45-39-221.03
whatsoever, and in every judicial action or proceeding, whether in state or federal court,
to which the tourism board is or may be a party, whether or not the tourism board itself is,
or would be, or would be deemed to be, a governmental entity, as that term is defined and
used as aforesaid. (2) To own, lease, license, operate, purchase, acquire, hold, improve,
develop, manage, sell, convey, transfer, exchange, release, and dispose of, either alone or
in conjunction with others, real and personal property, tangible and intangible, of
every kind, character, and description. (3) To adopt a corporate seal and to alter such seal
as necessary or appropriate. (4) To employ agents, employees, consultants, attorneys, and
accountants, to fix their compensation, to secure such services and assistance as the board
deems necessary to enable the tourism board to conduct and engage in the activities and purposes
for which it is created, and, subject to Section 45-39-221.04, to appoint officers in...
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11-49A-8
subject to the provisions of Section 11-49A-20) 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 same 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 municipality; (6)
To make, enter into, and execute such 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 hereunder; (7)
To plan, establish, develop, acquire, purchase, lease, construct, reconstruct,...
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36-25-13
Section 36-25-13 Actions of former public officials or public employees prohibited for two
years after departure. (a) No public official shall serve for a fee as a lobbyist or otherwise
represent clients, including his or her employer before the board, agency, commission, department,
or legislative body, of which he or she is a former member for a period of two years after
he or she leaves such membership. For the purposes of this subsection, such prohibition shall
not include a former member of the Alabama judiciary who as an attorney represents a client
in a legal, non-lobbying capacity. (b) Notwithstanding the provisions of subsection (a), no
public official elected to a term of office shall serve for a fee as a lobbyist or otherwise
represent clients, including his or her employer, before the board, agency, commission, department,
or legislative body of which he or she is a former member for a period of two years following
the term of office for which he or she was elected,...
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36-25A-7
or lease real property shall be disclosed in the public portion of a meeting prior to the execution
of the contract. If an executive session is utilized pursuant to this exception in addition
to the members of the governmental body, only persons representing the interests of the governmental
body in the transaction may be present during the executive session. This real property discussion
exception shall not apply if: a. Any member of the governmental body involved in the transaction
has a personal interest in the transaction and attends or participates in the executive
session concerning the real property. b. A condemnation action has been filed to acquire the
real property involved in the discussion. (7) To discuss preliminary negotiations involving
matters of trade or commerce in which the governmental body is in competition with private
individuals or entities or other governmental bodies in Alabama or in other states or foreign
nations or to discuss matters or information of the...
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45-41A-10.08
prosecute and defend civil actions in any court having jurisdiction of the subject matter and
of the parties. (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, whether by purchase, construction, exchange, gift, lease, or otherwise and
to refinance existing indebtedness on, improve, maintain, equip, and furnish one or more projects,
including all real and personal properties which the board of the authority may deem
necessary in connection therewith, regardless of whether or not any such projects shall then
be in existence. (6) To lease to others any or all of its projects and to charge and collect
rent therefor, and to terminate any such lease upon the failure of the lessee to comply with
any of the obligations thereof. (7) To sell, exchange, donate, or convey and to grant options
to any lessee to acquire any of its projects and any or all of its...
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5-5A-44
has approved the acquiring party's acquisition plan. All persons with whom the acquiring party
acts directly, indirectly, through, or in concert with to acquire control shall be identified
in the application and shall provide all information required by the superintendent. The acquiring
party shall file its application with the superintendent, and the application shall, except
to the extent expressly waived by the superintendent, contain the following information: (1)
The identity, personal history, business background, and experience of each person
by whom or on whose behalf the acquisition is to be made, including his or her material business
activities and affiliations during the past five years, and a description of any material
pending legal or administrative proceedings in which he or she is a party and any criminal
indictment or conviction of such person by a state or federal court. (2) A statement of the
assets and liabilities of each person by whom or on whose behalf...
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10A-2A-11.04
permitted by Section 10A-2A-10.05, its certificate of incorporation will not be changed; and
(3) each stockholder of the corporation whose stock was outstanding immediately before the
effective date of the merger or stock exchange will hold the same number of shares of stock,
with identical preferences, rights and limitations, immediately after the effective date of
the merger. (i) If as a result of a merger or stock exchange one or more stockholders of a
corporation will have new personal liability with respect to the surviving organization
or the acquiring entity, approval of the plan of merger or stock exchange will be ineffective
without the consent to the plan of merger or stock exchange of the stockholder who will have
new personal liability. A stockholder does not give consent required in this subsection
(i) merely by consenting to a provision in the certification of incorporation, the bylaws,
or an agreement of the stockholders, that allows for a plan of merger or...
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41-16-72
Section 41-16-72 Procurement of professional services. Any other provision of law notwithstanding,
the procurement of professional services by any agency, department, board, bureau, commission,
authority, public corporation, or instrumentality of the State of Alabama shall be conducted
through the following selection process: (1)a. Except as otherwise provided herein, attorneys
retained to represent the state in litigation shall be appointed by the Attorney General in
consultation with the Governor from a listing of attorneys maintained by the Attorney General.
All attorneys interested in representing the State of Alabama may apply and shall be included
on the listing. The selection of the attorney or law firm shall be based upon the level of
skill, experience, and expertise required in the litigation and the fees charged by the attorney
or law firm shall be taken into consideration so that the State of Alabama receives the best
representation for the funds paid. Fees shall be...
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45-49A-64.07
be perpetual, subject to Section 45-49A-64.19) 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 same 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 municipality. (6)
To make, enter into, and execute such 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 hereunder. (7)
To plan, establish, develop, acquire, purchase, lease, construct, reconstruct,...
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10A-2A-1.40
Section 10A-2A-1.40 Chapter definitions. Notwithstanding Section 10A-1-1.03, as used in this
chapter, unless otherwise specified or unless the context otherwise requires, the following
terms have the following meanings: (1) AUTHORIZED STOCK means the stock of all classes and
series a corporation or foreign corporation is authorized to issue. (2) BENEFICIAL STOCKHOLDER
means a person who owns the beneficial interest in stock, which is either a record stockholder
or a person on whose behalf shares of stock are registered in the name of an intermediary
or nominee. (3) CERTIFICATE OF INCORPORATION means the certificate of incorporation described
in Section 10A-2A-2.02, all amendments to the certificate of incorporation, and any other
documents permitted or required to be delivered for filing by a corporation with the Secretary
of State under this chapter or Chapter 1 that modify, amend, supplement, restate, or replace
the certificate of incorporation. After an amendment of the certificate...
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