Code of Alabama

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41-16-72
Section 41-16-72 Procurement of professional services. Any other provision of law notwithstanding,
the procurement of professional services by any agency, department, board, bureau, commission,
authority, public corporation, or instrumentality of the State of Alabama shall be conducted
through the following selection process: (1)a. Except as otherwise provided herein, attorneys
retained to represent the state in litigation shall be appointed by the Attorney General in
consultation with the Governor from a listing of attorneys maintained by the Attorney General.
All attorneys interested in representing the State of Alabama may apply and shall be included
on the listing. The selection of the attorney or law firm shall be based upon the level of
skill, experience, and expertise required in the litigation and the fees charged by the attorney
or law firm shall be taken into consideration so that the State of Alabama receives the best
representation for the funds paid. Fees shall be...
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10A-2A-11.07
Section 10A-2A-11.07 Effect of merger or stock exchange. (a) When a merger becomes effective:
(1) the surviving organization continues or, in the case of a surviving organization created
pursuant to the merger, comes into existence; (2) each constituent organization that merges
into the surviving organization ceases to exist as a separate entity; (3) except as provided
in the plan of merger, all property owned by, and every contract right possessed by, each
constituent organization that ceases to exist vests in the surviving organization without
transfer, reversion, or impairment and the title to any property and contract rights vested
by deed or otherwise in the surviving organization shall not revert, be in any way impaired,
or be deemed to be a transfer by reason of the merger; (4) all debts, obligations, and other
liabilities of each constituent organization, other than the surviving organization, are debts,
obligations, and liabilities of the surviving organization, and neither...
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24-9-7
Section 24-9-7 Disposition of tax delinquent properties. (a) The authority shall adopt rules
and regulations for the disposition of property in which the authority holds a legal interest,
which rules and regulations shall address the conditions set forth in this section. (b) The
authority may manage, maintain, protect, rent, repair, insure, alter, convey, sell, transfer,
exchange, lease as lessor, or otherwise dispose of property or rights or interests in property
in which the authority holds a legal interest to any public or private person for value determined
by the authority on terms and conditions, and in a manner and for an amount of consideration
the authority considers proper, fair, and valuable, including for no monetary consideration.
The transfer and use of property under this section and the exercise by the authority of powers
and duties under Act 2013-249 shall be considered a necessary public purpose and for the benefit
of the public. (c) Before the authority may sell,...
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11-94-9
office in the municipality which is an authorizing subdivision and sub-offices at such other
place or places within the county which is an authorizing subdivision as its board may designate;
(4) To sue and be sued in its own name, excepting actions in tort against the authority; (5)
To acquire, whether by purchase, construction, exchange, gift, lease, or otherwise and to
improve, equip, and furnish and to own and maintain one or more projects or parts thereof,
including all real and personal properties and interests therein which its board may
deem necessary in connection therewith, regardless of whether or not any such project or projects
shall then be in existence; (6) To acquire, whether by purchase, construction, exchange, gift,
or otherwise and to improve rights-of-way, streets, approaches, roads, railroad lines, interests
in land, including the fee simple title to real property and riparian rights necessary or
useful and convenient in gaining access, entry, or approach to...
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41-9-62
of board generally; employees of municipalities, counties, etc., not within jurisdiction of
board, etc. (a) The Board of Adjustment shall have the power and jurisdiction and it shall
be its duty to hear and consider: (1) All claims for damages to the person or property growing
out of any injury done to either the person or property by the State of Alabama or
any of its agencies, commissions, boards, institutions or departments, with the exception
of claims by employees of the state for personal injury or death arising out
of the course of employment with the State of Alabama, where such employees are covered by
an employee injury compensation program; (2) All claims for personal injuries
to or the death of any convict, and all claims for personal injuries to or the death
of any employee of a city or county board of education, or college or university, arising
out of the course of the employee's employment and where the employee is not covered by a
worker's compensation...
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10A-1-7.35
Section 10A-1-7.35 Out of state business or property of foreign entity not subject to control
or regulation. (a) The public interest lying in the promotion of business and industry in
this state, it is the intent of the Legislature and declared to be the policy of the State
of Alabama by passage of this section to promote and encourage industry and business in Alabama
and specifically to induce the location within this state of the principal administrative
office, principal distribution or manufacturing plant or principal place of business of foreign
entities engaged in manufacturing, industrial, commercial, business, transportation, utility,
public service, and research enterprises. This section shall be liberally construed in conformity
with this intention. (b) When a foreign entity that transacts only a portion of its business
in this state has located, or is in the process of locating, its principal administrative
office, its principal distribution or manufacturing plant or its...
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25-5-1
an artificial member of the body by accidental means. (8) INJURIES BY AN ACCIDENT ARISING OUT
OF AND IN THE COURSE OF THE EMPLOYMENT. Without otherwise affecting either the meaning or
interpretation of the clause, the clause does not cover workers except while engaged in or
about the premises where their services are being performed or where their service requires
their presence as a part of service at the time of the accident and during the hours of service
as workers. (9) INJURY. "Injury and personal injury"
shall mean only injury by accident arising out of and in the course of the employment,
and shall not include a disease in any form, except for an occupational disease or where it
results naturally and unavoidably from the accident. Injury shall include physical
injury caused either by carpal tunnel syndrome disorder or by other cumulative trauma
disorder if either disorder arises out of and in the course of the employment, and breakage
or damage to eyeglasses, hearing aids,...
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8-6-5
Section 8-6-5 Registration of securities - Registration by notification. (a) The following
securities may be registered by notification, whether or not they are also eligible for registration
by coordination under Section 8-6-6: (1) Any security whose issuer and any predecessors have
been in continuous operation for at least five years if: a. There has been no default during
the current fiscal year or within the three preceding fiscal years in the payment of principal,
interest, or dividends on any security of the issuer, or any predecessor, with a fixed maturity
or a fixed interest or dividend provision; and b. The issuer and any predecessors during the
past three fiscal years have had average net earnings determined in accordance with generally
accepted accounting practices which are applicable to all securities without a fixed maturity
or a fixed interest or dividend provision and which: 1. Equal at least five percent of the
amount of securities without a fixed maturity or a fixed...
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10A-1-1.03
limited liability company or association, a member; and (D) with respect to another foreign
or domestic entity, an owner of an equity interest in that entity. (69) OWNERSHIP INTEREST.
An owner's interest in an entity. The term includes the owner's share of profits and losses
or similar items and the right to receive distributions. The term does not include an owner's
right to participate in management or participate in the direction or oversight of the entity.
An ownership interest is personal property. (70) PARENT or PARENT ENTITY. An entity
that: (A) owns at least 50 percent of the ownership or membership interest of a subsidiary;
or (B) possesses at least 50 percent of the voting power of the owners or members of a subsidiary.
(71) PARTNER. A limited partner or general partner. (72) PARTNERSHIP. Includes a general partnership,
a limited liability partnership, a foreign limited liability partnership, a limited partnership,
a foreign limited partnership, a limited liability...
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23-7-5
Section 23-7-5 Powers and functions. (a) In addition to the powers contained in other provisions
of this chapter, the bank has all power necessary, useful, or appropriate to fund, operate,
and administer the bank, and to perform its other functions including, but not limited to,
the following power to: (1) Have perpetual succession. (2) Adopt, promulgate, amend, and repeal
bylaws, not inconsistent with this chapter for the administration of the bank's affairs and
the implementation of its functions including the right of the board to select qualifying
projects and to provide loans and other financial assistance. (3) Sue and be sued in its own
name. (4) Have a seal and alter it at pleasure, although the failure to affix the seal does
not affect the validity of an instrument executed on behalf of the bank. (5) Make loans to
qualified borrowers to finance the eligible costs of qualified projects and to acquire, hold,
and sell loan obligations at prices and in a manner as the board...
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