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10A-4-5.01
Section 10A-4-5.01 Involuntary dissolution on petition of Attorney General. The Attorney General
may institute proceedings to involuntarily dissolve a domestic professional corporation or
a domestic nonprofit professional corporation. A licensing authority may request that the
Attorney General institute such proceedings. (Acts 1983, No. 83-514, p. 763, §17; §10-4-396;
amended and renumbered by Act 2009-513, p. 967, §209; Act 2019-94, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-4-5.01.htm - 766 bytes - Match Info - Similar pages
10A-3-7.07
Section 10A-3-7.07 Involuntary dissolution - Grounds. A nonprofit corporation may be dissolved
involuntarily by an order of the circuit court of the county in which the principal office
of the nonprofit corporation in this state is located, and if none is located in this state,
the circuit court for the county in which the most recent registered office of the nonprofit
corporation is located in an action filed by the Attorney General when it is established that:
(1) The nonprofit corporation procured its certificate of formation through fraud; (2) The
nonprofit corporation has continued to exceed or abuse the authority conferred upon it by
law; (3) The nonprofit corporation has failed for 90 days to appoint and maintain a registered
agent in Alabama; or (4) The nonprofit corporation has failed for 90 days after change of
its registered agent to file in the office of the Secretary of State a statement of the change.
(Acts 1984, No. 84-290, p. 502, §54; §10-3A-146; amended and...
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10A-10-1.16
Section 10A-10-1.16 Dissolution. (a) A real estate investment trust may terminate its existence
by voluntary dissolution and wind up its business and affairs in the manner and on the grounds
provided in the Alabama Business Corporation Law. (b) A real estate investment trust may curtail
or cease its trust activities by partially or completely distributing its assets. (c)(1) The
Attorney General may institute proceedings to dissolve a real estate investment trust which
has abused, misused, or failed to use its powers. The proceedings shall be brought in the
manner and on the grounds provided in the Alabama Business Corporation Law, with respect to
judicial dissolution of a corporation. (2) The venue of an action under this subsection is
in a county where an officer or resident agent of the real estate investment trust is located.
(Acts 1995, No. 95-628, p. 1317, §16; §10-13-16; amended and renumbered by Act 2009-513,
p. 967, §308; Act 2019-94, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-10-1.16.htm - 1K - Match Info - Similar pages
10A-4-5.05
Section 10A-4-5.05 Interrogatories by licensing authority; generally (a) Each licensing authority
of Alabama may propound to any professional corporation, domestic or foreign, organized to
practice a profession within the jurisdiction of the licensing authority, and to any officer
or director thereof, the interrogatories as may be reasonably necessary and proper to enable
the licensing authority to ascertain whether the corporation has complied with all the provisions
of this chapter applicable to the professional corporation. The interrogatories shall be answered
within 30 days after the mailing thereof, or within the additional time as shall be fixed
by the licensing authority, and the answers thereto shall be full and complete and shall be
made in writing and under oath. If the interrogatories be directed to an individual they shall
be answered by him or her, and if directed to a corporation they shall be answered by the
president, vice president, secretary, or assistant secretary...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-4-5.05.htm - 2K - Match Info - Similar pages
27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-61-1.htm - 62K - Match Info - Similar pages
10A-3-7.08
Section 10A-3-7.08 Involuntary dissolution - Procedure; notification to Attorney General. The
Secretary of State shall certify to the Attorney General, from time to time, the names of
all nonprofit corporations which have given cause for dissolution as provided in this chapter,
together with the facts pertinent thereto. Whenever the Secretary of State shall certify the
name of a nonprofit corporation to the Attorney General as having given any cause for dissolution,
the Secretary of State shall concurrently mail to the nonprofit corporation at its registered
office a notice that the certification has been made. Upon the receipt of the certification,
the Attorney General shall, no sooner than 30 days nor more than 90 days after the receipt,
file an action in the name of the State of Alabama against the nonprofit corporation for its
dissolution. If, before an action is filed, the nonprofit corporation shall appoint or maintain
a registered agent as provided in this title, or shall file...
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10A-3-7.09
Section 10A-3-7.09 Involuntary dissolution - Venue and service of process. Every action for
the involuntary dissolution of a nonprofit corporation shall be commenced by the Attorney
General in the circuit court for the county in which the nonprofit corporation's principal
office is located in this state, and if none in this state, in the circuit court for the county
in which the nonprofit corporation's most recent registered office is located. Summons shall
issue and be served as in other civil actions. If process is returned not found, the Attorney
General shall cause publication to be made as in other civil cases in some newspaper published
in the county in which the nonprofit corporation's principal office is located in this state,
and if none in this state, in the county in which the nonprofit corporation's most recent
registered office is located, containing a notice of the pendency of the action, the title
of the court, the title of the action, and the date on or after which...
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37-1-64
Section 37-1-64 Attorney General to represent commission in legal proceedings; employment of
special counsel. The Attorney General shall represent the Public Service Commission in any
and all legal proceedings which it may have the power to institute and which, pursuant to
such power, it has instituted, and in all legal proceedings against it, and shall institute
such legal proceedings which the commission may request or deem necessary, provided it has
the power to institute them, to enforce the provisions of this title or compel obedience to
and observance of the same by any person, firm, company, or corporation, upon which such obedience
or observance is imposed. The Attorney General, with the approval of the Governor, may employ
any special counsel to institute or defend such legal proceedings or to assist the Attorney
General therein, and to contract with the special counsel concerning a reasonable compensation
for his or their services, which compensation shall be paid out of the...
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10A-1-1.03
limited liability company or association, a member; and (D) with respect to another foreign
or domestic entity, an owner of an equity interest in that entity. (69) OWNERSHIP INTEREST.
An owner's interest in an entity. The term includes the owner's share of profits and losses
or similar items and the right to receive distributions. The term does not include an owner's
right to participate in management or participate in the direction or oversight of the entity.
An ownership interest is personal property. (70) PARENT or PARENT ENTITY. An entity
that: (A) owns at least 50 percent of the ownership or membership interest of a subsidiary;
or (B) possesses at least 50 percent of the voting power of the owners or members of a subsidiary.
(71) PARTNER. A limited partner or general partner. (72) PARTNERSHIP. Includes a general partnership,
a limited liability partnership, a foreign limited liability partnership, a limited partnership,
a foreign limited partnership, a limited liability...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-1-1.03.htm - 25K - Match Info - Similar pages
10A-3-7.10
court of the county in which the nonprofit corporation's principal office is located in this
state, and if none in this state, the circuit court for the county in which the nonprofit
corporation's most recent registered office is located shall have full power to liquidate
the assets and affairs of a nonprofit corporation: (1) In an action by a member or director
when it is established: a. That the directors are deadlocked in the management of the corporate
affairs and that irreparable injury to the nonprofit corporation is being suffered
or is threatened by reason thereof, and either that the members are unable to break the deadlock
or there are no members having voting rights; b. That the acts of the directors or those in
control of the nonprofit corporation are illegal, oppressive, or fraudulent; c. That the members
entitled to vote in the election of directors are deadlocked in voting power and have failed
for at least two years to elect successors to directors whose terms...
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