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26-9-9
Section 26-9-9 Procedure for appointment of guardian - Appointment of guardian; execution and
filing of bonds by guardian; filing of certificate by personal sureties. Before making an
appointment under the provisions of this chapter the court shall be satisfied that the guardian
whose appointment is sought is a fit and proper person to be appointed. Upon the appointment
being made, the guardian shall execute and file a bond to be approved by the court in an amount
not less than the sum then due and estimated to become payable during the ensuing year. The
bond shall be in the form and be conditioned as required of a guardian appointed under the
guardianship laws of this state and it shall be the duty of the court having jurisdiction
of the cause, upon the application by any party in interest, to require the filing of an individual
bond in accordance with the provisions of this section without regard to the provisions of
any preexisting general or local statute or charter provision of...
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40-29-24
Section 40-29-24 Surrender of property subject to levy; "person" defined. (a) Requirement.
Except as otherwise provided in subsection (b), any person in possession of (or obligated
with respect to) property or rights to property subject to levy upon which a levy has been
made shall, upon demand of the Commissioner of Revenue or his delegate, surrender such property
or rights (or discharge such obligation) to the Commissioner of Revenue or his delegate, except
such part of the property or rights as is, at the time of such demand, subject to an attachment
or execution under any judicial process. (b) Enforcement of levy. (1) EXTENT OF PERSONAL LIABILITY.
Any person who fails or refuses to surrender any property or rights to property, subject to
levy, upon demand by the Commissioner of Revenue, shall be liable in his own person and estate
to the State of Alabama in a sum equal to the value of the property or rights not so surrendered,
but not exceeding the amount of taxes for the...
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5-8A-24
Section 5-8A-24 Appointment of receiver to liquidate bank. The superintendent may under his
or her hand and official seal appoint a receiver to liquidate and distribute the assets of
any bank taken possession of by the superintendent under the provisions of this chapter, the
certificate of appointment to be filed in the office of the superintendent and a certified
copy in the office of the probate judge in the county in which the principal office of such
bank is located. The receiver may be the Federal Deposit Insurance Corporation or any other
agency or corporation created by the United States to act in such capacity or any person selected
by the superintendent; provided, however, no examiner shall be appointed receiver of any bank
whose books, papers, and affairs the examiner shall have examined within one year next preceding
the appointment of such receiver. Any receiver appointed other than the Federal Deposit Insurance
Corporation, or any other agency or corporation created by the...
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27-32-6
Section 27-32-6 Grounds - Rehabilitation of domestic insurers. The commissioner may apply to
the court for an order appointing him as receiver of, and directing him to rehabilitate, a
domestic insurer upon one or more of the following grounds. That the insurer: (1) Is impaired
or insolvent; (2) Has refused to submit any of its books, records, accounts, or affairs to
reasonable examination by the commissioner; (3) Has concealed or removed records or assets
or otherwise violated Section 27-27-29; (4) Has failed to comply with an order of the commissioner
to make good an impairment of capital or surplus, or both; (5) Has transferred, or attempted
to transfer, substantially its entire property or business or has entered into any transaction
the effect of which is to merge substantially its entire property or business in that of any
other insurer without having first obtained the written approval of the commissioner; (6)
Has willfully violated its charter or articles of incorporation or any...
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10A-2-14.32
Section 10A-2-14.32 Receivership or custodianship. REPEALED IN THE 2019 REGULAR SESSION BY
ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) A court
in a judicial proceeding brought to dissolve a corporation may appoint one or more receivers
to wind up and liquidate, or one or more custodians to manage the business and affairs of
the corporation. The court shall hold a hearing, after notifying all parties to the proceeding
and any interested persons designated by the court, before appointing a receiver or custodian.
The court appointing a receiver or custodian has exclusive jurisdiction over the corporation
and all of its property wherever located. (b) The court may appoint an individual, domestic
or foreign corporation, authorized to transact business in this state, or other entity as
receiver or custodian. The court may require the receiver or custodian to post bond, with
or without sureties, in an amount the court directs. (c) The court shall...
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10A-3-7.11
Section 10A-3-7.11 Procedure in liquidation of corporation by court. (a) In proceedings to
liquidate the assets and affairs of a nonprofit corporation, the court shall have the power
to issue restraining orders or injunctions, to appoint a receiver or receivers pendente lite,
with the powers and duties as the court, from time to time, may direct, and to take other
proceedings as may be requisite to preserve the corporate assets wherever situated, and carry
on the affairs of the nonprofit corporation until a full hearing can be had. (b) After a hearing
had upon the notice as the court may direct to be given to all parties to the proceedings
and to any other parties in interest designated by the court, the court may appoint a liquidating
receiver or receivers with authority to collect the assets of the nonprofit corporation. The
liquidating receiver or receivers shall have authority, subject to the order of the court,
to sell, convey, and dispose of all or any part of the assets of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-3-7.11.htm - 4K - Match Info - Similar pages
10A-30-2.10
Section 10A-30-2.10 Appointment of a provisional director in certain cases; applicable to corporations
formed as close corporations or electing close corporation status prior to January, 1 1995.
(a) Notwithstanding any contrary provision of the governing documents or agreement of the
shareholders, the circuit court of the county in which the registered office of the corporation
is located may appoint a provisional director for a close corporation if the directors are
so divided respecting the management of the corporation's business and affairs that the votes
required for action by the board of directors cannot be obtained with the consequence that
the business and affairs of the corporation can no longer be conducted to the advantage of
the shareholders generally. (b) An application for relief under this section must be filed
(1) by at least one-half of the number of directors then in office, or (2) by the holders
of at least one-third of all shares then entitled to elect directors,...
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43-2-150
Section 43-2-150 Enforcement of judgments, etc., of probate court against representatives -
Generally. All judgments, orders, and decrees of the probate court against an executor or
administrator for the payment of money may be enforced by execution or by process of garnishment,
which may issue in like cases and manner as it may issue on judgments in circuit courts, and
may, in like manner, be prosecuted to judgment against the garnishee; for the delivery of
personal property, by attachment or a special order to the sheriff, requiring him to take
such property and deliver the same according to the judgment, order or decree; for the possession
of land, by a writ to the sheriff against the executor or administrator, requiring him to
put the heir or devisee in possession of the same. (Code 1852, §1921; Code 1867, §2280;
Code 1876, §2618; Code 1886, §2276; Code 1896, §345; Code 1907, §2812; Code 1923, §6051;
Code 1940, T. 61, §128.)...
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11-50-529
Section 11-50-529 Bonds - Rights and remedies of bondholders. In addition to all other remedies
available under this chapter or by law, any holder of any bonds issued by the corporation,
including the trustee under any mortgage or deed of trust executed as security therefor, shall
have the right, subject to any contractual limitations and to the prior or superior rights
of others: (1) By mandamus or other suit, action or proceeding to enforce his rights against
the corporation and the board and its officers, including the right to require the fixing
and collection of uniform schedules of rates and charges adequate to carry out any agreement
made by the corporation as to, or pledge of, the revenues of the corporation, and to require
the corporation and the board and its officers to carry out any other agreements with the
holders of such bonds and the trustee; (2) By civil action to enjoin any acts or things which
may be unlawful or in violation of the rights of the holders of the bonds...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-50-529.htm - 2K - Match Info - Similar pages
13A-8-35
Section 13A-8-35 Exceptions. This article shall not apply to purchases of metal property from
any of the following: (1) A law enforcement officer acting in an official capacity unless
the law enforcement officer is investigating a compliance issue pursuant to this article or
is presenting metal property for sale. (2) A trustee in bankruptcy, executor, administrator,
or receiver who has presented proof of such status to the secondary metals recycler. (3) Any
public official acting under a court order who has presented proof of such status to the secondary
metals recycler. (4) A sale or the execution, or by virtue, of any process issued by a court
if proof thereof has been presented to the secondary metals recycler. (5) A manufacturing,
industrial, or other commercial vendor that generates or sells regulated metal property in
the ordinary course of its business. (6) A municipal, county, state, federal, or other governmental
entity. (7) A utility company. (8) A funeral home or the owner...
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