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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10A-3-2.44
Section 10A-3-2.44 Assertion of lack of capacity or power; defense of ultra vires No act of
a nonprofit corporation and no conveyance or transfer of real or personal property to or by
a nonprofit corporation shall be invalid by reason of the fact that the corporation was without
capacity of power to do an act or to make or receive a conveyance or transfer, but lack of
capacity of power may be asserted: (1) In a proceeding by a member or a director against the
nonprofit corporation to enjoin the doing or continuation of unauthorized acts, or the transfer
of real or personal property by or to the nonprofit corporation. If the unauthorized acts
or transfer sought to be enjoined are being, or are to be, performed pursuant to any contract
to which the nonprofit corporation is a party, the court may, if all of the parties to the
contract are parties to the proceeding and if it deems the same to be equitable, set aside
and enjoin the performance of the contract, and in so doing may allow to...
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34-36-17
Section 34-36-17 Funding. There is hereby established a separate fund in the State Treasury
to be known as the Alabama Board of Electrical Contractors Fund. All money derived under the
provisions of this chapter shall be deposited in this fund and used only to carry out the
provisions of this chapter. Such fund shall be paid out only by warrant of the Comptroller
upon the Treasurer, upon itemized vouchers, approved by the director of the board; provided,
that no funds shall be withdrawn or expended except as budgeted and allotted according to
the provisions of Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12,
and only in amounts as stipulated in the general appropriation or other appropriation bills.
Any funds unspent and unencumbered at the end of any state fiscal year in excess of one hundred
thousand dollars ($100,000) shall be transferred into the State General Fund on or before
January 15 of the succeeding year. In addition, there is hereby appropriated from...
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11-97-4
Section 11-97-4 Incorporation procedure; contents, execution, and filing of certificate of
incorporation. (a) Within 40 days following the adoption of an authorizing resolution the
applicants shall proceed to incorporate a corporation by filing for record in the office of
the judge of probate of the county or one of the counties in which the determining subdivision
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. (b) The certificate of incorporation of the corporation shall state: (1) The names
of the persons forming the corporation, and that each of them is a duly qualified elector
of the determining subdivision; (2) The name of the corporation [which shall be "The
Governmental Utility Services Corporation of ___," with the insertion of the name of
the determining subdivision (which name may include additional wording identifying...
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16-16-6
Section 16-16-6 Members, officers and directors; quorum for transacting business; effect of
death, resignation or expiration of term; salary; record of proceedings; copies of proceedings
as evidence. The applicants named in the application and their respective successors in office
shall constitute the members of the authority. The Governor shall be the president of the
authority, the State Superintendent of Education shall be the vice-president thereof and the
Director of Finance shall be the secretary thereof. The State Treasurer shall be treasurer
thereof, shall act as custodian of its funds and shall pay the principal of and interest on
the bonds of the authority out of the funds hereinafter provided for. The members of the authority
shall constitute all the members of the board of directors of the authority, and any two members
of the said board of directors shall constitute a quorum for the transaction of business.
Should any person holding any state office named in this section...
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16-18B-11
Section 16-18B-11 Alabama Forensic Sciences Bond Fund. The proceeds derived from the sale of
each series of the bonds issued pursuant to this article other than refunding bonds shall
be paid into the State Treasury upon receipt thereof, and the State Treasurer shall keep such
proceeds, as well as all income received from the investment and reinvestment of such proceeds
(including income derived from the investment and reinvestment of previously derived income),
in a special fund in the State Treasury, designated "The Alabama Forensic Sciences Bond
Fund," pending the expenditure of such proceeds and income for the purposes hereinafter
authorized and as required by said amendment. All proceeds so deposited in the State Treasury
shall be continuously invested by the State Treasurer in permitted investments, and as and
when income from the investment of such proceeds is received, such income shall be kept continuously
invested in the same manner as such proceeds. The State Treasurer,...
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16-60-86
Section 16-60-86 Members, officers and proceedings of authority. The applicants named in the
application and their respective successors in office shall constitute the members of the
authority. The Governor shall be the president of the authority, the State Superintendent
of Education shall be the vice-president thereof, and the Director of Finance shall be the
secretary thereof. The State Treasurer shall be the treasurer of the authority, shall act
as custodian of the funds of the authority and shall pay the principal of and interest on
the bonds of the authority out of the funds hereinafter provided for. The members of the authority
shall constitute all the members of the board of directors of the authority, and any two members
of the board of directors shall constitute a quorum for the transaction of business. Should
any person holding any state office named in this section cease to hold office by reason of
death, resignation, expiration of his term of office or for any other...
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16-65-4
Section 16-65-4 Creation of authority; members, organization, etc. There is hereby created
a public body corporate and politic to be known as Alabama Higher Education Equipment Loan
Authority. The authority shall not be a state institution nor a department or agency of the
state, but shall be an instrumentality of purely public charity performing an essential governmental
function, being a distinct corporate entity. The Governor shall be the president of the authority,
the State Treasurer shall be the vice president thereof, and the Director of Finance shall
be the secretary thereof. The State Treasurer shall be treasurer thereof, shall act as custodian
of its funds, and shall pay the principal of and interest on the bonds of the authority out
of the funds hereinafter provided for. The members of the authority shall constitute all the
members of the board of directors of the authority, and any two members of the board of directors
shall constitute a quorum for the transaction of...
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33-16-6
Section 33-16-6 Members, officers and directors; records of proceedings. The applicants named
in the application and their respective successors in office shall constitute the members
of the authority. The Governor shall be the president of the authority, the Lieutenant Governor
shall be its vice-president, and the Director of Finance shall be its secretary. The State
Treasurer shall be the treasurer of the authority and shall act as custodian of its funds,
but he shall not be a member of the authority. The members of the authority shall constitute
all the members of the board of directors of the authority, and any four members of the board
of directors shall constitute a quorum for the transaction of business. Should any person
holding any state office named in this section, or the President of the Coosa-Alabama River
Association, cease to hold office by reason of death, resignation of his term of office or
for any other reason, then his successor in office shall take his place as a...
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33-17-6
Section 33-17-6 Members, officers and directors; records of proceedings. The applicants named
in the application and their respective successors in office shall constitute the members
of the authority. The Governor shall be the president of the authority, the Lieutenant Governor
shall be its vice-president, and the Director of Finance shall be its secretary. The State
Treasurer shall be the treasurer of the authority and shall act as custodian of its funds,
but he shall not be a member of the authority. The members of the authority shall constitute
all the members of the board of directors of the authority, and any four members of the board
of directors shall constitute a quorum for the transaction of business. Should any person
holding any state office named in this section cease to hold office by reason of death, resignation
of his term of office, or for any other reason, then his successor in office shall take his
place as a member and officer of the authority. Except as hereinafter...
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