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26-2A-138
Section 26-2A-138 Who may be appointed conservator; priorities. (a) The court may appoint an
individual or a corporation with general power to serve as trustee or conservator of the estate
of a protected person. The following are entitled to consideration for appointment in the
order listed: (1) A conservator, guardian of property, or other like fiduciary appointed or
recognized by an appropriate court of any other jurisdiction in which the protected person
resides; (2) An individual or corporation nominated by the protected person who is 14 or more
years of age and of sufficient mental capacity to make an intelligent choice; (3) An attorney-in-fact
under a valid durable power of attorney previously executed by the protected person and giving
the attorney-in-fact reasonably broad powers over the property of the protected person; (4)
The spouse of the protected person, or a person nominated by the will of a deceased spouse
to whom the protected person was married at the decedent's death...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-138.htm - 2K - Match Info - Similar pages
8-12-18
Section 8-12-18 Remedies. (a) Any owner of a mark registered under this article may proceed
by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations
thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture,
use, display, or sale as may be by the court deemed just and reasonable, and may require the
defendants to pay to such owner all profits derived from, and/or all damages suffered by reason
of, such wrongful manufacture, use, display, or sale, and to pay the costs of the action.
In assessing profits, the owner shall be required to prove defendant's sales only; defendant
must prove all elements of cost or deduction claimed. The court may also order that any such
counterfeits or imitations in the possession or under the control of any defendant in such
case, be delivered to an officer of the court, or to the complainant, to be destroyed. (b)
In assessing damages the court may enter judgment, according to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-12-18.htm - 2K - Match Info - Similar pages
10A-2A-13.30
Section 10A-2A-13.30 Court action. (a) If a stockholder makes demand for payment under Section
10A-2A-13.26 which remains unsettled, the corporation shall commence a proceeding within 60
days after receiving the payment demand and petition the court to determine the fair value
of the stock and accrued interest. If the corporation does not commence the proceeding within
the 60-day period, it shall pay in cash to each stockholder the amount the stockholder demanded
pursuant to Section 10A-2A-13.26 plus interest. (b) The corporation shall commence the proceeding
in the designated court, and if none, the circuit court for the county in which the corporation's
principal office is located in this state, and if none in this state, in the circuit court
for the county in which the corporation's most recent registered office is located. (c) The
corporation shall make all stockholders (regardless of whether they are residents of this
state) whose demands remain unsettled parties to the proceeding...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2A-13.30.htm - 2K - Match Info - Similar pages
10A-2-13.30
Section 10A-2-13.30 Court action. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) If a demand for payment under
Section 10A-2-13.28 remains unsettled, the corporation shall commence a proceeding within
60 days after receiving the payment demand and petition the court to determine the fair value
of the shares and accrued interest. If the corporation does not commence the proceeding within
the 60 day period, it shall pay each dissenter whose demand remains unsettled the amount demanded.
(b) The corporation shall commence the proceeding in the circuit court of the county where
the corporation's principal office, or, if none in this state, its registered office, is located.
If the corporation is a foreign corporation without a registered office in this state, it
shall commence the proceeding in the county in this state where the registered office of the
domestic corporation merged with or whose shares were...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2-13.30.htm - 3K - Match Info - Similar pages
26-2A-136
Section 26-2A-136 Permissible court orders. (a) The court shall exercise the authority conferred
in this division to encourage the development of maximum self-reliance and independence of
a protected person and make protective orders only to the extent necessitated by the protected
person's mental and adaptive limitations and other conditions warranting the procedure. (b)
The court has the following powers that may be exercised directly or through a conservator
in respect to the estate and business affairs of a protected person: (1) While a petition
for appointment of a conservator or other protective order is pending and after preliminary
hearing and without notice, the court may preserve and apply the property of the person to
be protected as may be required for the support of the person or dependents of the person.
(2) After hearing and upon determining that a basis for an appointment or other protective
order exists with respect to a minor without other disability, the court has...
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26-2B-201
Section 26-2B-201 Definitions; significant connection factors. (a) In this article, the following
terms shall have the following meanings: (1) EMERGENCY. A circumstance that likely will result
in substantial harm to a respondent's health, safety, or welfare, and for which the appointment
of a guardian is necessary because no other person has authority and is willing to act on
the respondent's behalf. (2) HOME STATE. The state in which the respondent was physically
present, including any period of temporary absence, for at least six consecutive months immediately
before the filing of a petition for a protective order or the appointment of a guardian; or
if none, the state in which the respondent was physically present, including any period of
temporary absence, for at least six consecutive months ending within the six months prior
to the filing of the petition. (3) SIGNIFICANT-CONNECTION STATE. A state, other than the home
state, with which a respondent has a significant connection...
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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears from
a petition for a protection order or a petition to modify a protection order that abuse has
occurred or from a petition for a modification of a protection order that a modification is
warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5-7.htm - 7K - Match Info - Similar pages
9-9-14
Section 9-9-14 Board of water management commissioners - Composition; qualifications, appointment,
terms of office, oath and bond of commissioners; seal; officers and employees generally; meetings;
vacancies; quorum. Upon the organization of the district, the court of probate shall appoint
three water management commissioners to be designated "Board of Water Management Commissioners,"
who shall have control of the affairs of the district, and each commissioner shall be an owner
of real property within the district and shall be over 19 years of age, and at least one of
them shall be a resident of the county in which the proceedings are held. Whenever the owners
of a majority in acres of the land comprising a district petition the court for appointment
of a person qualified under this article to act as a water management commissioner, it shall
be the duty of the court to appoint such person or persons, but in the absence of such petition
it shall be the duty of the court to appoint such...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-9-14.htm - 4K - Match Info - Similar pages
10A-20-5.03
Section 10A-20-5.03 Disposition of property of educational corporations where the stockholders
are unknown or the number of shares is unknown. (a) Where the charter of any educational corporation
organized under the laws of this state, general or special, provides for the issuance of stock
and the stockholders are unknown or where the amount or number of shares are unknown, the
property of the corporation may be disposed of as follows: The acting trustees or directors
having peaceable charge of the business and property of the corporation, whether legally elected
or not, may contract to sell or otherwise dispose of the property of the corporation in the
manner as they may deem best to carry out the purpose of the corporation, which action must
be concurred in by a majority of the acting trustees or directors. (b) Within 30 days after
making the contract or agreement, the trustees or directors shall cause to be filed in the
name of the corporation, in the circuit court of the county in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-20-5.03.htm - 4K - Match Info - Similar pages
12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-102.htm - 12K - Match Info - Similar pages
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