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10A-5A-1.02
Section 10A-5A-1.02 Definitions. Notwithstanding Section 10A-1-1.03, as used
in this chapter, unless the context otherwise requires, the following terms mean: (a) "Certificate
of formation," with respect to a limited liability company, means the certificate provided
for by Section 10A-5A-2.01, and the certificate as amended or restated. (b) "Constituent
limited liability company" means a constituent organization that is a limited liability
company. (c) "Constituent organization" means an organization that is party to a
merger under Article 10. (d) "Converted organization" means the organization into
which a converting organization converts pursuant to Article 10. (e) "Converting limited
liability company" means a converting organization that is a limited liability company.
(f) "Converting organization" means an organization that converts into another organization
pursuant to Article 10. (g) "Disqualified person" means any person who is not a
qualified person. (h) "Distribution" except...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-5A-1.02.htm - 5K - Match Info - Similar pages
10A-9A-6.03
Section 10A-9A-6.03 Dissociation as a general partner. A person is dissociated from
a limited partnership as a general partner when any of the following occurs: (1) the limited
partnership has notice of the person's express will to dissociate as a general partner, except
that if the person specifies a dissociation date later than the date the limited partnership
had notice, then the person is dissociated as a general partner on that later date; (2) an
event stated in the partnership agreement as causing the person's dissociation as a general
partner occurs; (3) the person is expelled as a general partner pursuant to the partnership
agreement; (4) the person is expelled as a general partner by the unanimous consent of the
other partners if: (A) it is unlawful to carry on the limited partnership's activities and
affairs with the person as a general partner; (B) there has been a transfer of all of the
person's transferable interest in the limited partnership, other than a transfer for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-6.03.htm - 4K - Match Info - Similar pages
10A-9A-11.01
Section 10A-9A-11.01 Application to existing relationships. (a) Beginning January 1,
2017, this chapter governs all limited partnerships and all foreign limited partnerships.
(b) With respect to a limited partnership formed before January 1, 2010, the following rules
apply except as the partners otherwise elect in the manner provided in the partnership agreement
or by law for amending the partnership agreement: (1) Section 10A-1-3.03 does not apply
and the limited partnership has whatever duration it had under the law applicable immediately
before January 1, 2010. (2) The limited partnership is not required to amend its certificate
of formation to comply with Section 10A-9A-2.01(a)(5); but once amended or restated,
the certificate of formation must comply with Section 10A-9A-2.01(a)(5). (3) Sections
10A-9A-6.01 and 10A-9A-6.02 do not apply and a limited partner has the same right and power
to dissociate from the limited partnership, with the same consequences, as existed immediately...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-11.01.htm - 2K - Match Info - Similar pages
10A-9A-6.05
Section 10A-9A-6.05 Effect of dissociation as general partner. (a) Upon a person's dissociation
as a general partner: (1) the person's right to participate as a general partner in the management
and conduct of the partnership's activities and affairs terminates; (2) the person's duty
to refrain from competing with the limited partnership in the conduct or winding up of the
limited partnership's activities and affairs terminates; (3) the person's following duties
continue only with regard to matters arising and events occurring before the person's dissociation
as a general partner: (A) the duty to account to the limited partnership and hold as trustee
for it any property, profit, or benefit derived by the general partner in the conduct and
winding up of the limited partnership's activities and affairs or derived from a use by the
general partner of limited partnership property, including the appropriation of a limited
partnership opportunity; (B) the duty to refrain from dealing with...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-6.05.htm - 2K - Match Info - Similar pages
10A-9A-4.07
Section 10A-9A-4.07 Right of general partner and former general partner to information.
Notwithstanding Sections 10A-1-3.32 and 10A-1-3.33: (a) Subject to subsection (f), a general
partner, without having any particular purpose for seeking the information, may inspect and
copy during regular business hours at a reasonable location specified by the limited partnership,
required information and any other records maintained by the limited partnership regarding
the limited partnership's activities and affairs and financial condition. (b) Subject to subsection
(f), each general partner and the limited partnership shall furnish to a general partner:
(1) without demand, any information concerning the limited partnership's activities and affairs
and activities and affairs reasonably required for the proper exercise of the general partner's
rights and duties under the partnership agreement or this chapter; and (2) on demand, any
other information concerning the limited partnership's activities...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-4.07.htm - 4K - Match Info - Similar pages
8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-4.htm - 34K - Match Info - Similar pages
10A-5-3.03
Section 10A-5-3.03 Agency power of members and managers; duties. REPEALED IN THE 2014
REGULAR SESSION BY ACT 2014-144 EFFECTIVE JANUARY 1, 2017. (a) Except as provided in subsection
(b), every member is an agent of the limited liability company for the purpose of its business
or affairs, and the act of any member, including, but not limited to, the execution in the
name of the limited liability company of any instrument, for apparently carrying on in the
usual way the business or affairs of the limited liability company binds the limited liability
company, unless the member so acting has, in fact, no authority to act for the limited liability
company in the particular matter and the person with whom the member is dealing has knowledge
of the fact that the member has no such authority. (b) If the certificate of formation provides
that management of the limited liability company is vested in a manager or managers, both
of the following conditions apply: (1) No member, acting solely in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-5-3.03.htm - 7K - Match Info - Similar pages
27-60-2
Section 27-60-2 Interstate Insurance Product Regulation Compact. The State of Alabama
hereby agrees to the following interstate compact known as the Interstate Insurance Product
Regulation Compact: ARTICLE I. PURPOSES. The purposes of this compact are, through means of
joint and cooperative action among the compacting states: 1. To promote and protect the interest
of consumers of individual and group annuity, life insurance, disability income, and long-term
care insurance products; 2. To develop uniform standards for insurance products covered under
the compact; 3. To establish a central clearinghouse to receive and provide prompt review
of insurance products covered under the compact and, in certain cases, advertisements related
thereto, submitted by insurers authorized to do business in one or more compacting states;
4. To give appropriate regulatory approval to those product filings and advertisements satisfying
the applicable uniform standard; 5. To improve coordination of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-60-2.htm - 45K - Match Info - Similar pages
10A-9A-3.04
Section 10A-9A-3.04 Right of limited partner and former limited partner to information.
Notwithstanding the provisions of Sections 10A-1-3.32 and 10A-1-3.33: (a) Subject to subsection
(g), on 10 days' demand, made in a writing received by the limited partnership, a limited
partner may inspect and copy required information during regular business hours and at a reasonable
location specified by the limited partnership. The limited partner need not have any particular
purpose for seeking the information. (b) Subject to subsection (g), during regular business
hours and at a reasonable location specified by the limited partnership, a limited partner
may obtain from the limited partnership and inspect and copy true and full information regarding
the state of the activities and affairs and financial condition of the limited partnership
and other information regarding the activities and affairs of the limited partnership as is
just and reasonable if: (1) the limited partner seeks the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-3.04.htm - 5K - Match Info - Similar pages
10A-9A-7.03
Section 10A-9A-7.03 Rights of creditor of partner or transferee. (a) On application
to a court of competent jurisdiction by any judgment creditor of a partner or transferee,
the court may charge the transferable interest of the judgment debtor with payment of the
unsatisfied amount of the judgment with interest. To the extent so charged and after the limited
partnership has been served with the charging order, the judgment creditor has only the right
to receive any distribution or distributions to which the judgment debtor would otherwise
be entitled in respect of the transferable interest. (b) The limited partnership, after being
served with a charging order and its terms, shall be entitled to pay or deposit any distribution
or distributions to which the judgment debtor would otherwise be entitled in respect of the
charged transferable interest into the hands of the clerk of the court so issuing the charging
order, and the payment or deposit shall discharge the limited partnership and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-7.03.htm - 3K - Match Info - Similar pages
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