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10A-2A-8.32
Section 10A-2A-8.32 Directors' liability for unlawful distributions. (a) A director who votes
for or assents to a distribution in excess of what may be authorized and made pursuant to
Section 10A-2A-6.40(a) or Section 10A-2A-14.08(a) is personally liable to the corporation
for the amount of the distribution that exceeds what could have been distributed without violating
Section 10A-2A-6.40(a) or Section 10A-2A-14.08(a) if the party asserting liability establishes
that when taking the action the director did not comply with Section 10A-2A-8.30. (b) A director
held liable under subsection (a) for an unlawful distribution is entitled to: (1) contribution
from every other director who could be held liable under subsection (a) for the unlawful distribution;
and (2) recoupment from each stockholder of the pro-rata portion of the amount of the unlawful
distribution the stockholder accepted, knowing the distribution was made in violation of Section
10A-2A-6.40(a) or Section 10A-2A-14.08(a)....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2A-8.32.htm - 2K - Match Info - Similar pages
10A-2A-8.51
Section 10A-2A-8.51 Permissible indemnification. (a) Except as otherwise provided in this section,
a corporation may indemnify an individual who is a party to a proceeding because the individual
is a director against liability incurred in the proceeding if: (1) (i) the director conducted
himself or herself in good faith; and (ii) the director reasonably believed: (A) in the case
of conduct in an official capacity, that his or her conduct was in the best interests of the
corporation; and (B) in all other cases, that his or her conduct was at least not opposed
to the best interests of the corporation; and (iii) in the case of any criminal proceeding,
the director had no reasonable cause to believe his or her conduct was unlawful; or (2) the
director engaged in conduct for which broader indemnification has been made permissible or
obligatory under a provision of the certificate of incorporation (as authorized by Section
10A-2A-2.02(b)(5)). (b) A director's conduct with respect to an...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2A-8.51.htm - 2K - Match Info - Similar pages
28-3-4
Section 28-3-4 Provisions for maintenance of separation of financial and business interests
between classes of businesses regulated by chapter. (a) No manufacturer and no officer or
director of any manufacturer shall at the same time be a distributor, wholesaler or retail
dispenser or an officer, director or stockholder or creditor of any distributor, wholesaler
or retail dispenser, nor, except as provided in this section, be the owner, proprietor or
lessor of any place covered directly or indirectly by any distributor's or wholesaler's malt
or brewed beverage liquor license. (b) No distributor or wholesaler and no officer or director
of any distributor or wholesaler shall at the same time be a manufacturer or retailer or be
an officer, director, stockholder or creditor of a manufacturer or retailer or be the owner,
proprietor or lessor of any place covered by any other malt or brewed beverage or liquor license.
(c) No licensee licensed under this chapter shall directly or indirectly...
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45-29-140.16
Section 45-29-140.16 Notice requirements, etc.; regulatory control and supervision. (a) Except
as expressly otherwise provided in this article, no proceeding, notice, or approval shall
be required for the incorporation of the authority or the amendment of its certificate of
incorporation, the acquisition of any property, water system, or fire protection facility
or the issuance of any mortgage and deed of trust or trust indenture. (b) The authority, every
water system or fire protection facility owned by the authority or leased or subleased to
a county, and the rates and charges thereof shall be exempt from all jurisdiction of and all
regulation and supervision by the Alabama Public Service Commission and neither a public hearing
nor the consent of the Department of Finance shall be prerequisite to any transaction between
or with the authority and the county or between the authority or the county and any vendor,
vendee, lessor, or lessee to or from the authority. (Act 89-188, p. 169,...
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45-38-141.16
Section 45-38-141.16 Notice requirements, etc.; regulatory control and supervision. (a) Except
as expressly otherwise provided in this part, no proceeding, notice, or approval shall be
required for the incorporation of the authority or the amendment of its certificate of incorporation,
the acquisition of any property, water system, or fire protection facility, or the issuance
of any mortgage and deed of trust or trust indenture. (b) The authority, every water system
or fire protection facility owned by the authority or leased or subleased to a county, and
the rates and charges thereof shall be exempt from all jurisdiction of and all regulation
and supervision by the Alabama Public Service Commission and neither a public hearing nor
the consent of the State Department of Finance shall be prerequisite to any transaction between
or with the authority and the county or between the authority or the county and any vendor,
vendee, lessor, or lessee to or from the authority. (Act 89-472, p....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-38-141.16.htm - 1K - Match Info - Similar pages
22-6-163
Section 22-6-163 Legislative findings; rules; collaboration; approval of agreements and contracts;
state action immunity; confidentiality of records; additional duties. (a) The Legislature
declares that collaboration among public payers, private health carriers, third party purchasers,
and providers to identify appropriate service delivery systems and reimbursement methods in
order to align incentives in support of integrated and coordinated health care delivery is
in the best interest of the public. Collaboration pursuant to this article is to provide quality
health care at the lowest possible cost to Alabama citizens who are Medicaid eligible. The
Legislature, therefore, declares that this health care delivery system affirmatively contemplates
the foreseeable displacement of competition, such that any anti-competitive effect may be
attributed to the state's policy to displace competition in the delivery of a coordinated
system of health care for the public benefit. In furtherance of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-6-163.htm - 6K - Match Info - Similar pages
36-18-35
Section 36-18-35 Unlawful influence; conflict of interest; penalties. (a) Any person who confers,
offers, or agrees to confer anything of value upon any director, agent, or employee of the
Alabama Department of Forensic Sciences with the intent that such director's, agent's, or
employee's vote, opinion, judgment, or exercise of discretion or other official action will
thereby be influenced, shall be guilty of a Class B felony. (b) Any director, agent, or employee
of the Alabama Department of Forensic Sciences who shall solicit, accept, or agree to accept
anything of value upon any agreement or understanding that such director's, agent's, or employee's
vote, opinion, judgment, or exercise of discretion or other action as such director, agent,
or employee will thereby be influenced, shall be guilty of a Class B felony. (c) A director,
agent, or employee of the Alabama Department of Forensic Sciences commits the crime of failing
to disclose a conflict of interest if the director, agent,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-18-35.htm - 2K - Match Info - Similar pages
45-37-121.09
Section 45-37-121.09 Director of personnel - Powers and duties. The director of personnel,
subject to this section and approval of the personnel board, shall: (1) Appoint or remove
such subordinates as may be necessary to administer a scientific and economical personnel
system and fix their compensation. (2) Prepare and submit to the board for its consideration
and approval such forms, rules, and regulations as are necessary to carry out this section
including the rules governing examination, appointments, suspensions, dismissals, certification
of eligibles, reduction in force, sick leave, leave of absence, resignation, reinstatements,
promotions, demotions, transfers, salary adjustments, and any and all other rules and regulations
necessary for administering a scientific and economical personnel system. Such rules and regulations
shall be approved by a three-fourths majority of the personnel board before becoming effective
after which they shall have the force and effect of law unless...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-121.09.htm - 5K - Match Info - Similar pages
8-8-10
Section 8-8-10 Interest on money judgments and costs. (a) Judgments for the payment of money,
other than costs, if based upon a contract action, bear interest from the day of the cause
of action, at the same rate of interest as stated in the contract; all other judgments shall
bear interest at the rate of 7.5 percent per annum, the provisions of Section 8-8-1 to the
contrary notwithstanding; provided, that fees allowed a trustee, executor, administrator,
or attorney and taxed as a part of the cost of the proceeding shall bear interest at a like
rate from the day of entry. (b) This section shall apply to all judgments entered on and after
September 1, 2011. (Code 1852, §1521; Code 1867, §1829; Code 1876, §2090; Code 1886, §1752;
Code 1896, §2628; Code 1907, §4621; Code 1923, §8565; Code 1940, T. 9, §63; Acts 1953,
No. 64, p. 96; Acts 1981, 3rd Ex. Sess., No. 81-1115, p. 379; Acts 1982, No. 82-443, p. 696;
Act 2011-521, p. 837, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-8-10.htm - 1K - Match Info - Similar pages
10A-1-1.04
Section 10A-1-1.04 Disinterested person. (a) For purposes of this title, a person is disinterested
with respect to the approval of a contract, transaction, or other matter or to the consideration
of the disposition of a claim or challenge relating to a contract, transaction, or particular
conduct, if the person or the person's associate: (1) is not a party to the contract or transaction
or materially involved in the conduct that is the subject of the claim or challenge; and (2)
does not have a material financial interest in the outcome of the contract or transaction
or the disposition of the claim or challenge. (b) For purposes of subsection (a), a person
is not materially involved in the conduct that is the subject of a claim or challenge and
does not have a material financial interest in the outcome of a contract or transaction or
the disposition of a claim or challenge solely because: (1) the person was nominated or elected
as a governing person by a person who is: (A) interested in...
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