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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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12-15-206
Section 12-15-206 Transfer of delinquent and child in need of supervision proceedings between
juvenile courts within the state. If a child resides in a county of the state and the delinquency
or child in need of supervision proceeding is commenced in a juvenile court of another county,
the juvenile court in the county in which the proceeding was commenced, on its own motion
or a motion of a party and after consultation with the receiving juvenile court, may transfer
the proceeding to the county of the residence of the child for such further action or proceedings
as the juvenile court receiving the transfer may deem proper. A transfer may also be made
if the residence of the child changes pending the proceeding. The proceeding shall be so transferred
if the child has been adjudicated delinquent or in need of supervision and other proceedings
involving the child are pending in the juvenile court of the county of his or her residence.
Certified copies of all legal and social records...
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18-1A-253
Section 18-1A-253 Effect of pending condemnation action. If a condemnation action has been
commenced and is pending between the parties to an arbitration agreement under this article:
(1) A petition, motion, or other proceeding thereafter initiated in connection with the arbitration
shall be filed in and determined by the court in the condemnation action; (2) The court in
the condemnation action may stay the determination of an issue of compensation in the action
until arbitration pursuant to the agreement has been concluded; and (3) The total or apportioned
amounts of compensation as determined by the arbitration award and confirmed by the court
shall be included in the judgment of condemnation as the amount of compensation for the property.
(Acts 1985, No. 85-548, p. 802, §1504.)...
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27-10-26
part by any government or governmental agency. (5) In any insurer made ineligible as a surplus
line insurer by order of the commissioner received by or known to the broker. The commissioner
may issue an order of ineligibility if he or she finds that the insurer: a. Does not meet
the financial requirements of this section; b. Has without just cause refused to pay valid
claims arising under its contracts in this state or has otherwise conducted its affairs in
a manner as to result in injury or loss to the insuring public of this state; or c.
Has conducted its affairs in a manner as to result in the avoidance of payment of tax as required
by Sections 27-10-31 and 27-10-35. (c) When it appears after a search of surplus lines insurers
that any particular insurance risk which is eligible to be placed in accordance with the surplus
line law but on which insurance coverage, in whole or in part, is not procurable from foreign
or alien insurers meeting all of the requirements of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-10-26.htm - 4K - Match Info - Similar pages
27-3-24
Section 27-3-24 Service of process on insurers - Appointment of commissioner as agent. (a)
Each insurer applying for a certificate of authority to transact business in this state shall
file with the commissioner an appointment of the commissioner and his successors in office,
on a form as furnished by the commissioner, as its attorney upon whom may be served all lawful
process in any action or proceeding against it in this state and therein shall agree that
any such process served upon such attorney shall be of the same force and validity as if served
on the insurer. The appointment shall be irrevocable, shall bind the insurer and any successor
in interest or to the assets or liabilities of the insurer and shall remain in effect as long
as there is outstanding in this state any obligation or liability of the insurer resulting
from its transactions therein. (b) At the time of such appointment of the commissioner as
its process agent, the insurer shall file with the commissioner...
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34-21-128
Section 34-21-128 Oversight, dispute resolution, enforcement,etc. (a) Oversight. (1) Each party
state shall enforce this compact and take any action necessary and appropriate to effectuate
the purposes and intent of this compact. (2) The commission shall receive service of process
in any proceeding that may affect the powers, responsibilities, or actions of the commission,
and shall have standing to intervene in such a proceeding for all purposes. Failure to provide
service of process in a proceeding to the commission shall render the judgment or order void
as to the commission, this compact, or promulgated rules. (b) Default, technical assistance,
and termination. (1) If the commission determines that a party state has defaulted in the
performance of its obligations or responsibilities under this compact or the adopted rules,
the commission shall do all of the following: a. Provide written notice to the defaulting
state and other party states of the nature of the default, the proposed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-21-128.htm - 4K - Match Info - Similar pages
5-11A-8
Section 5-11A-8 Sale of bonds or securities for satisfaction of judgment against trust company.
When any person, firm or corporation has established by final court proceedings a claim against
said company to secure which said bonds or other securities were deposited and said claim
is not paid within 30 days by said company, the State Treasurer shall proceed forthwith to
sell a sufficient number of said bonds to pay the judgment against said company and pay said
judgment by paying the amount to the proper official of the court wherein said judgment exists.
(Acts 1980, No. 80-658, §5-11-8.)...
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6-6-200
of the judgment creditor filed with the clerk or register, such clerk or register of such court
shall issue a notice to the person, firm, or corporation against whom such execution shall
have been so returned, requiring such person, persons, member or members of such firm or corporation,
through a duly authorized agent, to file in such court within 30 days from the service of
such notice a statement in writing, under oath, of all of the assets of such person, firm,
or corporation, including money, choses in action, notes, bonds, and accounts and all other
property, real, personal or mixed, or any interest therein, with a detailed description
of the same, the location and reasonable value of each item thereof, together with a detailed
list or statement of any and all liens, mortgages, or encumbrances thereon, showing the amounts
due upon each and the owner or holder of such liens, encumbrances, or mortgages. (Acts 1915,
No. 813, p. 927; Code 1923, §7348; Code 1940, T. 7, §903.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-200.htm - 1K - Match Info - Similar pages
6-9-232
Section 6-9-232 Filing judgment with clerk of circuit court; effect of judgment. A copy of
any foreign judgment authenticated in accordance with an act of Congress or the statutes of
this state may be filed in the office of the clerk of any circuit court of this state. A clerk
of any circuit court shall note the filing in a special docket set up for foreign judgments.
A judgment so filed has the same effect and is subject to the same procedures, defenses and
proceedings for reopening, vacating, or staying as a judgment of a circuit court of this state
and may be enforced or satisfied in like manner; provided, however, that any proceeding that
is brought to enforce support obligations of other jurisdictions in this state by the withholding
of income derived in this state shall be brought in accordance with Chapter 3A, commencing
with Section 30-3A-101, of Title 30. (Acts 1986, Ex. Sess., No. 86-713, p. 127, §3; Acts
1997, No. 97-245, p. 398, §2.)...
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10A-2-3.04
Section 10A-2-3.04 Ultra vires. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (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 shareholder 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-2-14.30. (c)
In a shareholder'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 proceeding, and may award damages for loss, other than...
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