45-29-90.03
Section 45-29-90.03 Certificate of incorporation. (a) To become a corporation, the persons
who are designated to become members of the initial board of directors of the authority, as
provided in Section 45-29-90.02, shall present to the Judge of Probate of Fayette County,
a certificate of incorporation signed by them which shall contain all of the following: (1)
The name and official residence of each of the persons. (2) The term of office of each of
the persons as such directors. (3) The name of the proposed corporation which shall be the
Tom Bevill Reservoir Management Area Authority. (4) A concise legal description of the areas
included in the Tom Bevill Reservoir Management Area. (5) The location of the principal office
of the proposed corporation which shall be in Fayette County. (6) Any other matter relating
to the incorporation that the persons may choose to insert and which is not inconsistent with
this article or the laws of the State of Alabama. (b) The certificate of...
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11-101A-8
subject, however, to Chapter 93 of this title, which chapter is hereby made applicable to the
authority. (3) To adopt, alter, amend, and repeal bylaws, regulations, and rules for the regulation
and conduct of its affairs and business. (4) To adopt and make use of a corporate seal and
to alter the same at pleasure. (5) To acquire, whether by purchase, construction, exchange,
gift, lease, or otherwise and to improve, maintain, equip, and furnish one or more projects,
including all real and personal properties which the board deems necessary in connection
therewith, regardless of whether any projects are then in existence, at such place or places,
within and without the boundaries of its authorizing subdivisions, as it considers necessary
or advisable. (6) To lease or otherwise make available its projects or other of its properties
or assets, with or without charge, to the United States or to one or more of its authorizing
subdivisions, for sublease to the United States, on such terms...
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11-61A-9
the duration of time (which may be in perpetuity) specified in its certificate of incorporation.
(2) To sue and be sued in its own name in civil suits and actions. (3) To adopt and make use
of a corporate seal and to alter the seal at pleasure. (4) To adopt and alter bylaws for the
regulation and conduct of its affairs and business. (5) To acquire, receive, take, and hold,
whether by purchase, gift, lease, devise, eminent domain, or otherwise, property of every
description, whether real, personal, or mixed, and to manage the property, and to develop
any undeveloped property owned, leased, or controlled by it. An authority may not acquire
or lease real property located outside the boundaries of the municipality. An authority created
under this chapter may not exercise any power of eminent domain without a concurring resolution
from the governing body authorizing the power. (6) To execute contracts and other instruments
and to take other necessary or convenient actions to carry out...
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11-92A-11
Section 11-92A-11 Amendment of articles. (a) The articles of any authority may at any time
and from time to time be amended in the manner provided in this section. The board of directors
shall first adopt a resolution proposing an amendment to the articles, which amendment shall
be set forth in full in the said resolution and which may include any matters that might have
been included in the original articles. Such amendment may be made for the sole purpose of
altering, in accordance with the provisions of this chapter, the authorized operational area
of the authority. (b) After the adoption by the board of directors of a resolution proposing
an amendment to the articles, the chairman and the secretary of the authority shall sign and
file with the governing body of each county within the existing authorized operational area
of the authority, and with the governing body of each county proposed to be added to the authorized
operational area of the authority, if any, a written application...
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11-94-6
Section 11-94-6 Certificate of incorporation - Amendment procedure; recordation of amendment
as conclusive evidence. The certificate of incorporation may at any time and from time to
time be amended so as to make any changes therein and add any provisions thereto which might
have been included in the certificate of incorporation in the first instance. Such an amendment
shall be effected in the following manner: The board of the authority shall file with the
governing body of each authorizing subdivision a resolution seeking permission to amend the
certificate of incorporation, specifying in such resolution the amendment proposed to be made.
The governing body of each authorizing subdivision shall consider such resolution and, if
each of them shall by appropriate resolution duly find and determine that it is wise, expedient,
necessary, or advisable that the proposed amendment be made and shall authorize the same to
be made and shall approve the form of the proposed amendment, then the...
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16-17A-4
Section 16-17A-4 Articles of incorporation - Requirements. (a) In addition to any other matters
relating to the authority that the sponsoring university may choose to insert and that are
not inconsistent with state law, the articles of incorporation of an authority shall include
the following provisions: (1) The name of the authority, which shall include the word Authority
and shall include words identifying the sponsoring university. (2) The name of the sponsoring
university and the date on which the governing body of the sponsoring university adopted a
resolution authorizing the organization of the authority. (3) The name and address of the
registered agent of the authority. (4) A statement that the authority is organized pursuant
to the provisions of this chapter. (5) A statement that the authority shall exercise all powers
provided by law, unless the exercise by the authority of any of its powers hereunder is limited
in any way, in which case a statement of such limitations on the...
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41-10-53
Section 41-10-53 Authority and procedure for incorporation of authority; members, officers
and directors of authority; reduction to writing, recordation and admissibility in evidence
of proceedings of board of directors. (a) The Director of Finance, the Secretary of the Alabama
Department of Commerce, the State Treasurer and the Executive Secretary to the Governor are
hereby authorized to become a corporation, with the powers and authorities provided for in
this article, by proceeding according to the provisions hereinafter outlined in this article.
To become a corporation, the Director of Finance, the Secretary of the Alabama Department
of Commerce, the State Treasurer and the Executive Secretary to the Governor shall present
to the Secretary of State of Alabama an application signed by them which shall set forth:
(1) The name, official designation and official residence of each of the applicants, together
with a certified copy of the commission evidencing each applicant's right to...
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10A-1-3.42
Section 10A-1-3.42 Form and validity of certificates; enforcement of entity's rights; abbreviations.
(a) A certificated ownership interest in a domestic entity may contain an impression of the
seal of the entity, if any. A facsimile of the entity's seal may be printed or lithographed
on the certificate. (b) If a domestic entity is authorized to issue ownership interests of
more than one class or series, each certificate representing ownership interests that is issued
by the entity must conspicuously state on the front or back of the certificate: (1) the designations,
preferences, limitations, and relative rights of the ownership interests of each class or
series to the extent they have been determined and the authority of the governing authority
to make those determinations as to subsequent classes or series; or (2) that the information
required by subsection (1) is stated in the domestic entity's governing documents and that
the domestic entity, on written request to the entity's...
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11-101A-6
Section 11-101A-6 Board of directors. (a) Each corporation shall be governed by a board of
directors composed of the number of directors provided in the certificate of incorporation
as most recently amended. Unless provided to the contrary in its certificate of incorporation,
all powers of the authority shall be exercised by the board or pursuant to this authorization.
Subject to the provisions of subdivision (8) of subsection (b) of Section 11-101A-4, the board
shall consist of directors having those qualifications, being elected or appointed by that
person or persons, including, without limitation, the board itself, one or more authorizing
subdivisions, or other counties and municipalities, and other entities or organizations and
in the manner, and serving for the terms of office, all as shall be specified in the certificate
of incorporation of the authority. Notwithstanding the foregoing, no fewer than a majority
of the directors shall be elected by the governing body or bodies of...
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11-49B-7
subject to the provisions of Section 11-49B-19 specified in its certificate of incorporation.
(2) To sue and be sued in its own name in civil suits and actions and to defend suits against
it. (3) To adopt and make use of a corporate seal and to alter the seal at pleasure. (4) To
adopt and alter bylaws for the regulation and conduct of its affairs and business. (5) To
acquire, receive, and take, by purchase, gift, lease, devise, or otherwise, and to hold property
of every description, real, personal, or mixed, whether located in one or more counties
or municipalities and whether located within or outside the authorizing county. (6) To make,
enter into, and execute contracts, agreements, leases, and other instruments and to take other
actions as may be necessary or convenient to accomplish any purpose for which the authority
was organized or to exercise any power expressly granted under this chapter. (7) To plan,
establish, develop, acquire, purchase, lease, construct, reconstruct,...
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