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13A-9-150
improperly charted, coded, or billed for any medical or health care service, common practices,
including but not limited to, repayment, even years later, may use as a defense to, or ground
for dismissal of, a prosecution under this section. (i) The introduction into evidence of
a paid state warrant to the order of the defendant is prima facie evidence that the defendant
did receive public assistance from the state. (j) The introduction into evidence of a transaction
history generated by a personal identification number (PIN) establishing a purchase
or withdrawal by electronic benefit transfer is prima facie evidence that the identified recipient
received public assistance from the state. (k)(1) If an original record is admissible in any
case or proceeding in a court in the state, a certified copy of the record in the custody
of any federal or state agency relating to an investigation of public assistance fraud under
this section shall be admissible when certified and affirmed by the...
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25-14-3
Section 25-14-3 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADMINISTRATIVE FEE. The fee charged to a client by a professional employer organization
for professional employer services. The term does not include any amount of a fee by the professional
employer organization that is for wages and salaries, benefits, workers' compensation, payroll
taxes, withholding, or other assessments paid by the professional employer organization to
or on behalf of covered employees under the professional employer agreement. (2) CLIENT. A
person or entity that enters into a professional employer agreement with a professional employer
organization, including a worksite employer. (3) CONTROLLING PERSON. Any of the following:
a. An officer or director of a corporation operating as a professional employer organization,
a shareholder holding 25 percent or more of the voting stock of a corporation operating as
a professional employer organization, or a...
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10A-2-1.40
Section 10A-2-1.40 Definitions applicable to business corporations. In this chapter: REPEALED
IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT
CODE SUPPLEMENT. (1) "Articles of incorporation" include amended and restated articles
of incorporation and, in the case of a corporation existing on January 1, 1981, its certificate
of incorporation, including any amended certificate, and also include, except where the context
otherwise requires, articles of merger. The term "articles of incorporations" as
used in this chapter is synonymous with the term "certificate of formation" employed
in Chapter 1. (2) "Authorized shares" means the shares of all classes a domestic
or foreign business corporation is authorized to issue. (3) "Corporation" or "domestic
corporation" means a business corporation, which is not a foreign corporation, incorporated
under or subject to the provisions of this chapter. (4) "Distribution" means a direct
or indirect...
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40-18-15
provisions of 26 U.S.C. §§ 163, 264, and 265. (3) The following taxes paid or accrued within
the taxable year: a. Income taxes, Federal Insurance Contribution Act taxes, taxes on self-employment
income and estate and gift taxes imposed by authority of the United States or any possession
of the United States. b. State and local, and foreign, occupational license taxes, and contributions
to state unemployment funds. c. State and local, and foreign, real property taxes. d. State
and local personal property taxes. e. The generation-skipping transfer (GST) tax imposed
on income distributions by 26 U.S.C. § 2601. f. The taxes described in paragraphs c., d.,
and e. shall be deductible only to the extent that the taxes are deductible for federal income
tax purposes under 26 U.S.C. § 164 (relating to taxes). g. In addition, there shall be allowed
as a deduction, state and local, and foreign taxes, except income taxes, and taxes imposed
by authority of the United States or any possession...
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9-6-8
by all of the directors of the authority setting forth the details of the amendment, such certificate
to be acknowledged in the same manner as the certificate of incorporation; (5) To adopt and
alter bylaws for the regulation and conduct of its affairs and business; (6) To acquire, receive
and take title to, by purchase, gift, lease, devise or otherwise, to hold, keep and develop
and to transfer, convey, lease, assign or otherwise dispose of property of every kind and
character, real, personal and mixed, and any and every interest therein, whether located
within or outside of the area of operation or within or outside of the State of Alabama; (7)
To acquire, purchase, construct, own, operate, maintain, enlarge, extend and improve any equipment,
plant, apparatus or system of whatever kind and character used or which may be useful in connection
with the control, abatement or prevention of water, air or general environmental pollution
directly or indirectly, to enter into...
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11-99B-7
Section 11-99B-7 Powers of district generally; power of district to acquire and operate projects;
provisions in schedules of rates and charges generally. Each district shall have the following
powers, together with all powers incidental thereto or necessary to the discharge thereof
in corporate form: (1) To have succession by its corporate name for the duration of time,
which may be in perpetuity, subject to the provisions of Section 11-99B-15, specified in its
certificate of incorporation. (2) To sue and to be sued in its own name in civil actions,
and to defend civil actions against it; provided, that the district shall be deemed to be
a "governmental entity" as defined in Chapter 93 of this title, for the purposes
of limiting the damages for which the district and its members may be liable. (3) To adopt
and make use of a corporate seal and to alter the same at pleasure. (4) To adopt and alter
bylaws for the regulation and conduct of its affairs and business. (5) To acquire, receive,...
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27-13-20
in determining or ascertaining a rate. (5) RATING ORGANIZATION. Every person or persons, corporation,
partnership, company, society, bureau or association, whether located within or outside this
state, engaged in the business of rate-making for two or more insurers. (6) INSURER. Any person
or persons, corporation, association, partnership, reciprocal exchange, or company authorized
by the laws of this state to transact the business of insurance in this state. (7) RISK. Any
property, real or personal, described in any policy, exposed to any hazard or peril
named in such policy. (8) UNREASONABLY HIGH RATES. No rate shall be held to be unreasonably
high unless: a. Such rate is unreasonably high for the insurance provided; and b. A reasonable
degree of competition does not exist in the area with respect to the classification to which
such rate is applicable. (9) INADEQUATE RATE. No rate shall be held to be inadequate which
upon reasonable assumptions of prospective loss and expense...
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8-19A-11
her or any business for which he or she has worked or been affiliated, an injunction, a temporary
restraining order, or a final judgment or order, including a stipulated judgment or order,
an assurance of voluntary compliance, or any similar document, in any civil or administrative
action involving racketeering, fraud, theft, embezzlement, fraudulent conversion, or misappropriation
of property or the use of any untrue or misleading representation in an attempt to sell or
dispose of real or personal property or the use of any unfair, unlawful, or deceptive
trade practice. (3) Is subject to or has worked or been affiliated with any company which
is, or ever has been, subject to any injunction, temporary restraining order, or final judgment
or order, including a stipulated judgment or order, an assurance of voluntary compliance,
or any similar document, or any restrictive court order relating to a business activity as
the result of any action brought by a governmental agency, including...
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10A-1-8.02
the procedures and by the stockholder vote required by Article 11 of Chapter 2A. If the governing
documents of the corporation provide for approval of a merger by less than all of the corporation's
stockholders, approval of the merger shall constitute corporate action subject to appraisal
rights pursuant to Article 13 of Chapter 2A, as applicable. No merger of a corporation into
a general or limited partnership may be effected without the consent in writing of each stockholder
who will have personal liability with respect to the surviving entity, notwithstanding
any provision in the governing documents of the corporation that is a party to the merger
providing for less than unanimous stockholder approval for the conversion. b. In the case
of a nonprofit corporation that is a party to the merger, a plan of merger must be approved
by all the nonprofit corporation's members entitled to vote thereon, if it is a nonprofit
corporation with members with voting rights, or as otherwise provided...
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11-89C-9
a public corporation, or with any other public corporation, authority, or district authorized
by the Legislature to implement this chapter. In furtherance of this objective, any governing
body may perform any of the functions and powers provided in Section 11-89C-4 for public corporations,
and any function or eligibility requirement provided or required for joining and participating,
and to transfer and convey to the public corporation, with or without consideration, any facilities,
real or personal property, money, or thing of value, including the services of employees
through loan, detail, or assignment. (d) Any governing body may establish, levy, and impose
by resolution or ordinance, any revenue-raising measure within its jurisdiction, including,
but not limited to, fees, charges, or assessments, without any referendum unless required
by the Constitution of Alabama of 1901, deemed necessary to implement this chapter or to comply
with all provisions of storm water laws, subject to...
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