Code of Alabama

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10A-2-12.02
Section 10A-2-12.02 Sale of assets other than in regular course of business. REPEALED IN THE
2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT
CODE SUPPLEMENT. (a) Subject to the limitations of the Constitution of Alabama of 1901, as
the same may be amended from time to time, a corporation may sell, lease, exchange, or otherwise
dispose of all, or substantially all, of its property, with or without the good will, otherwise
than in the usual and regular course of business on the terms and conditions and for the consideration
determined by the corporation's board of directors, if the board of directors proposes and
its shareholders approve the proposed transaction. (b) For a transaction to be authorized:
(1) The board of directors must recommend the proposed transaction to the shareholders unless
the board of directors determines that because of a conflict of interest or other special
circumstances it should make no recommendation and communicates...
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11-54-23
Section 11-54-23 Requirements as to leasing of projects. (a) Prior to the leasing of any project,
the governing body must determine and find the following: (1) The amount necessary in each
year to pay the principal of and the interest on the bonds proposed to be issued to finance
such project; (2) The amount necessary to be paid each year into any reserve funds which the
governing body may deem it advisable to establish in connection with the retirement of the
proposed bonds and the maintenance of the project; and, (3) The estimated cost of maintaining
the project in good repair and keeping it properly insured, unless the terms under which the
project is leased provide that the lessee shall maintain the project and carry all proper
insurance with respect thereto. (b) The determinations and findings of the governing body
required to be made by subsection (a) of this section shall be set forth in the proceedings
under which the proposed bonds are to be issued; and, prior to the issuance...
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11-54-53
Section 11-54-53 Requirements as to leasing of projects. (a) Prior to the leasing of any project,
the governing body must determine and find the following: (1) The amount necessary in each
year to pay the principal of and the interest on the bonds proposed to be issued to finance
such project; (2) The amount necessary to be paid each year into any reserve funds which the
governing body may deem it advisable to establish in connection with the retirement of the
proposed bonds and the maintenance of the project; and (3) The estimated cost of maintaining
the project in good repair and keeping it properly insured, unless the terms under which the
project is to be leased provide that the lessee shall maintain the project and carry all proper
insurance with respect thereto. (b) The determinations and findings of the governing body
required to be made by subsection (a) of this section shall be set forth in the proceedings
under which the proposed bonds are to be issued and, prior to the...
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11-55-10
Section 11-55-10 Requirements as to leases of projects. (a) Prior to the leasing of any project,
the governing body must determine and find the following: (1) The amount necessary in each
year to pay the principal of and the interest on the bonds proposed to be issued to finance
such project; (2) The amount necessary to be paid each year into any reserve funds which the
governing body may deem it advisable to establish in connection with the retirement of the
proposed bonds and the maintenance of the project; and (3) The estimated cost of maintaining
the project in good repair and keeping it properly insured, unless the terms under which the
project is to be leased provide that the lessee shall maintain the project and carry all proper
insurance with respect thereto. (b) The determinations and findings of the governing body
required to be made by subsection (a) of this section shall be set forth in the proceedings
under which the proposed bonds are to be issued; and, prior to the...
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41-16A-3
Section 41-16A-3 Definitions. For the purposes of this chapter, the following terms shall have
the respective meanings provided by this section: (a) ALTERNATIVE FINANCING CONTRACT. A lease,
lease-purchase, lease with option to purchase, installment-sale agreement or arrangement,
or other similar agreement or arrangement. (b) GOVERNMENTAL ENTITY. The state; any political
subdivision of the state; any agency, board, commission, or department of the state; any county;
any municipal corporation; any county board of education; any city board of education; any
instrumentality of any of the foregoing; the State Board of Education, acting for the respective
educational institutions under its supervision; each public corporation that conducts one
or more state educational institutions under its supervision; and any public corporation arising
under or organized pursuant to any statute of the state. (c) GRANTOR PARTY. The lessor under
a lease or lease-purchase contract, grantor under an...
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11-54-145
Section 11-54-145 Requirements respecting leases. Prior to the leasing of any project, the
governing body must determine and find the following: The amount necessary in each year to
pay the principal of and the interest on the bonds proposed to be issued to finance such project;
the amount necessary to be paid each year into any reserve funds which the governing body
may deem it advisable to establish in connection with the retirement of the proposed bonds
and the maintenance of the project; and, unless the terms under which the project is to be
leased provide that the lessee shall maintain the project and carry all proper insurance with
respect thereto, the estimated cost of maintaining the project in good repair and keeping
it properly insured. The determinations and findings of the governing body required to be
made in the preceding sentence shall be set forth in the proceedings under which the proposed
bonds are to be issued; and prior to the issuance of such bonds, the...
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37-4-45
Section 37-4-45 Conveyance of water distribution facilities to public authority or corporation
by not-for-profit entity without necessity of commission approval. Any provision of this division
to the contrary notwithstanding, any not-for-profit corporation or other not-for-profit entity
owning, operating, leasing or controlling any plant, property or facility for the supply,
storage, distribution or furnishing to or for the public of water for manufacturing, municipal,
domestic or other uses, may sell, convey, lease or otherwise dispose of any or all of such
plant, property, or facility, and its other properties, including without limitation any franchises,
rights, contracts, business, good will and all other assets, to any public authority or corporation
that is organized under the laws of Alabama and that is empowered to own, operate, lease or
control such plant, property or facility, all without the necessity of any approval or consent
of the Public Service Commission. (Acts 1981,...
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27-7-5.3
Section 27-7-5.3 Licenses - Limited license for self-service storage facility. (a) As used
in this section, the following terms shall have the following meanings: (1) LIMITED LICENSEE.
A person or entity authorized to sell certain coverages for personal property maintained in
self-service storage facilities pursuant to this section. (2) OCCUPANT. A person, his or her
sublessee, successor, or assign entitled to the use of the storage space at a self-service
storage facility under a rental agreement, to the exclusion of others. (3) OWNER. The owner,
operator, lessor, or sublessor of a self-service storage facility, his or her agent, or any
other person authorized by him or her to manage the self-service storage facility or to receive
rent from an occupant under a rental agreement. (4) PERSONAL PROPERTY. Any movable property
not affixed to land including, but not limited to, goods, wares, merchandise, motor vehicles,
watercraft, and household items and furnishings. (5) RENTAL AGREEMENT....
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7-2A-201
Section 7-2A-201 Statute of frauds. (1) A lease contract is not enforceable by way of action
or defense unless: (a) the total payments to be made under the lease contract, excluding payments
for options to renew or buy, are less than $1,000; or (b) there is a writing, signed by the
party against whom enforcement is sought or by that party's authorized agent, sufficient to
indicate that a lease contract has been made between the parties and to describe the goods
leased and the lease term. (2) Any description of leased goods or of the lease term is sufficient
and satisfies subsection (1)(b), whether or not it is specific, if it reasonably identifies
what is described. (3) A writing is not insufficient because it omits or incorrectly states
a term agreed upon, but the lease contract is not enforceable under subsection (1)(b) beyond
the lease term and the quantity of goods shown in the writing. (4) A lease contract that does
not satisfy the requirements of subsection (1), but which is...
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9-2-3
Section 9-2-3 Powers and duties as to state parks and parkways, etc. The Department of Conservation
and Natural Resources, for the purpose of establishing, developing and maintaining state parks
and parkways, may acquire land by donation, purchase, condemnation or lease and for these
purposes may use such funds as may be available to it and not otherwise obligated and may
enter into agreements with the federal government or other agencies for acquiring by lease,
purchase or otherwise such lands as in its judgment are desirable for state parks or parkways.
As to the purchase of lands, such agreements may provide for a division of the payments over
a period of years, in which case the payments may be secured by mortgage; provided, that no
liability shall attach to the State of Alabama or any of its departments, boards, bureaus
or commissions or any member or official thereof if the security specifically given in any
such mortgage is insufficient to pay said mortgage at a forced sale or...
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