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35-20-5
Section 35-20-5 Organization of associations; filing requirements; rulemaking authority; organizational
documents. (a) On or after January 1, 2016, a homeowners' association created pursuant to
a declaration shall be organized as a nonprofit corporation pursuant to Chapter 3 of Title
10A, and shall be governed in all respects as a nonprofit corporation. (b)(1) A homeowners'
association, its members, and directors shall be subject to all of the obligations, duties,
and responsibilities of and shall have all of the rights and benefits provided in Chapter
3 of Title 10A. (2) In addition or supplemental to any other filing required in Chapter 3
of Title 10A, a homeowners' association shall file the following documents with the Secretary
of State: a. Articles of incorporation. b. Bylaws, resolutions, or other governing documents
of the association. c. The original covenants, conditions, or restrictions adopted by the
association. (3) The Secretary of State shall implement and maintain an...
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9-8-31
Section 9-8-31 Discontinuance. (a) At any time after three years after the organization of
a district under the provisions of this article, any 25 owners of land lying within the boundaries
of such district may file a petition with the State Soil and Water Conservation Committee
praying that the operations of the district be terminated and the existence of the district
discontinued. The committee may conduct such public meetings and public hearings upon such
petition as may be necessary to assist it in consideration thereof. Within 60 days after such
a petition has been received by the committee, it shall give due notice of the holding of
a referendum and shall supervise such referendum and issue appropriate regulations governing
the conduct thereof, the question to be submitted by ballots upon which the words "For
terminating the existence of the _____ (name of the soil conservation district to be here
inserted)" and "Against terminating the existence of the _____ (name of the soil...
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10A-1-7.41
Section 10A-1-7.41 Applicability of this title to certain foreign entities. (a) Except as otherwise
provided by a statute described by this subsection, the provisions of this title governing
a foreign entity apply to a foreign entity registered or granted authority to transact business
in this state under: (1) a special statute that does not contain a provision regarding a matter
provided for by this title with respect to a foreign entity; or (2) another statute that specifically
provides that the general law for the granting of a registration or certificate of authority
to the foreign entity to transact business in this state supplements the special statute.
(b) Except as otherwise provided by a special statute described by subsection (a), a document
required to be filed with the Secretary of State under the special statute must be signed
and filed in accordance with Article 4. (Act 2009-513, p. 967, ยง69.)...
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10A-4-4.02
Section 10A-4-4.02 Merger and conversion. (a) A domestic professional corporation may convert
to or merge with another corporation, professional corporation, or another type of entity,
domestic or foreign, under the Alabama Business Corporation Law, or may merge with or convert
to another type of entity as permitted by Article 8 of Chapter 1. Upon the merger, consolidation,
or conversion, if the surviving or new corporation or converted entity, as the case may be,
is to render professional services in Alabama, it shall comply with the provisions of this
chapter. (b) An unincorporated professional association organized under Article 1 of Chapter
30 may merge or consolidate with a professional corporation organized under this chapter.
In the merger, the procedure specified in the Alabama Business Corporation Law shall apply,
provided that: (1) The surviving corporation shall be a domestic professional corporation,
(2) The following terms, when used in the Alabama Business Corporation Law...
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11-65-5
Section 11-65-5 Composition of commission; terms; qualifications; removal from office. (a)
Every commission shall have five members, which shall constitute its governing body. All powers
of a commission shall be exercised by its members or pursuant to their authorization. The
mayor or other chief executive officer of the sponsoring municipality and the president or
other designated presiding officer of the county commission of the host county shall each
serve as a member ex officio, unless such official exercises his or her right, as provided
in subsection (b), to appoint a fixed-term member to serve in lieu of such official. The service
of each such official as a member shall begin with the beginning of his or her tenure in such
office and shall end with the ending of such tenure or the appointment by such official of
a fixed-term member to serve in lieu of his or her ex officio service. The other three members
shall be appointed in the manner hereinafter prescribed as soon as may be...
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19-3B-110
Section 19-3B-110 Others treated as qualified beneficiaries. (a) Whenever notice to qualified
beneficiaries of a trust is required under this chapter, the trustee must also give notice
to any other beneficiary who has sent the trustee a request for notice. (b) A charitable organization
expressly designated to receive distributions under the terms of a charitable trust has the
rights of a qualified beneficiary under this chapter if the charitable organization, on the
date of the charitable organization's qualification is being determined: (1) is a distributee
or a permissible distributee of trust income or principal; (2) would be a distributee or permissible
distributee of trust income or principal upon the termination of the interests of other distributees
or permissible distributees then receiving or eligible to receive distributions; or (3) would
be a distributee or permissible distributee of trust income or principal if the trust terminated
on that date. (c) A person appointed to...
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23-1-294
Section 23-1-294 Advisory Council. (a) The Advisory Council shall consist of a member of the
Alabama House of Representatives appointed by the Speaker of the House, a member of the Alabama
Senate appointed by the Lieutenant Governor, one member appointed by each member of the Designating
Committee, three persons appointed from the state at-large by the Governor, and one representative
appointed by the Governor from each of the following groups or organizations: (1) Scenic Alabama.
(2) Alabama Environmental Council. (3) The outdoor advertising industry. (4) The Alabama Wildlife
Federation. (5) A business, industry, or trade association or professional organization having
its principal programs extending generally throughout the state, and having a demonstrated
concern for balancing economic growth with protection for the environment and increased recreational
opportunities. (6) Public utilities. (7) Tourism associations. (8) Real estate associations.
(9) Regional planning commissions....
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27-38-1
Section 27-38-1 Establishment of separate accounts by life insurers to provide for life insurance
or annuities and benefits incidental thereto. A life insurer organized under the laws of this
state may, by or pursuant to a resolution of its board of directors, establish one or more
separate accounts and may allocate thereto amounts, including without limitation proceeds
applied under optional modes of settlement or under dividend options, to provide for life
insurance or annuities, and benefits incidental thereto, payable in fixed or variable amounts
or both, subject to the following: (1) The income, gains, and losses, realized or unrealized,
from assets allocated to a separate account shall be credited to, or charged against, the
account, without regard to other income, gains, or losses of the insurer; (2) Except as provided
in this section, amounts allocated to any separate account, and accumulations thereon, may
be invested and reinvested without regard to any requirements or...
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28-3A-1.5
Section 28-3A-1.5 Nonprofit special events retail license. (a) Definitions. As used in this
section and Section 28-3A-6, the following words shall have the following meanings: (1) NONPROFIT
SPECIAL EVENTS RETAIL LICENSE. A license issued pursuant to subsection (b) for the sale of
beer, wine, or liquor. (2) QUALIFYING ORGANIZATION. A bona fide nonprofit organization operating
in the state that satisfies all of the following requirements: a. Operates without profit
to the organization's members. b. Is exempt from taxation under Section 501 of the Internal
Revenue Code. c. Satisfies at least one of the following requirements: 1. Has been continuously
in existence in the state for a minimum of three years. 2. Is affiliated with a parent organization
that has been in existence in the state for a minimum of three years. 3. Has reorganized and
is continuing its mission under a new name on file with the Secretary of State and with a
new tax identification number after having satisfied the...
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10A-2-11.04
Section 10A-2-11.04 Merger of subsidiary. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94
EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Subject to the
limitations of the Constitution of Alabama of 1901, as the same may be amended from time to
time, a parent corporation owning at least 80 percent of the outstanding shares of each class
of a subsidiary corporation may merge the subsidiary into itself without approval of the shareholders
of the parent or subsidiary. (b) The board of directors of the parent shall adopt a plan of
merger that sets forth: (1) The names of the parent and subsidiary; and (2) The manner and
basis of converting the shares of the subsidiary into shares, obligations, or other securities
of the parent or any other corporation or into cash or other property in whole or part. (c)
The parent shall mail a copy or summary of the plan of merger to each shareholder of the subsidiary
who does not waive the mailing requirement in writing. (d)...
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