10A-1-8.01
Section 10A-1-8.01 Conversion of business and nonprofit entities. (a) A conversion of an entity
may be accomplished as provided in this section: (1) CORPORATIONS. a. The terms and conditions
of a plan of conversion of a corporation, other than a nonprofit corporation, must be approved
in accordance with the procedures and by the stockholder vote required by Article 9 of Chapter
2A. If the governing documents provide for approval of a conversion by less than all of a
corporation's stockholders, approval of the conversion shall constitute corporate action subject
to appraisal rights pursuant to Article 13 of Chapter 2A. No conversion of a corporation to
a general or limited partnership may be effected without the consent in writing of each stockholder
who will have personal liability with respect to the converted entity, notwithstanding any
provision in the governing documents of the converting corporation providing for less than
unanimous stockholder approval for the conversion. b. The...
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8-1-171
Section 8-1-171 Conveyance of real estate by insane person not void if made in good faith.
(a) Whenever any person shall purchase in good faith and for a valuable consideration real
estate from an insane person without notice of such insanity, such contract and conveyance
shall not be void; but such insane person may recover from the vendee, or those claiming under
him, the difference between the market value of such real estate at the time of the sale and
the price paid therefor, with interest thereon, and shall have a lien on such real estate
to secure the same. (b) Purchasers from such vendee without notice of the insanity of the
original vendor shall be protected in like manner and have the benefits of this section. (Code
1907, §3347; Code 1923, §6822; Code 1940, T. 9, §41.)...
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26-17-704
Section 26-17-704 Consent to assisted reproduction. (a) Consent by a married woman to assisted
reproduction for herself must be in a record signed by the woman and her husband and maintained
by the assisting licensed physician. Consent by the husband of a married woman is not required
for the donation of eggs by a married woman for assisted reproduction by another woman. (b)
Failure of the husband to sign a consent required by subsection (a), before or after birth
of the child, does not preclude a finding that the husband is the father of the child born
to his wife if the wife and husband openly held out the child as their own. (c) The consent
of a spouse to assisted reproduction may be withdrawn by that individual at anytime before
placement of the donated eggs, sperm, or embryos. The withdrawal must be in a signed record
maintained by the licensed assisting physician. (Act 2008-376, p. 666, §2.)...
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30-4-37
Section 30-4-37 Disposal of interest in real estate by spouse of insane person - Mode not exclusive.
The mode prescribed in Sections 30-4-32 through 30-4-36 shall not be considered exclusive
and shall not repeal any existing law upon the subject of said sections, or be construed as
limiting authority which the courts now have with reference to the same. (Acts 1933, Ex. Sess.,
No. 151, p. 141; Acts 1935, No. 394, p. 865; Code 1940, T. 34, §88.)...
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43-2-23
Section 43-2-23 Issuance of letters to married woman. It shall not be necessary, in order for
letters testamentary to issue to a married woman, for her husband to consent thereto; and
the husband shall not be responsible for her acts. (Code 1852, §1660; Code 1867, §1978;
Code 1876, §2342; Code 1886, §2007; Code 1896, §49; Code 1907, §2511; Code 1923, §5733;
Code 1940, T. 61, §72.)...
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40-7-17
Section 40-7-17 By whom property should be listed. The property of every minor shall be listed
by his guardian, if he has one; if he has no guardian, by his father, if living; if the father
is dead, by his mother, if living; if the mother is also dead or married, by the person having
it in charge; of the wife, by the husband, if living and sane, and the parties reside together;
if the husband is dead or insane, or he is not living with his wife, by the wife; of any person
for whose benefit the property is held in trust, by the trustee; of every deceased person,
by the executor or administrator, but if there be no executor or administrator by any person
having an interest in the estate of said decedent by bequest or devise or under the laws of
descent and distribution; of those whose property is in the hands of receivers, by such receivers;
of every firm or body corporate, by the partner, president, principal officer, or agent thereof;
property in the hands or custody of any public...
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35-4-344
Section 35-4-344 Article not exclusive. This article shall not be construed as prescribing
the exclusive way in which any literary society, social society, Young Men's Christian Association,
or Young Women's Christian Association may convey their real estate or the manner in which
they may execute conveyances. (Acts 1923, No. 374, p. 397; Code 1923, §6953; Code 1940, T.
47, §45.)...
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6-10-2
Section 6-10-2 Homestead exemption - Amount; area. The homestead of every resident of this
state, with the improvements and appurtenances, not exceeding in value fifteen thousand dollars
($15,000) and in area 160 acres, shall be, to the extent of any interest he or she may have
therein, whether a fee or less estate or whether held in common or in severalty, exempt from
levy and sale under execution or other process for the collection of debts during his or her
life and occupancy and, if he or she leaves surviving him or her a spouse and a minor child,
or children, or either, during the life of the surviving spouse and minority of the child,
or children, but the area of the homestead shall not be enlarged by reason of any encumbrance
thereon or of the character of the estate or interest owned therein by him or her. When a
husband and wife jointly own a homestead each is entitled to claim separately the exemption
provided herein, to the same extent and value as an unmarried individual....
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6-10-40
Section 6-10-40 Sale of land and separation of homestead interest from that of alienee. When
the homestead, after being reduced to the lowest practicable area, exceeds $5,000 in value
and the husband or wife has aliened the same by deed, mortgage, or other conveyance without
the voluntary signature and assent of the spouse, shown and acknowledged as required by law,
the alienor or, if he or she fails to act, the spouse or, if there is no spouse or if he or
she fails to act, their minor child or children may, by filing a complaint, have the land
sold and the homestead interest separated from that of the alienee. (Code 1876, §2832; Code
1886, §2538; Code 1896, §2064; Code 1907, §4191; Code 1923, §7913; Code 1940, T. 7, §656;
Acts 1980, No. 80-569, p. 879, §6.)...
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11-20-34
Section 11-20-34 Certificate of incorporation - Filing with probate judge; examination, approval,
and recordation by probate judge. When executed and acknowledged in conformity with Section
11-20-33, the certificate of incorporation shall be filed with the judge of probate of the
county. The judge of probate shall thereupon examine the certificate of incorporation and,
if he finds that the recitals contained therein are correct, that the requirements of Section
11-20-33 have been complied with and that the name is not identical with or so nearly similar
to that of another corporation already in existence in this state as to lead to confusion
and uncertainty, he shall approve the certificate of incorporation and record it in an appropriate
book or record in his office. The recording of the certificate shall constitute the findings
and approval required by the preceding sentence. When such certificate has been so made and
filed, the applicants shall constitute a public corporation under...
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