of each thereof and a statement that each of them is a duly qualified elector
of and property owner in the county; (2) The name of the corporation; (3) The location of
its principal office, which shall be in the county seat of the county; (4) The number of directors
(which shall be three or a multiple of three); and (5) Any other matters relating to the corporation
which the incorporators may choose to insert and which shall not be inconsistent with this
chapter or with the laws of the state. The name designated for the corporation in the certificate
of incorporation shall be one indicating the purpose thereof, such as "___ County Public
Building Authority" (the name of the county to be filled in the blank space) or some
other name of similar import. The form and contents...
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17-16-63
Section 17-16-63 Statement - Filing; bond. When any elector shall choose to contest any election
for the office of Governor, Secretary of State, Auditor, Treasurer, Attorney General, Commissioner
of Agriculture and Industries, justices of the Supreme Court, or judges of the courts of appeals,
the elector, within 10 days after the Speaker of the House of Representatives shall have opened
the returns and proclaimed the result of the election for Governor, Secretary of State, Auditor,
Treasurer, Attorney General, Commissioner of Agriculture and Industries, justices of the Supreme
Court, or judges of the courts of appeals, as provided in this chapter, must file with the
Speaker of the House of Representatives a written statement of the grounds of such contest
and a bond with good and sufficient sureties payable to the State of Alabama and conditioned
for the payment of such costs as may accrue upon such contest in the event such contest shall
result in favor of the contestee. Such bond...
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27-31A-3
Section 27-31A-3 Risk retention groups chartered in this state. (a)(1) A risk retention group
shall, pursuant to this title, be chartered and licensed to write only liability insurance
pursuant to this chapter and, except as provided elsewhere in this chapter, shall comply with
all of the laws, rules, regulations, and requirements applicable to the insurers chartered
and licensed in this state and with Section 27-31A-4, to the extent the requirements are not
a limitation on laws, rules, regulations, or requirements of this state. (2) Notwithstanding
any other provision to the contrary, all risk retention groups chartered in this state shall
file with the department and the National Association of Insurance Commissioners (NAIC) an
annual statement in a form prescribed by the NAIC and, if required by the commissioner, in
electronic format. The statement shall be completed in accordance with its instructions and
the NAIC Accounting Practices and Procedures Manual. (b) Before it may offer...
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28-3-42
Section 28-3-42 Administrator; annual report of board to Governor as to administration of chapter;
possession by officers, members, employees, etc., of board of liquor or malt or brewed beverages
for personal use. (a) The board shall appoint an administrator who, under the supervision
of the board, shall administer the provisions of this chapter. Before entering upon the duties
of his office, the administrator shall execute to the State of Alabama a bond, to be approved
by the Governor, in the amount of $25,000.00, for the faithful performance of his duties.
The premiums on the bond of the administrator shall be paid out of moneys derived from any
operation under the provisions of this chapter. The administrator, with the approval of the
board and subject to the provisions of the Merit System, shall appoint all necessary clerks,
stenographers, inspectors and chemists and other employees to enforce properly the provisions
of this chapter. No person shall be eligible for any appointment...
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33-1-12.1
Section 33-1-12.1 Additional powers. In addition to the powers conferred in this chapter and
by other applicable law, the port authority shall have the following powers: (1) To have and
use a corporate seal and to alter the same at pleasure. (2) To exercise the right of eminent
domain as freely and completely, and in the same manner, as the state has that power now or
at any time hereafter, and the power of eminent domain shall apply not only as to all property
of private persons or corporations but also as to property already devoted to public use.
(3) To acquire by purchase, gift, the exercise of the power of eminent domain, or other lawful
means, sell, rent, lease, and otherwise dispose of real, personal, or mixed property in its
own name, and to construct, improve, renovate, equip, and maintain the docks and its facilities.
(4) To receive, take, and hold by sale, gift, lease, devise, eminent domain, or other lawful
means, real and personal estate of every description in its own...
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33-15-6
Section 33-15-6 Powers, duties and functions generally. The general powers, duties and functions
of the authority shall be as follows: (1) GENERAL. The authority: a. Shall have perpetual
succession in its corporate name; b. May bring civil actions and have civil actions brought
against it in its corporate name; c. May adopt, use, and alter a corporate seal, which shall
be judicially noticed; d. May enter into such contracts and cooperative agreements with federal,
state and local governments, with agencies of such governments and with private individuals,
corporations, associations and other organizations, including the Bear Creek Watershed Association,
Inc., whether organized under the laws of Alabama or of another state, as the board may deem
necessary or convenient to enable it to carry out the purposes of this article, which authorization
shall include without limitation contracts and cooperative arrangements with any of the several
states and with counties and municipalities in...
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