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22-21-77
Section 22-21-77 Powers of corporation. The corporation shall have the following powers, together
with all powers incidental thereto or necessary to the discharge thereof in corporate form:
(1) To have succession by its corporate name for the duration of time, which may be in perpetuity,
specified in its certificate of incorporation or until dissolved as provided in Section 22-21-82;
(2) To maintain actions and have actions maintained against it and to defend action maintained
against it; (3) To make use of a corporate seal and to alter the same at pleasure; (4) To
receive, acquire, take and hold, whether by purchase, gift, lease, devise or otherwise, real
and personal estate of every description and to manage and dispose of same by any form of
legal conveyance or transfer; (5) To acquire, construct, equip, enlarge, improve, maintain
and operate a hospital and to do all things necessary to that end; (6) With the approval of
the board of directors, to design, construct, purchase or...
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34-2-36
Section 34-2-36 Penalties; hearing; enforcement; appeal. (a) On or after April 28, 1999, any
person who knowingly, willfully, or intentionally violates any provision of this chapter shall
be guilty of a Class A misdemeanor. Each day of violation shall constitute a distinct and
separate offense. (b) When it appears to the board that any person is violating any of the
provisions of this chapter, the board may in its own name bring an action in the circuit court
for an injunction, and the court may enjoin any person from violating this chapter regardless
of whether the proceedings have been or may be instituted before the board or whether criminal
proceedings have been or may be instituted. (c) In addition to any other provisions of law,
the board may enter an order assessing a civil penalty against any nonregistered person, corporation,
or other entity found guilty by the board of, but not limited to, the following violations
of this chapter: (1) Engaging in the practice or offer to...
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6-5-501
Section 6-5-501 Definitions. The following definitions are applicable in this division: (1)
ORIGINAL SELLER. Any person, firm, corporation, association, partnership, or other legal or
business entity, which in the course of business or as an incident to business, sells or otherwise
distributes a manufactured product (a) prior to or (b) at the time the manufactured product
is first put to use by any person or business entity who did not acquire the manufactured
product for either resale or other distribution in its unused condition or for incorporation
as a component part in a manufactured product which is to be sold or otherwise distributed
in its unused condition. (2) PRODUCT LIABILITY ACTION. Any action brought by a natural person
for personal injury, death, or property damage caused by the manufacture, construction, design,
formula, preparation, assembly, installation, testing, warnings, instructions, marketing,
packaging, or labeling of a manufactured product when such action is...
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9-10-38
Section 9-10-38 Security for bonds. (a) At the discretion of the corporation, any bonds issued
under the provisions of this article may be secured by a trust agreement by and between the
corporation and a corporate trustee, which may be any trust company or bank having the powers
of a trust company within or without the state. The trust agreement or the resolution providing
for the issuance of such bonds, subject to the provisions of Section 9-10-35, may pledge or
assign tolls, rentals, sales receipts or other revenues to which the corporation's right then
exists or which may thereafter come into existence and the moneys derived therefrom and the
proceeds of such bonds; provided, however, that the trust agreement or resolution shall not
convey or mortgage any project or any part thereof. (b) Such trust agreement or resolution
providing for the issuance of bonds may contain such provisions for protecting and enforcing
the rights and remedies of the bondholders as may be reasonable and...
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19-3-11
Section 19-3-11 Powers of fiduciaries regarding environmental laws affecting property held
by fiduciary. (a) In addition to powers, remedies and rights which may be set forth in any
will, trust agreement or other document which is the source of authority, a trustee, executor,
administrator, guardian, or one acting in any other fiduciary capacity, whether an individual,
corporation or other entity ("fiduciary") shall have the following powers, rights
and remedies whether or not set forth in the will, trust agreement or other document which
is the source of authority: (1) To inspect, investigate or cause to be inspected and investigated,
property held by the fiduciary, including interests in sole proprietorships, partnerships,
or corporations and any assets owned by any such business enterprise, for the purpose of determining
compliance with environmental law affecting such property and to respond to any actual or
potential violation of any environmental law affecting property held by...
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37-15-5
Section 37-15-5 Underground damage prevention program. (a) Until January 1, 2027: (1) Operators
who have underground facilities within this state shall participate in and utilize the services
of the One-Call Notification System. (2) Operators that are members of the One-Call Notification
System on January 1, 2020, must remain members. (3) Operators with more than 25,000 customers
or 500 miles of facilities, that are not members, must join the One-Call Notification System
by January 1, 2021. (4) Operators that do not meet the thresholds described in subdivision
(2) or (3), must join the One-Call Notification System by January 1, 2022. (5) Operators of
electrical underground facilities that join the One-Call Notification System under the requirements
of subdivision (3) or (4) having less than five percent underground trench miles compared
to the total miles of line, are not subject to the membership costs until their underground
trench miles exceed the trench mile exemption. These...
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6-5-347
Section 6-5-347 Agritourism. (a) For the purposes of this section, the following terms shall
have the following meanings: (1) AGRICULTURAL. As defined in Section 41-14-51. (2) AGRITOURISM
ACTIVITY. Any of the following, whether or not a participant provides monetary or other valuable
compensation to participate in, view, or enjoy: a. An activity at an agricultural operation,
which is not already addressed under Sections 6-5-337 or 35-15-40, including, but not limited
to, farming, ranching, historic and cultural agricultural activities, self-pick farms, or
farmers' markets, provided the agritourism professional is selling his or her own product
at a location provided to, leased to, rented to, or owned by the agritourism professional
for the purpose of selling his or her own product. b. An activity involving an animal exhibition,
show, or competition at an agricultural fair or youth livestock show, which is not already
addressed under Section 6-5-337, including, but not limited to, FFA,...
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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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10A-2A-1.43
Section 10A-2A-1.43 Qualified director. (a) A "qualified director" is a director
who, at the time action is to be taken under: (1) Section 10A-2A-2.02(b)(6), is not a director
(i) to whom the limitation or elimination of the duty of an officer to offer potential business
opportunities to the corporation would apply, or (ii) who has a material relationship with
any other person to whom the limitation or elimination would apply; (2) Section 10A-2A-7.44,
does not have (i) a material interest in the outcome of the proceeding, or (ii) a material
relationship with a person who has such an interest; (3) Section 10A-2A-8.53 or Section 10A-2A-8.55,
(i) is not a party to the proceeding, (ii) is not a director as to whom a transaction is a
director's conflicting interest transaction or who sought a disclaimer of the corporation's
interest in a business opportunity under Section 10A-2A-8.60, which transaction or disclaimer
is challenged, and (iii) does not have a material relationship with a...
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18-1A-3
Section 18-1A-3 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ACTION. Condemnation
action. (2) APPRAISAL. An opinion as to the value of or compensation payable for property,
prepared by the owner or under the direction of an individual qualified by knowledge, skill,
experience, training, or education to express an opinion as to the value of property. (3)
BUSINESS. A lawful activity, whether or not for profit, other than a farm operation, conducted
primarily for the purchase, sale, lease, rental, manufacture, processing, or marketing of
products, commodities, or other property, or for providing services. (4) CONDEMN. To take
property under the power of eminent domain. (5) CONDEMNATION ACTION. Includes all acts incident
to the process of condemning property after commencement of suit until the entry of final
judgment. (6) CONDEMNEE. A person who has or claims an interest in...
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