|
10A-2-3.04
Section 10A-2-3.04 Ultra vires. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94
EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Except as provided
in subsection (b), the validity of corporate action may not be challenged on the ground that
the corporation lacks or lacked power to act. (b) A corporation's power to act may be challenged:
(1) In a proceeding by a shareholder against the corporation to enjoin the act; (2) In a proceeding
by the corporation, directly, derivatively, or through a receiver, trustee, or other legal
representative, against an incumbent or former director, officer, employee, or agent of the
corporation; or (3) In a proceeding by the Attorney General under Section 10A-2-14.30.
(c) In a shareholder's proceeding under subsection (b)(1) to enjoin an unauthorized corporate
act, the court may enjoin or set aside the act, if equitable and if all affected persons are
parties to the proceeding, and may award damages for loss, other than...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2-3.04.htm - 1K - Match Info - Similar pages
10A-3-2.44
Section 10A-3-2.44 Assertion of lack of capacity or power; defense of ultra vires No
act of a nonprofit corporation and no conveyance or transfer of real or personal property
to or by a nonprofit corporation shall be invalid by reason of the fact that the corporation
was without capacity of power to do an act or to make or receive a conveyance or transfer,
but lack of capacity of power may be asserted: (1) In a proceeding by a member or a director
against the nonprofit corporation to enjoin the doing or continuation of unauthorized acts,
or the transfer of real or personal property by or to the nonprofit corporation. If the unauthorized
acts or transfer sought to be enjoined are being, or are to be, performed pursuant to any
contract to which the nonprofit corporation is a party, the court may, if all of the parties
to the contract are parties to the proceeding and if it deems the same to be equitable, set
aside and enjoin the performance of the contract, and in so doing may allow to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-3-2.44.htm - 2K - Match Info - Similar pages
45-27-81
Section 45-27-81 Escambia County Law Library and Judidcial Administration Fund. (a)
In Escambia County, in order to provide a special fund for the creation and maintenance of
the law library and for the purposes of judicial administration as further specified in this
section, there shall be taxed as additional court costs the sum of thirty dollars ($30)
in each civil or quasi-civil action at law, small claims case, suit in equity, criminal case,
traffic case, quasi-criminal case, juvenile court case, proceeding on forfeited bail bond,
or a proceeding on a forfeited bond given in connection with an appeal from a judgment of
conviction in any district or municipal court to each circuit court or to the juvenile court
hereinafter filed in, arising in, or brought by appeal, certiorari, or otherwise to the circuit
court or district court or to the juvenile court in Escambia County. The costs shall be collected
as other costs in cases are collected by the clerk of the court and shall be paid...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27-81.htm - 3K - Match Info - Similar pages
10A-3-2.43
Section 10A-3-2.43 Power to indemnify directors or officers. Each nonprofit corporation
shall have the power to indemnify any director or officer or former director or officer of
the corporation, or any person who may have served at its request as a director or officer
of another corporation, whether profit or nonprofit, in which it owns shares of capital stock
or of which it is a creditor, against expenses actually and reasonably incurred by him or
her in connection with the defense of any action, suit, or proceeding, civil or criminal,
in which he or she is made a party by reason of being or having been such director or officer,
except in relation to matters as to which he or she shall be adjudged in the action, suit,
or proceeding to be liable for negligence or misconduct in the performance of his or her duty;
and to make any other indemnification that shall be authorized by the governing documents
of the nonprofit corporation, vote of the board of directors, or resolution adopted...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-3-2.43.htm - 1K - Match Info - Similar pages
19-3B-201
Section 19-3B-201 Role of court in administration of trust. (a) The court may intervene
in the administration of a trust to the extent its jurisdiction is invoked by an interested
person or as provided by law. (b) A trust is not subject to continuing judicial supervision
unless ordered by the court. (c) A judicial proceeding involving a trust may relate to any
matter involving the trust's administration, including a request for instructions and an action
to declare rights. (d) A judicial proceeding involving a trust may relate to any matter involving
the trust's administration, including, but not being limited to a proceeding to: (1) request
instructions; (2) determine the existence or nonexistence of any immunity, power, privilege,
duty or right; (3) approve a nonjudicial settlement; (4) interpret or construe the terms of
the trust; (5) determine the validity of a trust or of any of its terms; (6) approve a trustee's
report or accounting or compel a trustee to report or account; (7)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-201.htm - 2K - Match Info - Similar pages
26-2A-20
Section 26-2A-20 General definitions. As used in this chapter the following terms shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) CLAIMS. In respect of a protected person, includes liabilities of the protected person,
whether arising in contract, tort, or otherwise, and liabilities of the estate which arise
at or after the appointment of a conservator, including expenses of administration. (2) CONSERVATOR.
A person who is appointed by a court to manage the estate of a protected person and includes
a limited conservator described in Section 26-2A-148(a). (3) COURT. A probate court
of this state. (4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective
proceeding who is trained in law, nursing, or social work, is an officer, employee, or special
appointee of the court, and has no personal interest in the proceeding. (5) DISABILITY. Cause
for a protective order as described in Section 26-2A-130. (6) ESTATE. Includes...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-20.htm - 4K - Match Info - Similar pages
45-27-82
Section 45-27-82 Recovery of court costs. (a) The office of the district attorney serving
Escambia County, Alabama, shall be allowed to establish a court cost recovery division for
the purpose of collecting assessments, costs, fees, fines, or forfeitures due to be paid to
the State of Alabama, Escambia County, municipalities within Escambia County, or any agency
or subdivision of these governments as a result of any court action or proceeding. (b) The
court, the clerk of the court, or a probation officer shall notify the district attorney in
writing when any bail bond forfeitures, court costs, fines, penalty assessments, crime victims'
compensation assessments, or like assessments in any civil or criminal proceeding ordered
by the court to be paid to the state or municipality have been paid or are in default and
the default has not been vacated. Upon notification to the district attorney, the court cost
recovery division of the district attorney's office may collect or enforce the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27-82.htm - 3K - Match Info - Similar pages
45-37-73
Section 45-37-73 Curfew regulation. (a) The Jefferson County Commission may regulate
and restrict the activity of minors under 17 years of age in the unincorporated areas of the
county, by resolution or ordinance, in public places and establishments. (b) The resolution
or ordinance may include any one or more of the following: (1) Definitions of certain words
and terms and descriptions of the places and locations to which the regulation and restriction
are applicable. (2) The individuals who are responsible for violations, including parents
and custodians of the minors, and the responsibility of owners, operators, managers, and employees
of establishments. (3) The regulated or restricted curfew hours and the days of the week when
the curfew applies. (4) A requirement to post notice of the curfew hours. (5) The defenses
or situations and activities which are excluded from the resolution or ordinance. (c) A violation
of the curfew established by ordinance or resolution pursuant to this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-73.htm - 2K - Match Info - Similar pages
45-49-83.41
Section 45-49-83.41 Creation; procedures; collection and distribution of funds; enforcement.
The District Attorney for the Thirteenth Judicial Circuit of Alabama may establish a Recovery
Unit of the Special Services Division. The district attorney, after electing to establish
the unit, shall assign sufficient staff and resources to effectively operate the unit. The
recovery unit shall be created for the purpose of the administration, collection, and enforcement
of court costs, fines, fines for failure to appear in court, victim compensation assessments,
bail bond forfeitures, restitution, or other payments which are ordered in any criminal proceeding,
quasi-criminal, or any other court proceeding by any court including, but not limited to,
municipal courts, district courts, and circuit courts payable to the state, the county, to
any municipality, or town within the Thirteenth Judicial Circuit, to any crime victim on any
court order or judgment entered which has not been otherwise...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-83.41.htm - 6K - Match Info - Similar pages
10A-2A-2.07
Section 10A-2A-2.07 Forum selection provisions. (a) The certificate of incorporation
or the bylaws may require that any or all internal corporate claims shall be brought exclusively
in any specified court or courts of this state and, if so specified, in any additional courts
in this state or in any other jurisdictions with which the corporation has a reasonable relationship.
(b) A provision of the certificate of incorporation or bylaws adopted under subsection (a)
shall not have the effect of conferring jurisdiction on any court or over any person or claim,
and shall not apply if none of the courts specified by that provision has the requisite personal
and subject matter jurisdiction. If the court or courts of this state specified in a provision
adopted under subsection (a) do not have the requisite personal and subject matter jurisdiction
and another court of this state does have jurisdiction, then the internal corporate claim
may be brought in the other court of this state,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2A-2.07.htm - 2K - Match Info - Similar pages
|