Code of Alabama

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10A-2A-3.04
Section 10A-2A-3.04 Lack of power to act. THIS SECTION WAS AMENDED BY ACT 2020-73 IN THE 2020
REGULAR SESSION, EFFECTIVE JANUARY 1, 2021. TO SEE THE AMENDED VERSION, SEE THE SECOND VERSION
LABELED PENDING. (a) Except as provided in subsection (b), the validity of corporate action
may not be challenged on the ground that the corporation lacks or lacked power to act. (b)
A corporation's power to act may be challenged: (1) in a proceeding by a stockholder against
the corporation to enjoin the act; (2) in a proceeding by the corporation, directly, derivatively,
or through a receiver, trustee, or other legal representative, against an incumbent or former
director, officer, employee, or agent of the corporation; or (3) in a proceeding by the Attorney
General under Section 10A-2A-14.10. (c) In a stockholder's proceeding under subsection (b)(1)
to enjoin an unauthorized corporate act, the court may enjoin or set aside the act, if equitable
and if all affected persons are parties to the...
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11-97-25
Section 11-97-25 Notice of bond resolution; contest to validity of bonds, etc. (a) Upon the
adoption by the board of any corporation of any resolution providing for the issuance of bonds,
such corporation may, in the discretion of its board, cause a notice respecting the issuance
of such bonds to be published once a week for two consecutive weeks in each county in which
shall be located any facility financed or in any way assisted by the issuance of such bonds,
such publication in each such county to be in a newspaper having general circulation therein.
Such notice shall be in substantially the following form (the blanks being properly filled
in), at the end of which shall be printed the name and title of either the chairman or secretary
of such corporation: "___, a public corporation and instrumentality of the State of Alabama,
on the ______ day of _____, authorized the issuance of $_____ principal amount of bonds (or
notes or other obligations, as the case may be) of the said...
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11-44A-12
Section 11-44A-12 Judicial proceedings unaffected by adoption of mayor-council government.
No action or proceeding, civil or criminal, pending at the time of the adoption of the mayor-council
form of government, brought by or against the municipality or any office, department, board,
or agency or officer thereof, shall be affected or abated by the adoption of the mayor-council
form of government or by anything therein contained in this article. (Acts 1984, No. 84-397,
p. 922, §12.)...
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2-6-121
Section 2-6-121 Resolutions authorizing bonds. (a) Any resolution authorizing any bonds under
this article shall contain a recital that they are issued pursuant to this article, which
recital shall be conclusive evidence that the bonds have been duly authorized pursuant to
this article, notwithstanding the provisions of any other law now in force or hereafter enacted
or amended. Upon the passage of any resolution providing for the issuance of bonds under this
article, the corporation, in its discretion, may cause to be published once in each of two
consecutive weeks in a newspaper published and having general circulation in the City of Montgomery
a notice in substantially the following form, the blanks being first properly filled in: "Garrett
Coliseum Redevelopment Corporation, a public corporation and agency of the State of Alabama,
on the ___ day of _____, _____, adopted a resolution providing for the issuance of _____ dollars
principal amount of bonds of the authority. Any action or...
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2-6-83
Section 2-6-83 Notice of resolution regarding issuance of securities; limitation of actions
to contest validity of securities; venue of actions under article. Upon the adoption by the
board of directors of the corporation of any resolution providing for the issuance of securities
under the provisions of this article, the corporation may, in its discretion, cause to be
published once a week for two consecutive weeks in a newspaper published and having general
circulation in the City of Montgomery, a notice in substantially the following form (the blanks
being first properly completed): "The Alabama Agricultural Markets and Coliseum Corporation
(an instrumentality of the State of Alabama), on the _____ day of ______, authorized the issuance
of $_____ principal amount of securities of the said corporation for purposes authorized in
the act of the Legislature of Alabama under which said corporation was organized. Any action
or proceeding questioning the validity of the said securities or...
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41-10-278
Section 41-10-278 Presumption of validity of bonds and publication of notice thereof; civil
action challenging validity. Any resolution authorizing any bonds hereunder shall contain
a recital that they are issued pursuant to the provisions of this article, which recital shall
be conclusive evidence that said bonds have been duly authorized pursuant to the provisions
of this article, notwithstanding the provisions of any other law now in force or hereafter
enacted or amended. Upon the passage of any resolution providing for the issuance of bonds
under the provisions of this article, the authority may, in its discretion, cause to be published
once in each of two consecutive weeks in a newspaper published and having general circulation
in the City of Montgomery a notice in substantially the following form (the blanks being first
properly filled in): Alabama Judicial Building Authority, a public corporation in the State
of Alabama, on the _____ day of _____, 20__, adopted a resolution...
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41-10-475
Section 41-10-475 Presumption of validity of bonds and publication of notice thereof. Any resolution
authorizing any bonds hereunder shall contain a recital that they are issued pursuant to the
provisions of this article, which recital shall be conclusive evidence that said bonds have
been duly authorized pursuant to the provisions of this article, notwithstanding the provisions
of any other law now in force or hereafter enacted or amended. Upon the passage of any resolution
providing for the issuance of bonds under the provisions of this article, the authority may,
in its discretion, cause to be published once in each of two consecutive weeks in a newspaper
published and having general circulation in the City of Montgomery a notice in substantially
the following form (the blanks being first properly filled in): "Alabama Building Renovation
Finance Authority, a public corporation and agency of the State of Alabama, on the _____ day
of _____, _____, adopted a resolution providing for...
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41-10-760
Section 41-10-760 Notice - Contested actions. (a) Upon the adoption by the directors of any
resolution providing for the issuance of bonds, the authority may cause to be published once
a week for two consecutive weeks, in newspapers published or having a general circulation
in the Cities of Birmingham, Montgomery, Huntsville, and Mobile, a notice in substantially
the following form, at the end of which shall be printed the name and title of either the
president or the secretary of the authority: "Alabama Economic Settlement Authority,
a public corporation under the laws of the State of Alabama, on the ____ day of ______, authorized
the issuance of $_____ principal amount of bonds for purposes authorized in Article 19, Chapter
10 of Title 41 of the Code of Alabama 1975. The proceeds from the sale of the bonds are proposed
to be used to ___. Any action or proceeding questioning the validity of the bonds, the security
thereof, the use of the proceeds thereof, or the proceedings...
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11-101A-19
Section 11-101A-19 Authorization of securities. (a) Any resolution authorizing any securities
under this chapter may contain a recital that they are issued pursuant to this chapter, which
recital shall be conclusive evidence that the securities have been duly authorized pursuant
to this chapter, notwithstanding any other law now in force or hereafter enacted or amended.
Upon the adoption by the board of any resolution providing for the issuance of securities,
the authority may cause to be published once a week for two consecutive weeks in a newspaper
published in the county in which the principal office of the authority is located, or, if
there is no newspaper, then in a daily newspaper published in the state, a notice in substantially
the following form, with any appropriate changes, to the extent applicable and with the blanks
being properly filled in: " ___, a public corporation and instrumentality under the laws
of the State of Alabama, has authorized the...
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18-1A-253
Section 18-1A-253 Effect of pending condemnation action. If a condemnation action has been
commenced and is pending between the parties to an arbitration agreement under this article:
(1) A petition, motion, or other proceeding thereafter initiated in connection with the arbitration
shall be filed in and determined by the court in the condemnation action; (2) The court in
the condemnation action may stay the determination of an issue of compensation in the action
until arbitration pursuant to the agreement has been concluded; and (3) The total or apportioned
amounts of compensation as determined by the arbitration award and confirmed by the court
shall be included in the judgment of condemnation as the amount of compensation for the property.
(Acts 1985, No. 85-548, p. 802, §1504.)...
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