45-38-141.03
Section 45-38-141.03 Amendment of certificate of incorporation. (a) The certificate
of incorporation of the authority incorporated under this part may at any time and from time
to time be amended in the manner provided in this section. (b)(1) The board of directors
of the authority shall first adopt a resolution proposing an amendment to the certificate
of incorporation which shall be set forth in full in the resolution and which amendment may
include any or all of the following: a. A change in the name of the authority. b. The addition
to the service area of the authority of new territory lying within Lamar County. c. Provisions
for the operation of a system or facility the operation of which is not then provided for
in the certificate of incorporation of the authority and which the authority is authorized
by this part to operate. d. Any matters which might have been included in the original certificate
of incorporation. e. Provisions for the addition to the service area of the...
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45-47-250.03
Section 45-47-250.03 Amendment to certificate of incorporation. (a) The certificate
of incorporation of the authority incorporated under this article may at any time, and from
time to time, be amended in the manner provided in this section. (b)(1) The board of
directors of the authority shall first adopt a resolution proposing an amendment to the certificate
of incorporation which shall be set forth in full in the resolution and which amendment may
include: a. A change in the name of the authority. b. The addition to the service area of
the authority of new territory lying within Marion County. c. Provisions for the operation
of a system or facility the operation of which is not then provided for in the certificate
of incorporation of the authority and which the authority is authorized by this article to
operate. d. Any matters which might have been included in the original certificate of incorporation.
e. Provisions for the addition to the service area of the authority of new...
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10A-2A-18.01
Section 10A-2A-18.01 Application to existing corporations. (a) Before January 1, 2021,
this chapter governs only: (1) a corporation incorporated on or after January 1, 2020; and
(2) a corporation incorporated before January 1, 2020, which elects, by amending or restating
that corporation's certificate of incorporation, to be governed by this chapter. (b) On and
after January 1, 2021, this chapter governs all existing corporations incorporated under:
(1) any general or special law of this state providing for the incorporation of corporations
for a purpose or purposes for which a corporation might be incorporated under this chapter,
where the power has been reserved to amend, repeal, or modify the law under which the corporation
was incorporated; and (2) any predecessor statute hereto. (c) For purposes of applying this
chapter to a corporation incorporated before January 1, 2020: (1) the corporation's incorporation
document, whether a certificate of incorporation, certificate of...
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11-50-411
Section 11-50-411 Disposition of net profits of district; "net income" defined;
distribution of less than net income for fiscal year; availability for payment in future fiscal
years. All the net income of the gas transmission system or systems, for each fiscal year,
of a gas district incorporated under this article shall, unless otherwise provided in the
certificate of incorporation of such district, be divided, within a reasonable time after
the close of each fiscal year, among its member municipalities in proportion to the amount
of gas sold to or within each such municipality. All the net income of each gas distribution
system, for each fiscal year, of any such district shall, unless otherwise provided in its
certificate of incorporation, be distributed and paid, within a reasonable time after the
close of each fiscal year, to the municipality or municipalities within which such distribution
system is located. The term "net income" as used in the preceding two paragraphs
of this...
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11-88-5
Section 11-88-5 Authorization and procedure for amendment of certificate of incorporation.
(a) The certificate of incorporation of any authority incorporated under the provisions of
this article may at any time and from time to time be amended in the manner provided in this
section. (b)(1) The board of directors of the authority shall first adopt a resolution
proposing an amendment to the certificate of incorporation which shall be set forth in full
in the resolution and which amendment may include: a. A change in the name of the authority;
b. The addition to the service area of the authority of new territory lying within the determining
county; c. Provisions for the operation of a system or facility the operation of which is
not then provided for in the certificate of incorporation of the authority and which the authority
is authorized by this article to operate; d. Any matters which might have been included in
the original certificate of incorporation; e. Provisions for the addition...
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45-30-250.03
Section 45-30-250.03 Amendment to certificate of incorporation. (a) The certificate
of incorporation of the authority incorporated under this article may at any time and from
time to time be amended in the manner provided in this section. (b)(1) The board of
directors of the authority shall first adopt a resolution proposing an amendment to the certificate
of incorporation which shall be set forth in full in the resolution. The amendment may include
any of the following: a. A change in the name of the authority. b. The addition to the service
area of the authority of new territory lying within Franklin County. c. Provisions for the
operation of a system or facility not currently provided for in the certificate of incorporation
of the authority for which the authority is authorized by this article to operate. d. Any
matters which could have been included in the original certificate of incorporation. e. Provisions
for the addition to the service area of the authority of new territory...
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11-54B-11
Section 11-54B-11 District management corporation limits, powers, and duties. (a) District
management corporations shall be incorporated under the Alabama Nonprofit Corporation Act
(Chapter 3A of Title 10) and shall exercise their powers in a manner consistent with such
act. (b) To qualify for designation by ordinance to manage a self-help business improvement
district, the articles of incorporation of a proposed district management corporation must
provide the following: (1) That the property, business, and affairs of the corporation shall
be managed by a board of directors. (2) The names and addresses of the initial members of
the board of directors. (3) That the initial members of the board shall be divided into three
groups which are as equal in number as is possible, that such groups will serve for initial
terms of one (1), two (2) and three (3) years respectively, and that all directors thereafter
elected by the board of directors shall serve for a term of three (3) years. (4)...
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11-54B-41
Section 11-54B-41 Definitions. As used in this article, the following words and phrases
shall have the following meanings: (1) DISTRICT MANAGEMENT CORPORATION. An entity created
by incorporation under the Alabama Nonprofit Corporation Act, Chapter 3 of Title 10A, and
designated by ordinance by the incorporated municipality to manage a self-help business improvement
district. (2) MUNICIPALITY. Those municipalities designated as Class 2 municipalities as defined
in Section 11-40-12. (3) SELF-HELP BUSINESS IMPROVEMENT DISTRICT. An area within the
incorporated municipality designated by ordinance as an area in which a special assessment
may be levied on the owners of real property located within the geographical area of the district
for the purposes of providing supplemental services within the district and promoting the
economic and general welfare of the district or, alternatively with respect to a district
formed for the purpose of increasing tourism within the municipality, an area or...
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11-50-312
Section 11-50-312 Acknowledgment, filing and recordation of certificate of incorporation;
amendment of certificate of corporation formed under this article or under Division 1 of Article
8 of this chapter. (a) The certificate of incorporation of any corporation organized under
this article shall state: (1) The name of the corporation, which shall be a name indicating
the system or systems for the operation of which the corporation is organized (e.g., "the
waterworks and electric board of the City (or Town) of _____," or "the utilities
board of the City (or Town) of _____"); (2) The location of its principal office and
the post office address thereof; (3) The period for the duration of the corporation (if the
duration is to be perpetual, this fact should be stated); and (4) The objects for which the
corporation is organized. The certificate of incorporation may also contain any provisions
not contrary to law which the incorporators may choose to insert for the regulation and conduct
of...
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11-54B-50
Section 11-54B-50 District management corporation limits, powers, and duties. (a) District
management corporations provided for in this article shall be incorporated under the Alabama
Nonprofit Corporation Act, Chapter 3 of Title 10A, and shall exercise their powers in a manner
consistent with that law. (b) To qualify for designation by ordinance to manage a self-help
business improvement district, the articles of incorporation of a proposed district management
corporation shall provide all of the following: (1) That a board of directors shall manage
the property, business, and affairs of the corporation. (2) The names and addresses of the
initial members of the board of directors. (3) That the initial members of the board shall
be divided into three groups which are as equal in number as is possible, that those groups
will serve for initial terms of one, two, and three years respectively, and that all directors
thereafter elected by the board of directors shall serve for a term of...
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