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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...
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10A-2-8.51
Section 10A-2-8.51 Authority to indemnify. REPEALED IN THE 2019 REGULAR SESSION BY ACT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 (d), a corporation may indemnify an individual made a party to a
proceeding because he or she is or was a director against liability incurred in the proceeding
if: (1) The individual conducted himself or herself in good faith; and (2) The individual
reasonably believed: (i) In the case of conduct in his or her official capacity with the corporation,
that the conduct was in its best interests; and (ii) In all other cases, that the conduct
was at least not opposed to its best interests; and (3) In the case of any criminal proceeding,
the individual had no reasonable cause to believe his or her conduct was unlawful. (b) A director's
conduct with respect to an employee benefit plan for a purpose he or she reasonably believed
to be in the interests of the participants in and beneficiaries of...
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37-6-3
Section 37-6-3 Enumerated powers. A cooperative shall have the power: (1) To sue and
be sued in its corporate name. (2) To adopt a corporate seal and alter the same at its pleasure.
(3) To generate, manufacture, purchase, acquire and transmit electric energy and to distribute,
sell, supply and dispose of electric energy to its members, to governmental agencies and political
subdivisions and to other persons; provided, however, that should a cooperative acquire any
electric facilities dedicated or devoted to the public use, it may continue to serve the persons
served directly from such facilities at the time of such acquisition without requiring that
such persons become members, and, provided further, that such nonmembers shall have the right
to become members upon nondiscriminatory terms. Cooperatives may not condition membership
or provision of service on compliance by the member with requirements not directly related
to the electric or other service to be provided by the cooperative....
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10A-2A-8.31
Section 10A-2A-8.31 Standards of liability for directors. Notwithstanding Division C
of Article 3 of Chapter 1: (a) A director shall not be liable to the corporation or its stockholders
for any decision to take or not to take action, or any failure to take any action, as a director,
unless the party asserting liability in a proceeding establishes that: (1) no defense interposed
by the director based on (i) any provision in the certificate of incorporation authorized
by Section 10A-2A-2.02(b)(4) or by Section 10A-2A-2.02(b)(6), or (ii) the protection
afforded by Section 10A-2A-8.60, precludes liability; and (2) the challenged conduct
consisted or was the result of: (i) action not in good faith; or (ii) a decision (A) which
the director did not reasonably believe to be in the best interests of the corporation, or
(B) as to which the director was not informed to an extent the director reasonably believed
appropriate in the circumstances; or (iii) a lack of objectivity due to the...
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11-65-2
Section 11-65-2 Definitions. (a) The following words and phrases used in this chapter,
and others evidently intended as the equivalent thereof, shall, unless the context clearly
indicates otherwise, have the following respective meanings: (1) ALABAMA-BRED. When this term
is used with reference to a horse, it means a horse which is registered in the registry designated
and administered by a commission in accordance with such rules concerning domicile and registration
requirements as may be established by such commission and which is either (i) foaled from
a mare domiciled in the state during the 10-year period beginning with January 1, 1991, or
(ii) sired by an Alabama stallion and foaled from a mare domiciled in the state at any time
after the expiration of such 10-year period. (2) ALABAMA STALLION. A stallion which is standing
in the state at the time he is bred to the dam of an Alabama-bred horse, which is registered
with a commission, and which is owned or leased by a resident of...
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10A-2A-8.30
Section 10A-2A-8.30 Standards of conduct for directors. Notwithstanding Division C of
Article 3 of Chapter 1: (a) Each member of the board of directors, when discharging the duties
of a director, shall act: (i) in good faith, and (ii) in a manner the director reasonably
believes to be in the best interests of the corporation. (b) The members of the board of directors
or a board committee, when becoming informed in connection with their decision-making function
or devoting attention to their oversight function, shall discharge their duties with the care
that a person in a like position would reasonably believe appropriate under similar circumstances.
(c) In discharging board of directors or board committee duties, a director shall disclose,
or cause to be disclosed, to the other board of directors or board committee members information
not already known by them but known by the director to be material to the discharge of their
decision-making or oversight functions, except that...
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10A-1-6.21
Section 10A-1-6.21 Permissive indemnification. (a) An enterprise may indemnify a governing
person, former governing person, or delegate who was, is, or is threatened to be made a respondent
in a proceeding to the extent permitted by Section 10A-1-6.22 if it is determined in
accordance with Section 10A-1-6.23 that: (1) the person: (A) acted in good faith; and
(B) reasonably believed: (i) in the case of conduct in the person's official capacity that
the person's conduct was in the enterprise's best interests; and (ii) in all other cases,
that the person's conduct was not opposed to the enterprise's best interests; and (C) in the
case of a criminal proceeding, did not have a reasonable cause to believe the person's conduct
was unlawful; (2) with respect to expenses, the amount of expenses is reasonable; and (3)
indemnification should be paid. (b) Action taken or omitted by a governing person or delegate
with respect to an employee benefit plan in the performance of the person's duties for...
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11-65-18
Section 11-65-18 Application for operator's license. Depending upon the licensing authority
granted a commission by elections held pursuant to subsection (a) or (b) of Section
11-65-4, a commission shall be empowered to grant operator's licenses for horse racing and
pari-mutuel wagering thereon or for greyhound racing and pari-mutuel wagering thereon. Any
corporation, partnership, or other business entity desiring to obtain (i) an operator's license
to conduct horse racing and pari-mutuel wagering thereon at a racing facility located in the
commission municipal jurisdiction or (ii) an operator's license to conduct greyhound racing
and pari-mutuel wagering thereon at a racing facility located in the commission municipal
jurisdiction, either through issuance of such license by a commission or transfer of an outstanding
license, shall file with the appropriate commission an application for such license. Such
application may, but need not, be made in conjunction with an application for a...
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11-65-15
Section 11-65-15 Application for horse racing facility license. Any person desiring
to obtain a horse racing facility license through issuance thereof by a commission, or through
transfer of an outstanding license, shall file with the appropriate commission an application
for such license. Such application shall be filed at the time and place prescribed by such
commission and shall be in such form and contain such information as may be prescribed by
such commission, including the following: (1) The name and address of such person; if a corporation,
the state of its incorporation and the full name and address of each officer and director
thereof; if a foreign corporation, whether it is qualified to do business in the state; and
if a partnership or joint venture, the name and address of each general partner thereof; (2)
The name, and every address for the period of five years immediately preceding the date of
such application, of each stockholder or member of such corporation, or each...
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34-24-193
Section 34-24-193 Board of Physical Therapy - Powers and duties; certification fee;
administrative fines; impaired practitioner program. (a) It shall be the duty of the board
to pass upon the qualifications of applicants for licensing as physical therapists and licensing
as physical therapist assistants, to conduct examinations, to issue licenses and renewals
to physical therapists and physical therapist assistants qualifying under this article and
in a proper case to suspend or revoke the license of such persons. The board may adopt rules
and regulations not inconsistent with law as it may deem necessary for the performance of
its duties; however, the board shall not issue any rules or regulations that require a physical
therapist assistant to be within sight of a consulting physical therapist or a physical therapist
supervisor while working under the direction of that physical therapist or issue any rules,
regulations, or orders inconsistent with Section 34-24-217(b). The board shall...
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