11-49B-4
Section 11-49B-4 Procedure to incorporate contents and execution of certificate of incorporation.
Within 40 days after the adoption of an authorizing resolution by the last governing body
to adopt an authorizing resolution if the governing bodies of both the county and the municipality
with which the applications were filed have adopted authorizing resolutions, the applicants
shall proceed to incorporate an authority by filing for record in the office of the judge
of probate of the authorizing county a certificate of incorporation which shall comply in
form and substance with the requirements of this section and which shall be in the form and
executed in the manner herein provided. The certificate of incorporation of the authority
shall state: (1) The names of the persons forming the authority, and that each of them is
a duly qualified elector of the authorizing county. (2) The name of the authority which shall
be "The (insert name of the authorizing municipality) Area Regional Transit...
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11-92A-4
Section 11-92A-4 Application for incorporation. (a) The written application of the incorporators
shall be filed with the probate judge, which application shall: (1) Contain a statement that
the incorporators propose to incorporate an authority pursuant to the provisions of this chapter;
(2) State the authorized operational area of the proposed authority; (3) State that each of
the incorporators is a resident of a county within the authorized operational area of the
proposed authority; and (4) Request that each governing body of each county within the authorized
operational area of the proposed authority adopt a resolution declaring that it is expedient
that the proposed authority be formed, approving the written application, and authorizing
the incorporators to proceed to form the proposed authority by filing for record articles
in accordance with the provisions of this chapter. (b) Such application shall be accompanied
by the form of articles of incorporation of the proposed...
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16-16-10
Section 16-16-10 Disposition of proceeds of bonds. (a) The proceeds of all bonds, other than
refunding bonds, issued by the authority remaining after paying expenses of their issuance
shall be deposited in the State Treasury and shall be carried in the State Treasury in a special
or separate account. Said expenses shall be deducted from that portion of the said proceeds
allocated in subsection (o) of this section. Such remaining funds shall be subject to be drawn
upon by the authority with the approval of the secretary of the authority and the Governor,
but any funds so withdrawn shall be used solely for the purpose of financing the construction,
reconstruction, alteration, improvement and equipment of buildings and other facilities for
public educational purposes, including the cost of architectural services therefor and services
rendered by building inspectors for periodic and final inspections thereof, and for acquiring
sites therefor, in accordance with the provisions of this...
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45-49-90.02
Section 45-49-90.02 Authority to incorporate; participation of municipality. (a) Whenever any
number of natural persons, not less than three, shall file with the governing body of Mobile
County an application in writing for authority to incorporate a public corporation under this
part, which application shall contain the proposed articles of incorporation and bylaws of
the public corporation, and if it shall be made to appear to such governing body that each
of the persons is a duly qualified elector of and owner of property in the county, and if
the governing body of the county shall adopt a resolution which shall be duly entered upon
the minutes of such governing body wherein it shall be found and determined that it is wise,
expedient, necessary, or advisable that such a corporation be formed and that the persons
filing the application shall be authorized to proceed to form such corporation, then the persons
shall proceed to organize such corporation by executing, acknowledging, and...
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11-47-215
Section 11-47-215 Certificate of incorporation of authorities - Contents. The certificate of
incorporation of the authority shall state: (1) The names of the persons forming the authority,
together with the residence of each person, and that each of them is a duly qualified elector
of at least one of the subdivisions. (2) The name of the authority, which may be a name indicating
in a general way the area proposed to be served by the authority and shall include the words
"Public Park Authority" (e.g., "The _____ Public Park Authority," or "The
Public Park Authority of _____," the blank spaces to be filled in with the name of one
or more of the authorizing subdivisions or other geographically descriptive word or words,
the descriptive word or words shall not, however, preclude the authority from locating facilities
or otherwise exercising its powers in other geographical areas), unless the Secretary of State
shall determine that the name is identical to the name of any other corporation...
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11-89A-6
Section 11-89A-6 Board of directors of authority; election; terms of office; vacancies; qualifications;
expenses; meetings; notice and waiver; resolutions; impeachment. (a) Each authority shall
have a board of directors composed of the number of directors provided in the certificate
of incorporation, as most recently amended; provided, however, that in the case of any authority
in existence and incorporated prior to May 11, 1989, the board shall consist of three directors
who shall be elected by the governing body of the determining subdivision for staggered terms
in accordance with the provisions of law as it existed immediately prior to the aforesaid
effective date unless such authority shall otherwise amend its certificate of incorporation
pursuant to the provisions of Section 11-89A-5. Unless provided to the contrary in its certificate
of incorporation, all powers of the authority shall be exercised, and the authority shall
be governed, by the board or pursuant to its...
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11-92B-4
Section 11-92B-4 Application of incorporation. (a) The written application of the incorporators
shall be filed with the judge of probate, which application shall do all of the following:
(1) Contain a statement that the incorporators propose to incorporate an authority pursuant
to this chapter. (2) State the operational area of the proposed authority. (3) State that
each of the incorporators is a resident of the county of incorporation or a municipality whose
corporate limits lie in whole or in part within the operational area of the proposed authority.
(4) Request that the governing body of the county of incorporation adopt a resolution declaring
that it is expedient that the proposed authority be formed, approving the written application,
and authorizing the incorporators to proceed to form the proposed authority by filing for
record articles in accordance with this chapter. (5) Request that the governing body of each
municipality whose corporate limits lie in whole or in part within...
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10A-2-11.05
Section 10A-2-11.05 Articles of merger or share exchange. REPEALED IN THE 2019 REGULAR SESSION
BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
After a plan of merger or share exchange is approved by the shareholders, or adopted by the
board of directors if shareholder approval is not required, the surviving or acquiring corporation
shall deliver to the Secretary of State for filing articles of merger or share exchange setting
forth: (1) The plan of merger or share exchange; (2) If shareholder approval was not required,
a statement to that effect; (3) If approval of the shareholders of one or more corporations
party to the merger or share exchange was required: (i) The designation, number of outstanding
shares, and number of votes entitled to be cast by each voting group entitled to vote separately
on the plan as to each corporation; and (ii) Either the total number of votes cast for and
against the plan by each voting group entitled to vote...
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10A-2-13.02
Section 10A-2-13.02 Right to dissent. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) A shareholder is entitled
to dissent from, and obtain payment of the fair value of his or her shares in the event of,
any of the following corporate actions: (1) Consummation of a plan of merger to which the
corporation is a party (i) if shareholder approval is required for the merger by Section 10A-2-11.03
or the articles of incorporation and the shareholder is entitled to vote on the merger or
(ii) if the corporation is a subsidiary that is merged with its parent under Section 10A-2-11.04;
(2) Consummation of a plan of share exchange to which the corporation is a party as the corporation
whose shares will be acquired, if the shareholder is entitled to vote on the plan; (3) Consummation
of a sale or exchange by all, or substantially all, of the property of the corporation other
than in the usual and regular course of...
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10A-20-5.01
Section 10A-20-5.01 Amendment of charter; fees for filing same; certified copy thereof. (a)
Any educational institution heretofore incorporated under special act of the Legislature or
under the general laws of the state may amend its charter as follows: (1) The trustees of
the corporation must adopt a resolution embracing the desired amendment of the charter, which
must be spread upon the minutes of the trustees; (2) If the trustees are not self-perpetuating,
but are appointed or elected by any persons or organization other than the trustees themselves,
a resolution embracing the desired amendments to the charter shall be submitted to the persons
or organization having the power to elect or appoint the trustees, and the resolution shall
be approved by the persons or organization having the power to elect or appoint the trustees;
(3) The resolution must then be submitted to the Governor, together with the approval of the
persons or organization having the power to appoint or elect the...
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