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10A-2-8.42
Section 10A-2-8.42 Standards of conduct for officers. REPEALED IN THE 2019 REGULAR SESSION
BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
An officer with discretionary authority shall discharge his or her duties under that authority:
(1) In good faith; (2) With the care an ordinarily prudent person in a like position would
exercise under similar circumstances; and (3) In a manner he or she reasonably believes to
be in the best interests of the corporation. (b) In discharging his or her duties an officer
is entitled to rely on information, opinions, reports, or statements, including financial
statements and other financial data, if prepared or presented by: (1) One or more officers
or employees of the corporation whom the officer reasonably believes to be reliable and competent
in the matters presented; or (2) Legal counsel, public accountants, certified public accountants,
or other persons as to matters the officer reasonably believes are...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have the following
meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and
who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING.
An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme
Court of Alabama, a federal court of appeals, or the United States Supreme Court. (3) ARREST.
The actual custodial restraint of a person or his or her submission to custody. (4) COMMUNITY
STATUS. Extension of the limits of the places of confinement of a prisoner through work release,
supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave,
passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME VICTIM
ADVOCATE. A person who is employed or authorized by a public entity or a private entity that
receives public funding primarily to provide...
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2-17-24
Section 2-17-24 Conduct of investigations and requirement of reports as to organization, business,
practices, etc., of persons, firms, etc., engaged in intrastate commerce by commissioner;
access to copying, etc., of documentary evidence; powers of commissioner as to witnesses generally;
issuance of subpoenas and orders for taking of depositions; enforcement of subpoenas and orders
of commissioner, etc., generally; fees of witnesses, etc.; witnesses not to be excused from
testifying on grounds of self-incrimination; immunity from prosecution of witnesses as to
matters, etc., upon which compelled to testify. (a) The commissioner shall also have power:
(1) To gather and compile information concerning and to investigate from time to time the
organization, business, conduct, practices and management of any person, firm or corporation
engaged in intrastate commerce and the relation thereof to other persons, firms and corporations;
(2) To require, by general or special order, persons, firms...
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15-12-1
Section 15-12-1 Definitions. When used in this chapter, the following terms shall have the
following meanings: (1) APPOINTED COUNSEL. Any attorney licensed to practice law in the State
of Alabama who is appointed by the court to represent an indigent defendant. (2) CONTRACT
COUNSEL. Any attorney licensed to practice law in the State of Alabama, or a firm, association,
corporation, or partnership of lawyers so licensed, executing a contract for the provision
of indigent defense services. (3) DIRECTOR. The Director of the Office of Indigent Defense
Services. (4) INDIGENT DEFENDANT. Any person involved in a criminal or juvenile proceeding
in the trial or appellate courts of the state for which proceeding representation by counsel
is constitutionally required or is authorized or required by statute or court rule, including
parents of children during the termination of parental rights hearings, who under oath or
affirmation states that he or she is unable to pay for his or her...
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26-10A-24
Section 26-10A-24 Contested hearing. (a) Whenever a motion contesting the adoption is filed,
the court shall set the matter for a contested hearing to determine: (1) Whether the best
interests of the adoptee will be served by the adoption. (2) Whether the adoptee is a person
capable of being adopted by the petitioner in accordance with the requirements of this chapter.
(3) Whether an actual or implied consent or relinquishment to the adoption is valid. (4) Whether
a consent or relinquishment may be withdrawn. (b) The court shall give notice of the contested
hearing by certified mail to all parties who have appeared before the court. The moving party
and each petitioner shall be present at the contested hearing. The guardian ad litem shall
appear and represent the interests of the adoptee. (c) The court may continue the hearing
from time to time to permit notice to all parties, or to permit further discovery, observation,
investigation, or consideration of any fact or circumstances...
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40-14B-1
Section 40-14B-1 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) AFFILIATE. An affiliate of another person shall include any of the following:
a. A person who directly or indirectly either: 1. Beneficially owns 15 percent or more of
the outstanding voting securities or other voting ownership interests of the other person,
whether through rights, options, convertible interests, or otherwise; or 2. Controls or holds
power to vote 15 percent or more of the outstanding voting securities or other voting ownership
interests of the other person. b. A person owning 15 percent or more of the outstanding voting
securities or other voting ownership interests of which are directly or indirectly either:
1. Beneficially owned by the other person, whether through rights, options, convertible interests,
or otherwise; or 2. Controlled or held with power to vote by the other person. c. A partnership
or limited liability company in which the other person...
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10A-1-1.03
Section 10A-1-1.03 Definitions. As used in this title, unless the context otherwise requires,
the following terms mean: (1) AFFILIATE. A person who controls, is controlled by, or is under
common control with another person. An affiliate of an individual includes the spouse, or
a parent or sibling thereof, of the individual, or a child, grandchild, sibling, parent, or
spouse of any thereof, of the individual, or an individual having the same home as the individual,
or a trust or estate of which an individual specified in this sentence is a substantial beneficiary;
a trust, estate, incompetent, conservatee, protected person, or minor of which the individual
is a fiduciary; or an entity of which the individual is director, general partner, agent,
employee or the governing authority or member of the governing authority. (2) ASSOCIATE. When
used to indicate a relationship with: (A) a domestic or foreign entity for which the person
is: (i) an officer or governing person; or (ii) a beneficial...
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12-15-308
Section 12-15-308 Filing of petition and conduct of 72-hour hearing as to necessity for continuation
of shelter care of a child. (a) When a child alleged to be dependent has been removed from
the custody of the parent, legal guardian, or legal custodian and has not been returned to
same, a hearing shall be held within 72 hours from the time of removal, Saturdays, Sundays,
and holidays included, to determine whether continued shelter care is required. (b) Notice
of the 72-hour hearing requirement, either verbal or written, stating the date, time, place,
and purpose of the hearing and the right to counsel shall be given to the parent, legal guardian,
or legal custodian if he or she can be found. (c) At the commencement of the 72-hour hearing
requirement, the juvenile court shall advise the parent, legal guardian, or legal custodian
of the right to counsel and shall appoint counsel if the juvenile court determines he or she
is indigent. If the juvenile court already has not done so, it...
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10A-2A-11.04
Section 10A-2A-11.04 Action on a plan of merger or stock exchange. In the case of a corporation
that is a constituent organization or the acquired entity in a stock exchange, the plan of
merger or stock exchange shall be adopted in the following manner: (a) The plan of merger
or stock exchange shall first be adopted by the board of directors. (b) Except as provided
in subsections (h), (j), and (l) and in Section 10A-2A-11.05, the plan of merger or stock
exchange shall then be approved by the stockholders. In submitting the plan of merger or stock
exchange to the stockholders for approval, the board of directors shall recommend that the
stockholders approve the plan or, in the case of an offer referred to in subsection (j)(2),
that the stockholders tender their stock to the offeror in response to the offer, unless (i)
the board of directors makes a determination that because of conflicts of interest or other
special circumstances it should not make a recommendation or (ii) Section...
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12-15-129
Section 12-15-129 Conduct of hearings generally. All hearings pursuant to this chapter shall
be conducted by the juvenile court without a jury and separate from other proceedings. The
general public shall be excluded from delinquency, in need of supervision, or dependency hearings
and only the parties, their counsel, witnesses, and other persons requested by a party shall
be admitted. Other persons as the juvenile court finds to have a proper interest in the case
or in the work of the juvenile court may be admitted by the juvenile court on condition that
the persons refrain from divulging any information which would identify the child under the
jurisdiction of the juvenile court or family involved. If the juvenile court finds that it
is in the best interests of the child under the jurisdiction of the juvenile court, the child
may be temporarily excluded from the hearings, except while allegations of delinquency or
in need of supervision are being heard. (Acts 1975, No. 1205, p. 2384,...
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