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10A-20-8.04
Section 10A-20-8.04 Right to set up unit independent of parent corporation. Whenever, as a
result of action of the parent organization, any of its authoritative subdivisions, or its
law-making body the majority group of any local organization shall determine that there has
been a change of social policies, within the meaning of this section, or that any act, declaration,
law, policy, social creed, or jurisdictional system of the parent organization is contrary
to the basic intent, understanding, or basic assumption existing between the contributors,
donors, or grantors of the fraternal property and the local organization or between the contributors,
grantors, or donors and any trustee of property held for the benefit of the local organization
or held by, or for, the use of the local organization subject to the trust clause and whenever
a majority group shall find and determine that the act, declaration, or policy of the parent
organization is not only contrary to the basic intent,...
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10A-20-8.03
Section 10A-20-8.03 Withdrawal from parent organization and use of fraternal property free
from trust clause. (a) The majority group of any local organization may withdraw from the
parent organization and, upon withdrawal, shall be permitted to devote the fraternal property
to the uses originally intended free of the influence of the trust clause; provided, that
the facts upon which the right of withdrawal is conditioned under this section shall be judicially
determined to exist in and by a judicial proceeding as provided for in this article. (b) While
this article is not intended to control any rules, fraternal, educational, social, or other
formula or practice of the parent organization, one of its purposes is to afford an effective
remedy and procedure for the preservation and protection of trust, charitable, educational,
or fraternal property from impairment or loss thereof when the intended trust use thereof
is threatened as a proximate result of subsequent action by the parent...
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10A-2A-1.48
Section 10A-2A-1.48 Action on ratification. (a) The quorum and voting requirements applicable
to a ratifying action by the board of directors under Section 10A-2A-1.47(a) shall be the
quorum and voting requirements applicable to the corporate action proposed to be ratified
at the time such ratifying action is taken. (b) If the ratification of the defective corporate
action requires approval by the stockholders under Section 10A-2A-1.47(c), and if the approval
is to be given at a meeting, the corporation shall notify each holder of valid and putative
stock, regardless of whether entitled to vote, as of the record date for notice of the meeting
and as of the date of the occurrence of defective corporate action, provided that notice shall
not be required to be given to holders of valid or putative stock whose identities or addresses
for notice cannot be determined from the records of the corporation. The notice must state
that the purpose, or one of the purposes, of the meeting, is to...
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2-10-93
Section 2-10-93 Organization generally; adoption of bylaws. A majority of the organizing members
named in the articles of incorporation, at a time and place agreed upon in writing by all
the said organizers, or when and where all are present, or upon call of a majority of such
organizers upon five days' notice thereof, in writing, giving the time, place, and purposes
of the meeting, mailed or delivered by hand to all of the other said organizing members, may
make permanent organization of such corporation and adopt bylaws for the same, which bylaws
may thereafter be amended or repealed by the members of such incorporated association in the
manner provided in the bylaws. At such organization meeting, the members of the board of directors
and such officers as provided for in this article and in the bylaws shall be elected. Each
association incorporated under this article shall, within 30 days after its incorporation,
adopt for its government and management bylaws not inconsistent with...
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6-6-253
Section 6-6-253 Interpleader by defendant of adverse claimant of property; force and effect
of bonds given. (a) If the defendant in a detinue action interpleads a claimant of the property
and the defendant is discharged as provided in the Alabama Rules of Civil Procedure and if
the defendant has retained possession of the chattels, giving bond, the court may order the
chattels to be delivered to such claimant on his giving bond with sufficient surety, to be
approved by the clerk, payable to the plaintiff in the penalty of the bond of the defendant
with condition that if he is not successful in the action he will, within 20 days thereafter,
deliver the chattels and pay all such damages as may be assessed for the detention thereof
and all costs adjudged against him. If such person refuses or neglects to give such bond for
three days after service of his first pleading or motion in the action, the chattels must
be delivered to the plaintiff on his giving bond with sufficient surety, to be...
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34-14C-6
Section 34-14C-6 Denial, suspension, or revocation of license; hearing; notice, penalties;
appeal. (a) The board may deny, suspend, or revoke a license as provided in this section.
(b) A license may not be denied, suspended, or revoked except by majority vote of the board
and with prior notice and opportunity for hearing in accordance with this chapter and the
Alabama Administrative Procedure Act. (c) The board may institute a hearing for denial, suspension,
or revocation of a license or any person may file a written complaint with the board seeking
the denial, suspension, or revocation of an application for licensure or license issued by
the board or the investigation of any unlicensed person or entity providing home medical equipment
services. The complaint shall be in a form prescribed by the board. (d) A copy of the charges,
including notice of the time and place of hearing, shall be served by certified mail, return
receipt requested, at least 21 days before the scheduled hearing...
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10A-3-4.04
Section 10A-3-4.04 Restated certificate of formation. (a) A domestic nonprofit corporation
may at any time restate its certificate of formation as theretofore amended, in the following
manner: (1) If there are members entitled to vote thereon, the board of directors shall adopt
a resolution setting forth the proposed restated certificate of formation and directing that
they be submitted to a vote at a meeting of members entitled to vote thereon, which may be
either an annual or a special meeting. (2) Written notice setting forth the proposed restated
articles or a summary of the provisions thereof shall be given to each member entitled to
vote thereon, within the time and in the manner provided in this chapter for the giving of
notice of meetings of members. If the meeting is an annual meeting, the proposed restated
articles or a summary of the provisions thereof may be included in the notice of the annual
meeting. (3) At the meeting a vote of the members entitled to vote thereon shall...
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10A-3-4.01
Section 10A-3-4.01 Procedure to amend certificate of formation of a nonprofit corporation.
(a) Amendments to the certificate of formation of a nonprofit corporation shall be made in
the following manner: (1) If there are members entitled to vote thereon, the board of directors
shall adopt a resolution setting forth the proposed amendment and directing that it be submitted
to a vote at a meeting of members entitled to vote thereon, which may be either an annual
or a special meeting. Written notice setting forth the proposed amendment or a summary of
the changes to be effected thereby shall be given to each member entitled to vote at the meeting
within the time and in the manner provided in this chapter for the giving of notice of meetings
of members. The proposed amendment shall be adopted upon receiving at least two-thirds of
the votes entitled to be cast by members present or represented by proxy at the meeting. (2)
If there are no members, or no members entitled to vote thereon, or...
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16-22-6
Section 16-22-6 Policies as to salary deductions; purposes for which deductions may be made;
application. (a) Each local board of education and certain postsecondary institutions shall
adopt policies or regulations which will provide for deductions from salaries of its employees
or groups of employees whenever a request is presented to the board or postsecondary institution
by the employees or groups. The deductions shall be made from salaries earned in at least
nine different pay periods and shall be remitted to the appropriate company, association,
or organization as specified by the employees within 10 days following each deduction. The
deductions may be made for, but not limited to, savings plans, tax sheltered annuities, the
Public Employees' Individual Retirement Account Fund, membership dues, voluntary contributions,
and group insurance premiums. Deductions for membership dues and voluntary contributions shall
be made based upon membership lists and forms provided by the...
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36-1-4.2
Section 36-1-4.2 Deductions from salaries of firefighters; procedure. All laws to the contrary
notwithstanding, every political subdivision of this state which employs full-time firefighters
shall adopt policies or regulations which will provide for deductions from the salaries of
its firefighters or groups of firefighters whenever a written request for such deductions
is submitted to the governing body of the (employer) political subdivision. Such deductions
shall be made on a monthly basis and shall be remitted to the appropriate company, association
or organization as specified by the employees within 10 days following each deduction. Such
deductions may be made for, but not limited to, tax sheltered annuities, membership dues,
the Public Employees' Individual Retirement Account Fund, voluntary contributions and group
insurance premiums. Deductions for membership dues shall be made based upon membership lists
and forms provided by the employees' organization. Such lists are to be...
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