Code of Alabama

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38-15-6
Section 38-15-6 Fees. (a)(1) The department may charge a fee for the registration. The fee
may be set by rule of the department and may be based on the type of facility and the capacity
of the facility. After the initial registration approval, the department may charge a renewal
fee annually on each anniversary of the effective date of the registration. The fees are for
the purpose of administering the registration program and enforcing the requirements specified
in this chapter and shall be set accordingly. (2) The department, at least every five years,
shall analyze initial application fees and annual fees issued by it to ensure the appropriate
fee amounts are charged. (b) In addition to fees established by the department, the department
shall also charge the following fees: (1) A fee in the amount of 50 percent of the established
application fee when an existing registered entity moves a facility to a new physical address.
(2) A fee in the amount of 50 percent of the established...
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10A-2A-6.24
Section 10A-2A-6.24 Stock rights, options, warrants, and awards. (a) A corporation may issue
rights, options, or warrants for the purchase of stock or other securities of the corporation.
The board of directors shall determine (i) the terms and conditions upon which the rights,
options, or warrants are issued and (ii) the terms, including the consideration for which
the stock or other securities are to be issued. The authorization by the board of directors
for the corporation to issue rights, options, or warrants constitutes authorization of the
issuance of the stock or other securities for which the rights, options, or warrants are exercisable.
(b) The terms and conditions of rights, options, or warrants may include restrictions or conditions
that: (1) preclude or limit the exercise, transfer, or receipt of rights, options, or warrants
by any person or persons owning or offering to acquire a specified number or percentage of
the outstanding stock or other securities of the corporation...
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11-101A-19
Section 11-101A-19 Authorization of securities. (a) Any resolution authorizing any securities
under this chapter may contain a recital that they are issued pursuant to this chapter, which
recital shall be conclusive evidence that the securities have been duly authorized pursuant
to this chapter, notwithstanding any other law now in force or hereafter enacted or amended.
Upon the adoption by the board of any resolution providing for the issuance of securities,
the authority may cause to be published once a week for two consecutive weeks in a newspaper
published in the county in which the principal office of the authority is located, or, if
there is no newspaper, then in a daily newspaper published in the state, a notice in substantially
the following form, with any appropriate changes, to the extent applicable and with the blanks
being properly filled in: " ___, a public corporation and instrumentality under the laws
of the State of Alabama, has authorized the...
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2-6-83
Section 2-6-83 Notice of resolution regarding issuance of securities; limitation of actions
to contest validity of securities; venue of actions under article. Upon the adoption by the
board of directors of the corporation of any resolution providing for the issuance of securities
under the provisions of this article, the corporation may, in its discretion, cause to be
published once a week for two consecutive weeks in a newspaper published and having general
circulation in the City of Montgomery, a notice in substantially the following form (the blanks
being first properly completed): "The Alabama Agricultural Markets and Coliseum Corporation
(an instrumentality of the State of Alabama), on the _____ day of ______, authorized the issuance
of $_____ principal amount of securities of the said corporation for purposes authorized in
the act of the Legislature of Alabama under which said corporation was organized. Any action
or proceeding questioning the validity of the said securities or...
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40-16-11
Section 40-16-11 Transition rules for Financial Institution Excise Tax Reform Act of 2019.
This section provides for transition rules for the implementation of the Financial Institution
Excise Tax Reform Act of 2019. (1) Act 2019-284 imposes for the first time a system of prepaid
estimated tax payments patterned after the federal system and transitions the Financial Institution
Excise Tax from the current post-payment system. To account for this transition, the Department
of Revenue shall waive both penalties and interest attributable to underpayments of estimated
tax payments occurring within the first two applicable tax years and not attributable to an
intentional disregard of the law. (2) Act 2019-284's conformity of the depreciation deduction
allowed in the calculation of the tax due under this chapter with the corollary deduction
allowed for federal income tax purposes, as well as the act's express rejection of the federal
Tax Cuts and Jobs Act of 2017's (i) limitations on the...
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45-17-90.53
Section 45-17-90.53 Duration of tax; referendum. (a) Subject to subsection (b), the taxes herein
authorized shall continue so long as securities secured by a pledge of such taxes shall remain
outstanding. Such taxes shall expire and the Local Public Corporation shall be abolished when
the original securities, including refunding securities hereafter issued to refund the original
securities, for the Shoals Economic Development Project shall have been paid in full. Securities,
for which an irrevocable trust fund consisting of cash or direct general obligations of the
United States of America, or both, shall be established for retirement of all of the principal
of or interest on any outstanding security, shall be deemed paid in full for the purposes
of this subpart. (b) Notwithstanding subsection (a), on the date when the original securities
for the Shoals Economic Development Project shall have been paid in full, the taxes herein
authorized and the Local Public Corporation shall continue...
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10A-16-1.02
Section 10A-16-1.02 Establishment; lawful purposes. A business trust may be established by
a declaration of trust, duly executed by one or more trustees, for any lawful purpose including,
but not limited to, acquiring, managing, improving, leasing, dealing in, selling, or otherwise
alienating, mortgaging, or otherwise incumbering real and personal property of all kinds and
descriptions, including dealing in, purchasing, holding, selling, and exchanging stocks, bonds,
mortgages, deeds of trust, and other securities of all kinds and descriptions; receiving the
income, dividends, rents, profits, and returns therefrom, and investing the same or distributing
the same to the beneficial owners of the trust in accordance with the terms of the declaration
of trust. (Acts 1961, Ex. Sess., No. 251, p. 2263, §2; §19-3-61; amended and renumbered
by Act 2009-513, p. 967, §318.)...
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10A-2-14.31
Section 10A-2-14.31 Procedure for judicial dissolution. REPEALED IN THE 2019 REGULAR SESSION
BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
Venue for a proceeding to dissolve a corporation lies in the county where a corporation's
articles of incorporation are filed, or, in the case of a corporation created by an act of
the Legislature prior to the adoption of the Constitution of Alabama of 1901, or which resulted
from a merger or consolidation, in Montgomery County. (b) It is not necessary to make shareholders
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 pendente lite with all powers and duties the court directs, take other
action required to preserve the corporate assets wherever located, and carry on the business
of the corporation until a full hearing can be held. (d)...
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10A-2-8.55
Section 10A-2-8.55 Determination and authorization of indemnification. REPEALED IN THE 2019
REGULAR SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE
SUPPLEMENT. (a) A corporation may not indemnify a director under Section 10A-2-8.51 unless
authorized in the specific case after a determination has been made that indemnification of
the director is permissible in the circumstances because the director has met the standard
of conduct set forth in Section 10A-2-8.51. (b) The determination shall be made: (1) By the
board of directors by majority vote of a quorum consisting of directors not at the time parties
to the proceeding; (2) If a quorum cannot be obtained under subdivision (1), by majority vote
of a committee duly designated by the board of directors, in which designation directors who
are parties may participate, consisting solely of two or more directors not at the time parties
to the proceeding; (3) By special legal counsel; (i) Selected by the...
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10A-2A-13.21
Section 10A-2A-13.21 Notice of intent to demand payment and consequences of voting or consenting.
(a) If a corporate action specified in Section 10A-2A-13.02(a) is submitted to a vote at a
stockholders' meeting, a stockholder who wishes to assert appraisal rights with respect to
any class or series of stock: (1) shall deliver to the corporation, before the vote is taken,
written notice of the stockholder's intent to demand payment if the proposed action is effectuated;
and (2) shall not vote, or cause or permit to be voted, any stock of the class or series in
favor of the proposed action. (b) If a corporate action specified in Section 10A-2A-13.02(a)
is to be approved by written consent, a stockholder who wishes to assert appraisal rights
with respect to any class or series of stock shall not sign a consent in favor of the proposed
action with respect to that class or series of stock. (c) If a corporate action specified
in Section 10A-2A-13.02(a) does not require stockholder approval...
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