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11-97-8
Section 11-97-8 Powers of corporation; location of facilities of corporation. (a) Every corporation
shall have all of the powers necessary and convenient to carry out and effectuate the purposes
and provisions of this chapter, including (without limiting the generality of the foregoing)
the following powers: (1) To have succession in its corporate name for the duration of time
(which may be in perpetuity, subject to the provisions of Section 11-97-22 hereof) 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, alter, and repeal bylaws, regulations, and
rules, not inconsistent with the provisions of this chapter, for the regulation and conduct
of its affairs and business; (5) To acquire, whether by gift, purchase, transfer, foreclosure,
lease, or otherwise, to construct and to expand, improve, operate,...
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8-6-2
Section 8-6-2 Definitions. When used in this article, unless the context otherwise requires,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) COMMISSION or SECURITIES COMMISSION. The securities commission. (2) AGENT. Any individual
other than a dealer who represents a dealer or issuer in effecting or attempting to effect
sales of securities, but such term does not include an individual who represents an issuer
in: a. Effecting a transaction in a security exempted by subdivisions (1), (2), (3), (4),
(9) or (10) of Section 8-6-10; b. Effecting transactions exempted by Section 8-6-11; or c.
Effecting transactions with existing employees, partners, or directors of the issuer if no
commission or other remuneration is paid or given directly or indirectly for soliciting any
person in this state. A partner, officer, or director of a dealer or issuer is an agent if
he otherwise comes within this definition. (3) DEALER. Any person engaged in the...
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10A-5-3.03
Section 10A-5-3.03 Agency power of members and managers; duties. REPEALED IN THE 2014 REGULAR
SESSION BY ACT 2014-144 EFFECTIVE JANUARY 1, 2017. (a) Except as provided in subsection (b),
every member is an agent of the limited liability company for the purpose of its business
or affairs, and the act of any member, including, but not limited to, the execution in the
name of the limited liability company of any instrument, for apparently carrying on in the
usual way the business or affairs of the limited liability company binds the limited liability
company, unless the member so acting has, in fact, no authority to act for the limited liability
company in the particular matter and the person with whom the member is dealing has knowledge
of the fact that the member has no such authority. (b) If the certificate of formation provides
that management of the limited liability company is vested in a manager or managers, both
of the following conditions apply: (1) No member, acting solely in...
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16-1-41.1
Section 16-1-41.1 School board governance improvement. (a) This section shall be known and
may be cited as the School Board Governance Improvement Act of 2012. (b) The Legislature finds
and declares all of the following: (1) That the purpose of this section is to enhance the
effectiveness of public education governance in Alabama through the establishment of training
requirements, boardsmanship standards, and accountability measures that are designed to promote
informed deliberations and decisions, to revise the qualifications for serving as a member
of a local board of education, to provide for a code of conduct for each member of a local
board of education in order to better ensure that any decision or action of a local board
of education is based on the interests of students or the system, and to foster the development
and implementation of organizational practices that are designed to promote broad support
of the public schools. (2) A local board of education is the legally...
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41-22-5
Section 41-22-5 Notice of intent to adopt, amend, or repeal rules; adoption of emergency rules;
procedural requirements; proceedings to contest rules. (a) Prior to the adoption, amendment,
or repeal of any rule, the agency shall: (1) Give at least 35 days' notice of its intended
action. Date of publication in the Alabama Administrative Monthly shall constitute the date
of notice. In addition to the other requirements of this chapter, the notice shall state whether
the proposed adoption, amendment, or repeal of the rule relates to or affects in any manner
any litigation which the agency is a party to concerning the subject matter of the proposed
rule. The notice shall include a statement of either the terms or substance of the intended
action or a description of the subjects and issues involved, shall specify a notice period
ending not less than 35 days or more than 90 days from the date of the notice, during which
period interested persons may present their views, and shall specify the...
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45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution of alcoholic
beverages. (a)(1) The Legislature of Alabama is cognizant of "Opinion of the Justices
No. 376," issued April 9, 2002, which states that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901, this...
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11-65-5
Section 11-65-5 Composition of commission; terms; qualifications; removal from office. (a)
Every commission shall have five members, which shall constitute its governing body. All powers
of a commission shall be exercised by its members or pursuant to their authorization. The
mayor or other chief executive officer of the sponsoring municipality and the president or
other designated presiding officer of the county commission of the host county shall each
serve as a member ex officio, unless such official exercises his or her right, as provided
in subsection (b), to appoint a fixed-term member to serve in lieu of such official. The service
of each such official as a member shall begin with the beginning of his or her tenure in such
office and shall end with the ending of such tenure or the appointment by such official of
a fixed-term member to serve in lieu of his or her ex officio service. The other three members
shall be appointed in the manner hereinafter prescribed as soon as may be...
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41-10-547
Section 41-10-547 Bonds of the authority. (a) The authority is authorized from time to time
to sell and issue its bonds for the purpose of financing project costs pertaining to one or
more projects or for the purpose of providing funds to pay training facility management fees,
or any combination of the foregoing including, without limitation, in the case of authority
obligations issued for the purpose of providing funds to pay training facility management
fees, costs, expenses, and other items of the type described in paragraphs g., h., i., and
j. of the definition of project costs in Section 41-10-541 or to enter into guaranty agreements
wherein the authority guarantees payment, in whole or in part, of debt service referable to
obligations issued by development agencies for the purpose of financing project costs pertaining
to one or more projects; provided, however, that the principal amount of authority obligations
shall not exceed three hundred million dollars ($300,000,000). For...
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11-101A-8
Section 11-101A-8 Powers of authority. (a) In addition to all other powers granted elsewhere
in this chapter, and subject to the express provisions of its certificate of incorporation,
an authority shall have the following powers, together with all powers incidental thereto
or necessary to the discharge thereof in corporate form: (1) To have succession by its corporate
name for the duration of time, which may be in perpetuity, specified in its certificate of
incorporation, or until dissolved as provided in Section 11-101A-24. (2) To sue and be sued
in its own name in civil suits and actions, and to defend suits and actions against it, 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,...
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22-21-318
Section 22-21-318 Powers of authority. (a) In addition to all other powers granted elsewhere
in this article, and subject to the express provisions of its certificate of incorporation,
an authority shall have the following powers, together with all powers incidental thereto
or necessary to the discharge thereof in corporate form: (1) To have succession by its corporate
name for the duration of time, which may be in perpetuity, specified in its certificate of
incorporation or until dissolved as provided in Section 22-21-339; (2) To sue and be sued
in its own name in civil suits and actions, and to defend suits and actions against it, including
suits and actions ex delicto and ex contractu, subject, however, to the provisions of Chapter
93 of Title 11, which chapter is hereby made applicable to the authority; (3) To adopt and
make use of a corporate seal and to alter the same at pleasure; (4) To adopt, alter, amend
and repeal bylaws, regulations and rules, not inconsistent with the...
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