10A-2A-8.09
Section 10A-2A-8.09 Removal of directors by judicial proceeding. (a) The designated court,
and if none, the circuit court for the county in which the corporation's principal office
is located in this state, and if none in this state, the circuit court for the county in which
the corporation's most recent registered office is located may remove a director from office
or may order other relief, including barring the director from reelection for a period prescribed
by the court, in a proceeding commenced by or in the right of the corporation if the court
finds that (i) the director engaged in fraudulent conduct with respect to the corporation
or its stockholders, grossly abused the position of director, or intentionally inflicted harm
on the corporation; and (ii) considering the director's course of conduct and the inadequacy
of other available remedies, removal or such other relief would be in the best interest of
the corporation. (b) A stockholder proceeding on behalf of the corporation...
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10A-2A-14.10
is located may dissolve a corporation: (1) in a proceeding by the Attorney General if it is
established that: (i) the corporation obtained its certificate of incorporation through fraud;
or (ii) the corporation has continued to exceed or abuse the authority conferred upon it by
law; (2) in a proceeding by a stockholder if it is established that: (i) the directors are
deadlocked in the management of the corporate affairs, the stockholders are unable to break
the deadlock, and irreparable injury to the corporation is threatened or being suffered,
or the business and affairs of the corporation can no longer be conducted to the advantage
of the stockholders generally, because of the deadlock; (ii) the directors or those in control
of the corporation have acted, are acting, or will act in a manner that is illegal, oppressive,
or fraudulent; (iii) the stockholders are deadlocked in voting power and have failed, for
a period that includes at least two consecutive annual meeting dates, to...
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45-37A-240.01
Section 45-37A-240.01 Prisoner transport fee. (a)(1) Notwithstanding any law to the contrary,
the Municipal Court of the City of Hoover, Alabama, may assess a prisoner transport fee against
a defendant for expenses incurred in transporting the defendant on a Hoover Municipal Court
misdemeanor warrant from another municipal jail, county jail, or a state detention facility
to the Hoover Municipal Detention Facility. (2) The fee provided in this section may be assessed
in all criminal cases by the municipal judge when a transport is required as described in
subdivision (1), and may be collected only when a defendant is adjudicated guilty or pleads
guilty on or after May 24, 2005. The prisoner transport fee shall be collected from the defendant
as court costs and other fees are collected. (3) Assessment of a prisoner transport fee by
the municipal court is permitted only when transport of a defendant is required from outside
the police jurisdiction of the City of Hoover, but within the...
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45-37A-270
Section 45-37A-270 Prisoner transport fee. (a)(1) Notwithstanding any law to the contrary,
the Municipal Court of the City of Irondale in Jefferson County may assess a prisoner transport
fee against a defendant for expenses incurred in transporting the defendant on an Irondale
Municipal Court misdemeanor warrant from another municipal jail, county jail, or a state detention
facility to the municipal jail for the City of Irondale. (2) The fee provided in this section
may be assessed in all criminal cases by the municipal judge when a transport is required
as described in subdivision (1), and may be collected only when a defendant is adjudicated
guilty or pleads guilty on or after May 22, 2013. The prisoner transport fee shall be collected
from the defendant as court costs and other fees are collected. (3) Assessment of a prisoner
transport fee by the municipal court is permitted only when transport of a defendant is required
from outside the police jurisdiction of the City of Irondale,...
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10A-2A-10.09
Section 10A-2A-10.09 Effect of amendment. (a) An amendment to the certificate of incorporation
does not affect a cause of action existing against or in favor of the corporation, a proceeding
to which the corporation is a party, or the existing rights of persons other than the stockholders.
An amendment changing a corporation's name does not affect a proceeding brought by or against
the corporation in its former name. (b) A stockholder who becomes subject to new personal
liability in respect of the corporation as a result of an amendment to the certificate of
incorporation shall have that new personal liability only in respect of interest holder
liabilities that arise after the amendment becomes effective. (c) Except as otherwise provided
in the certificate of incorporation of the corporation, the personal liability of a
stockholder who had personal liability in respect of the corporation before the amendment
becomes effective and has new personal liability after the amendment becomes...
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10A-2A-14.11
Section 10A-2A-14.11 Procedure for judicial dissolution. (a) Venue for a proceeding by the
attorney general to dissolve a corporation lies in circuit court for the county in which the
corporation's principal office is located in this state, and if none in this state, in the
circuit court for the county in which the corporation's most recent registered office is located.
Venue for a proceeding brought by any other party named in Section 10A-2A-14.10(a) lies in
circuit court for the county in which the corporation's principal office is located in this
state, and if none in this state, in the circuit court for the county in which the corporation's
most recent registered office is located. (b) It is not necessary to make stockholders parties
to a proceeding to dissolve a corporation unless relief is sought against them individually.
(c) A court in a proceeding brought to dissolve a corporation may issue injunctions, appoint
a receiver or custodian during the proceeding with all powers and...
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10A-3-7.11
Section 10A-3-7.11 Procedure in liquidation of corporation by court. (a) In proceedings to
liquidate the assets and affairs of a nonprofit corporation, the court shall have the power
to issue restraining orders or injunctions, to appoint a receiver or receivers pendente lite,
with the powers and duties as the court, from time to time, may direct, and to take other
proceedings as may be requisite to preserve the corporate assets wherever situated, and carry
on the affairs of the nonprofit corporation until a full hearing can be had. (b) After a hearing
had upon the notice as the court may direct to be given to all parties to the proceedings
and to any other parties in interest designated by the court, the court may appoint a liquidating
receiver or receivers with authority to collect the assets of the nonprofit corporation. The
liquidating receiver or receivers shall have authority, subject to the order of the court,
to sell, convey, and dispose of all or any part of the assets of the...
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18-4-16
Section 18-4-16 Expenses incurred from condemnation proceedings. Where a condemnation proceeding
is instituted by a state agency to acquire real property and the final judgment is that the
real property cannot be acquired by condemnation, and the proceeding is abandoned, the owner
of any right, title, or interest in real property shall be paid a sum that shall, in the opinion
of the court, reimburse the owner for his or her reasonable costs, disbursements, and expenses
including reasonable attorney, appraisal, and engineering fees, actually incurred because
of the condemnation proceedings. The award of the sums will be paid by the state agency which
sought to condemn the property. (Act 99-582, p. 1318, §17.)...
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18-4-17
Section 18-4-17 Expenses incurred from declaratory judgment proceedings. Where a declaratory
judgment proceeding is instituted by the owner of any right, title, or interest in real property
because of use of his or her property in any program or project undertaken by a state agency,
the court, rendering a judgment for the plaintiff in the proceeding and awarding compensation
for the taking of property, or the Attorney General effecting a settlement of any proceeding,
shall determine and award or allow to a plaintiff, as a part of a judgment or settlement,
a sum that shall, in the opinion of the court or the Attorney General, as the case may be,
reimburse the plaintiff for his or her reasonable costs, disbursements, and expenses, including
reasonable attorney, appraisal, and engineering fees, actually incurred because of the proceeding.
(Act 99-582, p. 1318, §18.)...
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6-6-187
Section 6-6-187 Subjecting unpaid subscriptions to satisfy payment of judgment against corporation.
A judgment creditor of a corporation, having an execution returned, "no property found,"
may, by complaint in a court of competent jurisdiction, subject to the payment of his judgment
the unpaid subscription of one or more stockholders in such corporation without joining the
other stockholders and without regard to whether the corporation has called for such subscription
or could commence an action therefor against the stockholder. (Code 1896, §823; Code 1907,
§3744; Code 1923, §7347; Code 1940, T. 7, §902.)...
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