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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 REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE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
circuit judge shall draw warrants on the county for expenditures by indicating on the warrants
the funds against which the warrants are to be drawn. The management of the law library shall
be vested in the presiding judge of the circuit court, and all books, periodicals, reports,
and other property purchased with the funds produced by this section shall be the property
of Escambia County. The presiding judge may from time to time sell or exchange the books,
reports, periodicals, and other personal property as may be necessary to keep the library
up to date and apply the proceeds of the sale thereof or the value thereof upon the purchase
of other books, reports, periodicals, and personal property for use in the library.
The presiding judge of the circuit court may accept any gift or loan of any books, reports,
periodicals, and other property for public use in the library upon the terms and conditions
as may be stipulated by the donor or lender thereof as may be agreeable to the judge....
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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
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 the property
of the person whose affairs are subject to this chapter. (7) GUARDIAN. A person who has qualified
as a guardian of a minor or incapacitated person pursuant to parental or spousal nomination
or court appointment and includes a limited guardian as described in Sections 26-2A-78(e)
and 26-2A-105(c), but excludes one who is merely a guardian ad litem. (8)...
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
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, notwithstanding that the other court of this state is not specified in that provision,
and in any other court specified in that provision that has the requisite...
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