11-85-105
Section 11-85-105 Powers of the authority. The authority shall have the following powers: (1)
To have succession by its corporate name until dissolved as provided in this article. (2)
To institute and defend legal proceedings in any court of competent jurisdiction and proper
venue; provided, that the authority may not be sued in any trial court other than the courts
of the county in which is located the principal office of the authority; provided further,
that the officers, directors, and agents of the authority may not be sued for action on behalf
of the authority in any trial court other than the courts of the county in which is located
the principal office of the authority. (3) To have and to use a corporate seal and to alter
the seal at pleasure. (4) To establish a fiscal year. (5) To anticipate by the issuance of
its bonds the receipt of the revenues appropriated and pledged in this article. (6) To pledge
the proceeds of the appropriations and pledges provided for in this article...
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19-3B-802
Section 19-3B-802 Duty of loyalty. (a) A trustee shall administer the trust solely in the interests
of the beneficiaries. (b) Subject to the rights of persons dealing with or assisting the trustee
as provided in Section 19-3B-1012, a sale, encumbrance, or other transaction involving the
investment or management of trust property entered into by the trustee for the trustee's own
personal account or which is otherwise affected by a conflict between the trustee's fiduciary
and personal interests is voidable by a beneficiary affected by the transaction unless: (1)
the transaction was authorized by the terms of the trust; (2) the transaction was approved
by the court; (3) the beneficiary did not commence a judicial proceeding within the time allowed
by Section 19-3B-1005; (4) the beneficiary consented to the trustee's conduct, ratified the
transaction, or released the trustee in compliance with Section 19-3B-1009; or (5) the transaction
involves a contract entered into or claim acquired by...
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24-1A-5
Section 24-1A-5 Powers of authority. The authority shall have the following powers: (1) To
have succession by its corporate name until the principal of and interest on the bonds shall
have been fully paid and until it shall have been dissolved as provided in this chapter; (2)
To sue and be sued and to prosecute and defend in any court having jurisdiction of the subject
matter and of the parties thereto; (3) To adopt and use a corporate seal and to alter the
seal at pleasure; (4) To establish a fiscal year; (5) To maintain an office in the City of
Montgomery; (6) To adopt, and from time to time amend and repeal, bylaws and rules and regulations,
not inconsistent with this chapter, to carry into effect the powers and purposes of the authority
in the conduct of its business; (7) To purchase mortgage loans from mortgage lenders; (8)
To contract with mortgage lenders for the origination of, or the servicing, of mortgage loans
to be made by such mortgage lenders and the servicing of the...
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7-8-210
Section 7-8-210 Overissue. (a) In this section, "overissue" means the issue of securities
in excess of the amount the issuer has corporate power to issue, but an overissue does not
occur if appropriate action has cured the overissue. (b) Except as otherwise provided in subsections
(c) and (d), the provisions of this article which validate a security or compel its issue
or reissue do not apply to the extent that validation, issue, or reissue would result in overissue.
(c) If an identical security not constituting an overissue is reasonably available for purchase,
a person entitled to issue or validation may compel the issuer to purchase the security and
deliver it if certificated or register its transfer if uncertificated, against surrender of
any security certificate the person holds. (d) If a security is not reasonably available for
purchase, a person entitled to issue or validation may recover from the issuer the price the
person or the last purchaser for value paid for it with...
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10A-2A-7.32
Section 10A-2A-7.32 Stockholder agreements. (a) An agreement among the stockholders of a corporation
that complies with this section is effective among the stockholders and the corporation even
though it is inconsistent with one or more other provisions of this chapter in that it: (1)
eliminates the board of directors or restricts the discretion or powers of the board of directors;
(2) governs the authorization or making of distributions, regardless of whether they are in
proportion to ownership of stock, subject to the limitations in Section 10A-2A-6.40; (3) establishes
who shall be directors or officers of the corporation, or their terms of office or manner
of selection or removal; (4) governs, in general or in regard to specific matters, the exercise
or division of voting power by or between the stockholders and directors or by or among any
of them, including use of weighted voting rights or director proxies; (5) establishes the
terms and conditions of any agreement for the transfer...
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11-88-21
Section 11-88-21 When proceedings, notice, etc., for incorporation of authority, acquisition
of property, issuance of bonds, etc., required; exemption of authority, etc., from jurisdiction
and regulation of Public Service Commission, etc. Except as expressly otherwise provided in
this article or Article 2 of this chapter no proceeding, notice, or approval shall be required
for the incorporation of any authority or the amendment of its certificate of incorporation,
the acquisition of any property, water system, sewer system, or fire protection facility or
the issuance of any bonds, mortgage, and deed of trust or trust indenture. The authority,
every water system, sewer system, or fire protection facility owned by the authority or leased
or subleased to a determining 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...
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26-1A-120
Section 26-1A-120 Liability for refusal to accept acknowledged power of attorney. (a) Except
as otherwise provided in subsection (b): (1) a person shall either effect a requested transaction
in reliance upon an acknowledged power of attorney or request a certification, a translation,
or an opinion of counsel under Section 26-1A-119(d) within a reasonable time after presentation
of the power of attorney and a request to effect the transaction; (2) if a person requests
a certification, a translation, or an opinion of counsel under Section 26-1A-119(d), the person
shall effect the transaction in reliance upon the power of attorney within a reasonable time
after receipt of the certification, translation, or opinion of counsel; and (3) a person may
not require an additional or different form of power of attorney for authority granted in
the power of attorney presented. (b) A person is not required to effect a transaction in reliance
upon an acknowledged power of attorney: (1) if the person...
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35-9A-123
Section 35-9A-123 Jurisdiction and service of process. (a) The district and circuit courts
of this state, according to their respective established jurisdictions, may exercise jurisdiction
over any landlord with respect to any conduct in this state governed by this chapter or with
respect to any claim arising from a transaction subject to this chapter. In addition to any
other method provided by rule or by statute, personal jurisdiction over a landlord may be
acquired in a civil action or proceeding instituted in the court by the service of process
in the manner provided by this section. (b) If a landlord is not a resident of this state
or is a business entity not authorized to do business in this state and engages in any conduct
in this state governed by this chapter, or engages in a transaction subject to this chapter,
the entity may be served as provided by Rule 4 of the Alabama Rules of Civil Procedure. (Act
2006-316, p. 668, §1.)...
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41-10-425
Section 41-10-425 Powers of the authority. The authority shall have the following powers among
others specified in this article: (1) To have succession by its corporate names until dissolved
as provided in this article; (2) To institute or maintain legal proceedings in any court of
competent jurisdiction to enforce its contractual, statutory and other rights; (3) To have
and to use a corporate seal and to alter the same at pleasure; (4) To make and alter all needful
bylaws, rules and regulations for transaction of the authority's business and the control
of its property affairs; (5) The authority may, from time to time, borrow an amount not to
exceed $400,000.00, as may be needed, to acquire, hold title to real property, to prepare
and construct facilities and to sell, convey, lease, leaseback or rent and maintain that certain
property located in the City of Montgomery, Montgomery County, Alabama, which is owned by
and in the name and interest of the State of Alabama and the Real...
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7-9A-702
Section 7-9A-702 Savings clause. (a) Pre-effective-date transactions or liens. Except as otherwise
provided in this part, this article applies to a transaction or lien within its scope, even
if the transaction or lien was entered into or created before this article takes effect. (b)
Continuing validity. Except as otherwise provided in subsection (c) and Sections 7-9A-703
through 7-9A-709: (1) transactions and liens that were not governed by former Article 9, were
validly entered into or created before January 1, 2002, and would be subject to this article
if they had been entered into or created after January 1, 2002, and the rights, duties, and
interests flowing from those transactions and liens remain valid after January 1, 2002; and
(2) the transactions and liens may be terminated, completed, consummated, and enforced as
required or permitted by this article or by the law that otherwise would apply if this article
had not taken effect. (c) Pre-effective-date proceedings. This article...
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