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22-21-77
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 otherwise acquire hospitals, clinics and other hospital facilities, and to lease or otherwise
make available such facilities to such persons, firms, partnerships, associations...
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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
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 based upon (a) negligence, (b) innocent or negligent misrepresentation, (c) the
manufacturer's liability doctrine, (d) the Alabama extended manufacturer's liability doctrine,
as it exists or is hereafter construed or modified, (e) breach of any...
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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
liability to the trust or otherwise impair the value of the assets held therein; (4) To settle
or compromise at any time any and all claims against the trust or estate which may be asserted
by any governmental body or private party involving the alleged violation of any environmental
law affecting property held in trust or in an estate; (5) To disclaim any power granted by
any document, statute, or rule of law which, in the sole discretion of the fiduciary, may
cause the fiduciary to incur personal liability under any environmental law; (6) To
decline to serve as a fiduciary if the fiduciary reasonably believes that there is or may
be a conflict of interest between the fiduciary in its or his fiduciary capacity and in its
or his individual capacity because of potential claims or liabilities which may be asserted
against the fiduciary on behalf of the trust or estate because of the type or condition of
assets held therein. (b) The fiduciary shall be entitled to charge the cost of any...
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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
behalf of an agritourism professional. (4) INHERENT RISKS OF AGRITOURISM ACTIVITIES. Those
conditions, dangers, or hazards that are an integral part of an agritourism activity, including
any of the following: a. Surface and subsurface conditions and natural conditions of land,
vegetation, and waters. b. The behavior of wild animals or insects. c. The behavior of domestic
animals or insects as to: 1. The propensity of a domestic animal or insect to behave in ways
that may result in sickness, injury, harm, or death to persons on or around them. 2.
The unpredictability of the reaction of a domestic animal or insect to sounds, sudden movement,
and unfamiliar objects, persons, or other animals. d. The ordinary dangers of structures or
equipment ordinarily used on a working agricultural operation, excluding a dangerous condition
on structures or equipment ordinarily used on a working agricultural operation that is actually
known by an agritourism professional, not open and obvious, not made...
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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
common law, equity, or creditor action. (12) LITIGATION EXPENSES. The sum of the costs, disbursements,
and expenses, including reasonable attorney, appraisal, and engineering fees, necessary to
prepare for anticipated or participation in actual probate or circuit court proceedings. (13)
LOCAL PUBLIC ENTITY. A public entity other than the state. (14) PERSON. Includes a natural
individual, partnership, corporation, association, other legal or fiduciary entity, and a
public entity. (15) PERSONAL PROPERTY. Any property other than real property which
is affixed or directly related to the real property proposed to be acquired. (16) PROPERTY.
An interest in real or personal property under the law of this state. (17) REAL PROPERTY.
Land and any improvements upon or connected with land; and includes an easement, servitude,
or other interest therein. (18) WORK. Includes construction, alteration, repair, remodeling,
excavation, demolition, rehabilitation, relocation, and landscaping. (19)...
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