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10A-2-8.53
Section 10A-2-8.53 Advance for expenses. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94
EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) A corporation may
pay for or reimburse the reasonable expenses incurred by a director who is a party to a proceeding
in advance of final disposition of the proceeding if: (1) The director furnishes the corporation
a written affirmation of good faith belief that he or she has met the standard of conduct
described in Section 10A-2-8.51; (2) The director furnishes the corporation a written undertaking,
executed personally or on the director's behalf, to repay the advance if it is ultimately
determined that the director did not meet the standard of conduct, or is not otherwise entitled
to indemnification under Section 10A-2-8.51(d), unless indemnification is approved by the
court under Section 10A-2-8.54; (3) A determination is made that the facts then known to those
making the determination would not preclude...
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10A-2-13.31
Section 10A-2-13.31 Court costs and counsel fees. REPEALED IN THE 2019 REGULAR SESSION BY ACT
2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The court
in an appraisal proceeding commenced under Section 10A-2-13.30 shall determine all costs of
the proceeding, including compensation and expenses of appraisers appointed by the court.
The court shall assess the costs against the corporation, except that the court may assess
costs against all or some of the dissenters, in amounts the court finds equitable, to the
extent the court finds the dissenters acted arbitrarily, vexatiously, or not in good faith
in demanding payment under Section 10A-2-13.28. (b) The court may also assess the reasonable
fees and expenses of counsel and experts for the respective parties, in amounts the court
finds equitable: (1) Against the corporation and in favor of any or all dissenters if the
court finds the corporation did not substantially comply with the requirements of...
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10A-2-8.54
Section 10A-2-8.54 Court-ordered indemnification. REPEALED IN THE 2019 REGULAR SESSION BY ACT
2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. A director
of the corporation who is a party to a proceeding may apply for indemnification to the court
conducting the proceeding, or may file an action therefor in another court of competent jurisdiction
if the court has jurisdiction over the corporation and the corporation is a party to the proceeding.
On receipt of the application or the filing of the action, the court after giving any notice
it considers necessary may order indemnification if it determines: (1) The director is entitled
to mandatory indemnification under Section 10A-2-8.52, in which case the court shall also
order the corporation to pay the director's reasonable expenses incurred to obtain court-ordered
indemnification; or (2) The director is fairly and reasonably entitled to indemnification
in view of all the relevant circumstances, whether or...
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27-19A-2
Section 27-19A-2 Definitions. As used in this chapter, the following terms shall have the respective
meanings herein set forth, unless the context shall otherwise require: (1) ALABAMA INSURANCE
CODE. Title 27 of the Code of Alabama 1975. (2) INSURER. Such term shall have the meaning
ascribed in Section 27-1-2. (3) PERSON. Such term shall have the meaning ascribed in Section
27-1-2. (4) COMMISSIONER and DEPARTMENT. Such terms, respectively, shall have the meanings
ascribed in Section 27-1-2. (5) CONTRACTUAL OBLIGATION. Any obligation under covered policies
or employee benefit plans. (6) COVERED POLICY OR PLAN. Any policy, employee benefit plan,
or contract within the scope of this chapter. (7) HEALTH INSURANCE POLICY. Any individual,
group, blanket, or franchise insurance policy, insurance agreement, or group hospital service
contract providing benefits for dental care expenses incurred as a result of an accident or
sickness. (8) EMPLOYEE BENEFIT PLAN. Any plan, fund, or program...
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43-2-510
Section 43-2-510 Credit for expenses of minor distributees. (a) When the estate of a decedent
is solvent, the executor or administrator, out of the assets in his hands, may defray the
necessary and reasonable expenses of maintaining and educating minors who are entitled to
distribution therein, and who have no legal guardian; and, upon any partial or final settlement
by him, the probate court must allow him credit for such expenses. To the extent the expenses
are not within the family allowance, the expenses shall be charged against the shares of such
minors and deducted therefrom on any distribution of the estate. (b) An executor or administrator
defraying such expenses must file with his account for a settlement a separate account of
the amounts paid therefor on account of each of such minors accompanied by proper vouchers,
showing the amounts and for what expended. (Code 1876, §§2644, 2645; Code 1886, §§2159,
2160; Code 1896, §§227, 288; Code 1907, §§2676, 2677; Code 1923,...
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8-27-4
Section 8-27-4 Remedies for actual or threatened misappropriation; intentional remuneration
of a third party for misappropriation. (a) The remedies available for actual or threatened
misappropriation of a trade secret are: (1) To the extent that they are not duplicative: a.
Such injunctive and other equitable relief as may be appropriate with respect to any actual
or threatened misappropriation of a trade secret, b. Recovery of any profits and other benefits
conferred by the misappropriation that are attributable to the misappropriation (In establishing
the misappropriator's profits, the complainant is required to present proof only of the misappropriator's
gross revenue, and the misappropriator is required to present proof of his or her deductible
expenses and the elements of profit attributable to factors other than the trade secret.),
and c. The actual damages suffered as a result of the misappropriation; (2) Reasonable attorney's
fees to the prevailing party if: a. A claim of...
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10A-5-4.04
Section 10A-5-4.04 Derivative actions. REPEALED IN THE 2014 REGULAR SESSION BY ACT 2014-144
EFFECTIVE JANUARY 1, 2017. (a) A member may bring an action in the right of a limited liability
company to recover a judgment in its favor if the members or managers with authority to do
so have refused to bring the action or if an effort to cause those members or managers to
bring the action is not likely to succeed. (b) In a derivative action, the plaintiff shall
be a member (1) at the time of bringing the action or have succeeded to the right of a member
by operation of law or pursuant to the terms of the operating agreement from a person who
was a member and (2) at the time of the transaction of which he or she complains. (c) In a
derivative action, the complaint shall set forth with particularity the effort of the plaintiff
to secure initiation of the action by the members or managers with authority to do so, or
the reasons for not making the effort. (d) If a derivative action is...
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25-5-66
Section 25-5-66 Disposition of compensation upon remarriage of widow of employee who has another
dependent. THIS SECTION WAS AMENDED BY ACT 2019-445 IN THE 2019 REGULAR SESSION, EFFECTIVE
SEPTEMBER 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) In case of the remarriage
of the surviving spouse of an employee who has another dependent, the unpaid balance of compensation,
which would otherwise become due, shall be paid to the dependent or may, on approval by the
court, be paid to some suitable person designated by the court for the use and benefit of
the dependent. Payment to that person shall discharge the employer from any further liability.
(b) Subsection (a) does not apply to the surviving spouse of a law enforcement officer or
firefighter who dies on or after January 1, 2018, as a result of injuries received while engaged
in the performance of his or her duties. (Code 1923, §7555; Acts 1939, No. 661, p. 1036,
§4; Code 1940, T. 26, §284; Acts 1992, No. 92-537, p. 1082,...
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26-5-16
Section 26-5-16 Compensation of conservator - Commissions generally; allowances for actual
expenses and for special or extraordinary services rendered; premiums on bond. A conservator
is entitled for his or her services to reasonable compensation. On final settlement, an allowance
must be made of actual expenses necessarily incurred by him or her and, for special or extraordinary
services rendered, such compensation must be allowed the conservator as is just, but no allowance
of actual expenses or for special or extraordinary services must be made except upon an itemized
account, verified by affidavit, of such expenses or of such special or extraordinary services,
and in its decree the court must state each item for such services for which compensation
is allowed. The conservator shall be allowed all reasonable premiums paid on his or her bond
as conservator. (Code 1886, §2465; Code 1896, §2350; Code 1907, §4440; Code 1923, §8213;
Code 1940, T. 21, §143; Acts 1987, No. 87-590, p....
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28-4-229
Section 28-4-229 Fees and allowances of officers executing writs of seizure; payment of costs
in proceedings. There shall be allowed the officer making the seizure under a writ issued
under Sections 28-4-225 and 28-4-226 in an injunction proceeding the sum of $3.00 and the
sum of $.10 for every mile traveled in making the seizure, together with such reasonable sum
as the court may deem just for necessary expenses incurred in transporting and providing storage
for liquors and beverages and other movable property seized, all which costs shall be taxed
in the bill of costs and, if not collected from a defendant, then shall be taxed and paid
as in criminal prosecutions in which the state fails. The costs in such injunction proceedings,
unless charged against some party defendant by the court and collected from him, shall be
paid as in criminal actions in which the state fails, upon the court making an order to that
effect. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923,...
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