Code of Alabama

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5-5A-3
Section 5-5A-3 Procedure for incorporation - Affidavit of proposed incorporators; affidavit
of proposed stockholders; submission of proposed certificate of incorporation; disclosure
to stockholders. After the notice of intention to incorporate has been published, the parties
named as proposed incorporators in the published notice of the proposed corporation shall
make an affidavit before some officer authorized to administer oaths and in said affidavit
shall set forth the fact of publication of the notice as required by Section 5-5A-2, the names
of the proposed stockholders, and the names of the proposed executive officers; and attach
to the affidavit a copy of the published notice; and each proposed stockholder shall make
an affidavit which shall state for himself that he bona fide intends to become a stockholder
in the amount subscribed for in the proposed bank. These affidavits shall be filed with the
superintendent; and, at the time of filing these affidavits, the proposed...
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5-5A-2
Section 5-5A-2 Procedure for incorporation - Notice of intention to incorporate. Before a bank
can become incorporated under the laws of Alabama, a notice of intention to organize such
bank shall be published once a week for three successive weeks in the newspaper designated
by the superintendent. Such notice shall specify the names of the proposed incorporators,
the name of the proposed corporation, the place where it proposes to do business and the amount
of capital paid in with which it will commence business, provided however, where the superintendent
determines an emergency exists which might cause or has caused closing or liquidating an existing
bank, the superintendent may waive such advance publication requirement in order to permit
formation of a new bank, and such publication shall occur after the new bank commences business.
(Acts 1980, No. 80-658, §5-5-2.)...
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5-5A-5
Section 5-5A-5 Procedure for incorporation - Filing of objections to incorporation of proposed
bank; investigation of objections. Any bank doing business in the community or any reputable
citizen in the community may file with the superintendent an objection to the incorporation
of the proposed bank, provided that the superintendent may refuse to accept objections after
15 days from the last date of publication of the notice of intention to incorporate. If such
objection is filed, the superintendent shall thoroughly and specifically inquire into and
investigate the objections. The superintendent in his investigation may summon witnesses to
appear before him, and may administer oaths to such witnesses, and may examine such witnesses
under oath. The superintendent may in his discretion disclose in confidence to the proposed
incorporators such information which relates to the proposed bank as he deems appropriate
and the superintendent and employees of the Banking Department shall be...
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5-5A-8
Section 5-5A-8 Procedure for incorporation - Refusal to permit incorporation; appeal from refusal
to Banking Board. If the superintendent is of the opinion from his investigation that the
character and general fitness of the persons named as stockholders or executive officers are
such as not to command the confidence of the community in which such bank is proposed to be
located or that there is not a sufficient business to support said bank in said community
or that the convenience or needs of said community shall not be served, he shall issue under
his hand and official seal, a refusal to permit the incorporation of the proposed bank and
a copy of his refusal shall be filed in the superintendent's office, and the refusal and the
proposed certificate of incorporation shall be returned to the proposed incorporators or their
agent. No right of appeal to the Banking Board exists except upon refusal of the superintendent
to permit incorporation. Any proposed stockholder or individual may...
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5-5A-1
Section 5-5A-1 Procedure for incorporation - Application for permit. (a) The proposed incorporators
of a bank shall execute and acknowledge an application for a permit in writing in the form
prescribed by the superintendent and shall file the same in the office of the State Banking
Department, which application shall be signed by all of the incorporators requesting a certificate
authorizing the proposed bank to transact business at the place, time and under the name stated
in said application. (b) At the time of filing said application, the applicant shall pay to
the superintendent a filing fee. (c) The application shall name at a minimum five directors,
and a majority of all directors shall be outside directors unless a written waiver is obtained
from the superintendent. A director shall be deemed to be an outside director if the director
will not serve as an officer, other than the chair, or an employee of the bank. (d) The application
shall name a chair, chief executive officer, a...
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37-6-18
Section 37-6-18 Dissolution. (a) A cooperative which has not commenced business may dissolve
voluntarily by delivering to the Secretary of State articles of dissolution, executed and
acknowledged on behalf of the cooperative by a majority of the incorporators, which shall
state: (1) The name of the cooperative; (2) The address of its principal office; (3) The date
of its incorporation; (4) That the cooperative has not commenced business; (5) That the amount,
if any, actually paid in on account of membership fees, less any part thereof disbursed for
necessary expenses, has been returned to those entitled thereto and that all easements shall
have been released to the grantors; (6) That no debt of the cooperative remains unpaid; and
(7) That a majority of the incorporators elect that the cooperative be dissolved. Such articles
of dissolution shall be submitted to the Secretary of State for filing as provided in this
chapter. (b) A cooperative which has commenced business may dissolve...
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15-18-179
Section 15-18-179 Application for incorporation; certificate of incorporation; amendment; board
of directors; dissolution; funding; competitive bidding laws not applicable. (a) A public
corporation may be organized as a community punishment and corrections authority pursuant
to this article in any county or group of counties located in one or more judicial circuits.
In order to incorporate the public corporation, any number of natural persons, not less than
three, who are duly qualified electors of a proposed county or counties shall first file a
written application with the county commission or any two or more thereof. The application
shall contain all of the following: (1) The names of each county commission with which the
application is filed. (2) A statement that the applicants propose to incorporate an authority
pursuant to this article. (3) The proposed location of the principal office of the authority.
(4) A statement that each of the applicants is a duly qualified elector of...
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5-5A-4
Section 5-5A-4 Procedure for incorporation - Investigation as to fitness of stockholders and
executive officers and necessity for banks. The superintendent shall ascertain whether the
character and general fitness of the persons named as proposed incorporators, proposed stockholders
and proposed executive officers in the affidavit and in the proposed certificate of incorporation
are such as to command the confidence of the community in which such bank is proposed to be
located, and the superintendent shall make this inquiry and determination, regardless of whether
or not objections to the incorporation are filed with him. The superintendent shall investigate
the convenience and need for a bank in the community where the same is proposed to be located
and shall also ascertain if there is sufficient business in said community to support said
bank. (Acts 1980, No. 80-658, §5-5-4.)...
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11-62-3
Section 11-62-3 Application for authority to form corporation; adoption of resolution by governing
body authorizing incorporation; execution, acknowledgement, filing, recordation and contents
of certificate of incorporation; effect of granting of authority for incorporation upon incorporation
of other such corporations. (a) By proceeding in the manner set forth herein, any number of
natural persons, not less than three, may incorporate a special care facilities financing
authority in any municipality of the state. Such authority shall be organized as a public
corporation and instrumentality of the state with the powers hereinafter set forth. The incorporators
shall first file with the governing body of such municipality a written application seeking
permission to incorporate such authority, which application shall be accompanied by a proposed
form of certificate of incorporation for such authority and such supporting documents or evidence
as the incorporators may consider appropriate...
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11-89C-3
Section 11-89C-3 Public corporation - Procedure for incorporation. (a) Three or more natural
persons who are either the mayor of a municipality or the chair of a county governing body
of a county or counties in which a municipality is wholly or partially situated, may file
with their respective governing bodies a written application to incorporate a public corporation
pursuant to this chapter. If each of the governing bodies adopts a resolution declaring that
the formation of a public corporation is wise, expedient, and necessary, and approves the
proposed certificate of incorporation, the incorporators shall proceed to incorporate the
public corporation pursuant to this chapter by executing and filing for record in either the
office of the judge of probate of the participating county having the largest population according
to the last federal decennial census, or, if there is not a participating county, in any county
in which the municipality with the largest population according to...
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