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6-9-253
Section 6-9-253 Recognition of foreign-country judgments. (a) Except as otherwise provided
in subsections (b) and (c), a court of this state shall recognize a foreign-country judgment
to which this article applies. (b) A court of this state shall not recognize a foreign-country
judgment if: (1) the judgment was rendered under a judicial system that does not provide impartial
tribunals or procedures compatible with the requirements of due process of law; (2) the foreign
court did not have personal jurisdiction over the defendant; or (3) the foreign court did
not have jurisdiction over the subject matter. (c) A court of this state need not recognize
a foreign-country judgment if: (1) the defendant in the proceeding in the foreign court did
not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(2) the judgment was obtained by fraud that deprived the losing party of an adequate opportunity
to present its case; (3) the judgment or the claim for relief on...
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11-54-174
Section 11-54-174 Procedure to incorporate; contents and execution of certificate of incorporation;
filing. Within 40 days following the adoption of an authorizing resolution the applicants
shall proceed to incorporate an authority by filing for record in the office of the judge
of probate of the county or one of the counties in which the authorizing municipality is located
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. (2) The name of the authority (which shall be "The Commercial
Development Authority of the City of _____," with the insertion of the name of the authorizing
municipality, unless the Secretary of State shall determine that such name is identical to
the name of any other corporation organized under the laws of the state or...
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16-17A-17
Section 16-17A-17 Conveyance of property, etc., to authority; pledge of full faith and credit.
(a) The state, any university, any governmental entity, and any public corporation is hereby
authorized to give, transfer, convey, or sell to any authority or a university affiliate,
with or without consideration: (1) Any of its health care facilities and other properties,
real or personal, and any funds and assets, tangible or intangible, relative to the ownership
or operation of any such health care facilities, including any certificates of need, assurances
of need, or other similar rights appertaining or ancillary thereto, irrespective of whether
they have been exercised. (2) Any taxes, revenues, or funds owned or controlled by it. (3)
Nothing in this chapter shall be construed as allowing an authority or university affiliate
to be exempt from compliance with all applicable laws and regulations of the State Certificate
of Need program and the Alabama State Health Planning and Development...
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22-27-6
Section 22-27-6 Authority to adopt resolution or ordinance; rules and regulations; noncompliance
as public nuisance; citation; court proceedings. (a) The county commission may by resolution
or ordinance provide for the orderly collection of fees charged under the provisions of this
article. Such commission may establish periodic payment systems and is authorized to purchase
necessary supplies and materials and employ personnel necessary to effectuate any such periodic
payment system. Such periodic payment system may be effected by the county through negotiation
with any one or more public or private utilities providing service in the county for the periodic
billing of such fees and the collection thereof on behalf of the county by one or more such
utilities. Any delinquency in any such payment shall constitute a violation of this article
and entitle the county to pursue any remedy provided in this article. The county may agree
to pay reasonable compensation to any such utility for its...
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27-17A-10
Section 27-17A-10 Certificate required. (a) No person may sell a preneed contract without first
having a valid certificate of authority. (b)(1) No person may receive any funds for payment
on a preneed contract who does not hold a valid certificate of authority. (2) Any preneed
transaction in which a buyer pays to the seller before need, in whole or in part, a purchase
price for funeral or cemetery merchandise and services, and in which the seller is not obligated
to deliver the contracted for merchandise or to perform the services until need, in whole
or in part, shall be evidenced by a written preneed contract satisfying the requirements of
this chapter and signed by the seller and the purchaser. No person may receive or accept any
form of consideration in such a transaction without a fully signed written preneed contract.
A transaction not evidenced by a signed written preneed contract shall be voidable at the
election of the buyer and, if such election is made, the seller shall...
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27-17A-11
Section 27-17A-11 Application for certificate; statements; issuance; expiration; transfer.
(a) An application to the commissioner for a certificate of authority shall be accompanied
by the statement and other matters described in this section in the form prescribed by the
commissioner. Annually thereafter, within six months after the end of its fiscal period, or
within an extension of time therefor, as the commissioner for good cause may grant, the person
authorized to engage in the sale of preneed contracts shall file with the commissioner a full
and true statement of his or her financial condition, transactions, and affairs, prepared
on a basis as adopted by a rule of the commissioner, as of the preceding fiscal period or
at such other time or times as the commissioner may provide by rule, together with information
and data which may be required by the commissioner. (b) The statement shall include all of
the following: (1) The types of preneed contracts proposed to be written and the...
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33-15-3
Section 33-15-3 Procedure for incorporation. To become a corporation, the persons who are designated
to become members of the initial board of directors of the authority, as provided in Section
33-15-4, shall present to the Judge of Probate of Franklin County a certificate of incorporation
signed by them which shall contain: (1) The name and official residence of each of the said
persons; (2) The term of office of each of the said persons as such directors; (3) The name
of the proposed corporation which shall be Bear Creek Development Authority; (4) The location
of the principal office of the proposed corporation which shall be in one of said named counties;
and (5) Any other matter relating to the incorporation that the said persons may choose to
insert and which is not inconsistent with this article or the laws of the State of Alabama.
The certificate of incorporation shall be accompanied by: (1) A certificate by the clerk of
each of the municipalities of Red Bay, Vina, Hodges,...
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41-10-136
Section 41-10-136 Definitions. The following words and phrases used in this article and others
evidently intended as the equivalent thereof shall, in the absence of clear implication in
this article otherwise, be given the following respective interpretations: (1) APPLICANT.
A natural person who files a written application with the Governor in accordance with the
provisions of Section 41-10-138. (2) AREA OF OPERATION. The area specified in the certificate
of incorporation of an authority, within which the authority is empowered to carry on its
business and activities under this article. (3) AUTHORITY. A public corporation organized
pursuant to the provisions of this article. (4) BOARD. The board of directors of an authority.
(5) BONDS. Includes bonds, notes, debentures and certificates representing an obligation to
pay money. (6) COMMISSION. The Alabama Historical Commission, an agency of the state established
under Section 41-9-240. (7) COUNTY. Any county in this state. (8) DIRECTOR....
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41-10-396
Section 41-10-396 Powers of authority generally. The authority shall have the following powers
among others specified in this article: (1) To have succession by its corporate names until
dissolved as provided in this article; (2) To institute legal proceedings in any court of
competent jurisdiction to enforce its contractual, statutory and other rights; provided that
the authority shall be considered an instrumentality of the State of Alabama and entitled
to the sovereign immunity of the state; provided further, that any claim, demand or action
against the authority, or any of its directors, officers, employees or agents arising out
of their official capacities, shall be presented to the Board of Adjustment, which shall have
exclusive jurisdiction of any such claim, demand or action; (3) To have and to use a corporate
seal and to alter the same at pleasure; (4) To make and alter all needful bylaws, rules and
regulations for the transaction of the authority's business and the control of...
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41-10-425
Section 41-10-425 Powers of the authority. The authority shall have the following powers among
others specified in this article: (1) To have succession by its corporate names until dissolved
as provided in this article; (2) To institute or maintain legal proceedings in any court of
competent jurisdiction to enforce its contractual, statutory and other rights; (3) To have
and to use a corporate seal and to alter the same at pleasure; (4) To make and alter all needful
bylaws, rules and regulations for transaction of the authority's business and the control
of its property affairs; (5) The authority may, from time to time, borrow an amount not to
exceed $400,000.00, as may be needed, to acquire, hold title to real property, to prepare
and construct facilities and to sell, convey, lease, leaseback or rent and maintain that certain
property located in the City of Montgomery, Montgomery County, Alabama, which is owned by
and in the name and interest of the State of Alabama and the Real...
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