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10A-2A-11.04
permitted by Section 10A-2A-10.05, its certificate of incorporation will not be changed; and
(3) each stockholder of the corporation whose stock was outstanding immediately before the
effective date of the merger or stock exchange will hold the same number of shares of stock,
with identical preferences, rights and limitations, immediately after the effective date of
the merger. (i) If as a result of a merger or stock exchange one or more stockholders of a
corporation will have new personal liability with respect to the surviving organization
or the acquiring entity, approval of the plan of merger or stock exchange will be ineffective
without the consent to the plan of merger or stock exchange of the stockholder who will have
new personal liability. A stockholder does not give consent required in this subsection
(i) merely by consenting to a provision in the certification of incorporation, the bylaws,
or an agreement of the stockholders, that allows for a plan of merger or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2A-11.04.htm - 11K - Match Info - Similar pages
16-33C-7
Section 16-33C-7 PACT contracts. (a) Each PACT contract shall include, but shall not be limited
to, the following terms: (1) The amount and the number of contract payments required from
a purchaser on behalf of a designated beneficiary. (2) The terms and conditions under which
purchasers shall remit contract payments, including, but not limited to, the date or dates
upon which each contract payment shall be due. (3) Provisions for late payment charges and
for default. (4) Provisions for withdrawal from the PACT Program, including refunds and any
penalty therefor. (5) The name and date of birth of the designated beneficiary on whose behalf
a contract is drawn. (6) Terms and conditions under which another person may be subsequently
substituted for the designated beneficiary originally named. (7) The name of the person entitled
to terminate the PACT contract, the terms and conditions under which a PACT contract may be
terminated, and the name of the person entitled to any refund due as a...
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19-3B-802
Section 19-3B-802 Duty of loyalty. (a) A trustee shall administer the trust solely in the interests
of the beneficiaries. (b) Subject to the rights of persons dealing with or assisting the trustee
as provided in Section 19-3B-1012, a sale, encumbrance, or other transaction involving the
investment or management of trust property entered into by the trustee for the trustee's own
personal account or which is otherwise affected by a conflict between the trustee's
fiduciary and personal interests is voidable by a beneficiary affected by the transaction
unless: (1) the transaction was authorized by the terms of the trust; (2) the transaction
was approved by the court; (3) the beneficiary did not commence a judicial proceeding within
the time allowed by Section 19-3B-1005; (4) the beneficiary consented to the trustee's conduct,
ratified the transaction, or released the trustee in compliance with Section 19-3B-1009; or
(5) the transaction involves a contract entered into or claim acquired by...
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19-3B-816
Section 19-3B-816 Specific powers of trustee. (a) Without limiting the authority conferred
by Section 19-3B-815, a trustee may: (1) collect trust property and accept or reject additions
to the trust property from a settlor or any other person, including, but not being limited
to, the authority to receive, collect, hold, and retain common or preferred stock or other
interests in the trustee or any related party; (2) acquire or sell property, for cash or on
credit, at public or private sale; (3) exchange, partition, or otherwise change the character
of trust property; (4) deposit trust money in an account in a regulated financial-service
institution; (5) borrow money, with or without security, and mortgage or pledge trust property
for a period within or extending beyond the duration of the trust; (6) with respect to an
interest in a proprietorship, partnership, limited liability company, business trust, corporation,
or other form of business or enterprise, continue the business or other...
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22-30E-10
Section 22-30E-10 Limitation of liability provisions. (a) The Legislature declares that, in
order to achieve the economic redevelopment and site rehabilitation of contaminated properties
in accordance with this chapter, it is imperative to encourage financing of real property
transactions involving qualifying property. Accordingly, a lender, including one serving as
a trustee, personal representative, or in any other fiduciary capacity in connection
with a loan, and a lender holding evidence of ownership of a qualifying property primarily
to protect a security interest, or as a result of foreclosure or a deed in lieu of foreclosure
of a security interest, is entitled to the liability protection established in subsection
(a) of Section 22-30E-9 if the lender meets each of the following requirements: (1) The lender
has not caused or contributed to a release of a contaminant at the qualified property. (2)
The lender seeks to sell, transfer, or otherwise divest the qualifying property at...
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23-1-278
Section 23-1-278 Enforcement of division generally. (a) Any sign erected or maintained in an
adjacent area after February 10, 1972, and any outdoor advertising sign, display, or device
erected with the purpose of its message being read from the main-traveled way of any interstate
highway or primary highway outside of an urban area and beyond 660 feet of the right-of-way
after April 11, 1978, in violation of the provisions of this division or the rules and regulations
promulgated under the provisions of this division may be removed by the director upon 30 days'
prior notice by certified or registered mail to the owner thereof and to the owner of the
land on which said sign is located or through court proceedings at the option of the director.
No notice shall be required to be given to the owner of the sign or to a property owner whose
name is not stated on the sign or on the structure on which it is displayed or whose address
is not stated thereon and is not on file with the director....
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41-22-27
Section 41-22-27 Effective date of chapter; validity, review, etc., of existing rules; disposition
of certain cases and proceedings. (a) This chapter shall take effect at 12:01 a.m., October
1, 1982; provided, however, that Section 41-22-22 shall take effect October 1, 1981. In order
that the Legislative Reference Service may appoint and hire an aide to receive the rules and
in order to promulgate the Alabama Administrative Code and the Alabama Administrative Monthly
as soon as possible, subsections (a) and (b) of Section 41-22-6 and subsections (a) through
(e) of Section 41-22-7 shall also become effective October 1, 1981. It shall be the duty of
all agencies in existence on the passage of this chapter and all agencies created thereafter
to cooperate with the office of the Legislative Services Agency, Legal Division, in compiling
the Alabama Administrative Code and the Alabama Administrative Monthly by submitting to the
committee all rules now and hereafter in effect, and all proposed...
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41-22-3
Section 41-22-3 Definitions. The following words and phrases when used in this chapter shall
have the meanings respectively ascribed to them in this section, except when the context otherwise
requires: (1) AGENCY. Every board, bureau, commission, department, officer, or other administrative
office or unit of the state, including the Alabama Department of Environmental Management,
other than the Legislature and its agencies, the Alabama State Port Authority, the courts,
the Alabama Public Service Commission, or the State Banking Department, whose administrative
procedures are governed by Sections 5-2A-8 and 5-2A-9. The term does not include boards of
trustees of postsecondary institutions, boards of plans administered by public pension systems,
counties, municipalities, or any agencies of local governmental units, unless they are expressly
made subject to this chapter by general or special law. (2) COMMITTEE. The Joint Committee
on Administrative Rule Review, comprised of the members of...
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5-19-12
at seller's risk. Within 10 days after a home solicitation sale has been cancelled or an offer
to purchase revoked, the seller must tender to the buyer any payments made or goods traded
in by the buyer, or the amount equal to the trade-in allowance stated in the agreement, and
any note or other evidence of debt. Within a reasonable time thereafter the buyer, upon demand,
must tender at the buyer's residence to the seller any goods delivered by the seller. If the
seller fails to demand such possession within 20 days after receipt of the notice, the goods
become the property of the buyer without obligation to pay for them. (c) The provisions of
this section shall not apply if the buyer furnishes the seller with a separate dated and signed
personal statement describing an emergency requiring immediate remedy and modifying
or waiving his right to cancel. The use of printed forms for this purpose is prohibited. (Acts
1971, No. 2052, p. 3290, §8; Acts 1996, No. 96-576, p. 887, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-12.htm - 3K - Match Info - Similar pages
6-5-332.2
including a response action contractor as defined in Section 22-35-3, is not liable for removal
costs or damages which result from actions taken or omitted to be taken in the course of rendering
care, assistance, or advice consistent with the National Contingency Plan or as otherwise
directed by the Federal On-Scene Coordinator or by any state official with responsibility
for oil spill response. (2) Subdivision (1) of this subsection does not apply: a. to a responsible
party; b. with respect to personal injury or wrongful death; c. if the person
is grossly negligent or engages in wanton or willful misconduct: or d. If the person's act(s)
or omission(s) proximately caused, in whole or in part, the original actual or threatening
discharge; or any additional or further actual or threatening discharge. (3) A responsible
party is liable for any removal costs and damages that another person is relieved of under
subdivision (1). (4) Nothing in this section affects the liability of a...
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