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45-8A-111.03
Section 45-8A-111.03 Filing of application; authorization of incorporation by governing body
of city. (a) The authority may be organized pursuant to this part. In order to incorporate
such a public corporation, any number of natural persons, not less than three, who are duly
qualified electors of the city, shall first file a written application with the governing
body of the city, which application shall: (1) Contain a statement that the applicants propose
to incorporate the authority pursuant to this part; (2) State the proposed location of the
principal office of the authority, which shall be within the corporate limits of the city;
(3) State that each of the applicants is a duly qualified elector of the city; and (4) Request
that the governing body of the city adopt a resolution declaring that it is wise, expedient,
and necessary that the proposed authority be formed and authorizing the applicants to proceed
to form the proposed authority by the filing for record of a certificate of...
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45-8A-20.03
Section 45-8A-20.03 Filing of application; authorization of incorporation by governing body
of city. (a) The authority may be organized pursuant to the provisions of this part. In order
to incorporate such a public corporation, any number of natural persons, not less than three,
who are duly qualified electors of the city, shall first file a written application with the
governing body of the city, which application shall: (1) Contain a statement that the applicants
propose to incorporate the authority pursuant to the provisions of this part; (2) State the
proposed location of the principal office of the authority, which shall be within the corporate
limits of the city; (3) State that each of the applicants is a duly qualified elector of the
city; and (4) Request that the governing body of the city adopt a resolution declaring that
it is wise, expedient, and necessary that the proposed authority be formed and authorizing
the applicants to proceed to form the proposed authority by the...
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10A-10-1.15
Section 10A-10-1.15 Merger. (a) For purposes of this section, the following words shall have
the respective meanings ascribed to them: (1) ALABAMA REAL ESTATE INVESTMENT TRUST. A real
estate investment trust organized in compliance with the provisions of this chapter. (2) BUSINESS
TRUST. a. An entity described in Section 10A-16-1.01. b. An unincorporated trust or association,
including an Alabama real estate investment trust, a common-law trust, or a Massachusetts
trust, which is engaged in business and in which property is acquired, held, managed, administered,
controlled, invested, or disposed of for the benefit and profit of any person who may become
a holder of a transferable unit of beneficial interest in the trust. (3) DOMESTIC LIMITED
LIABILITY COMPANY. A limited liability company as defined under the Alabama Limited Liability
Company Law. (4) DOMESTIC LIMITED PARTNERSHIP. A limited partnership as defined under the
Alabama Limited Partnership Law. (5) FOREIGN BUSINESS TRUST. A...
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11-47-214
Section 11-47-214 Authorization by subdivisions of organization and incorporation of authorities
for acquisition, establishment, operation, etc., of projects generally; application for authority
to form corporation; review of application; publication of resolution approving or denying
application. (a) The governing bodies of two or more subdivisions may authorize the organization
of an authority as a public corporation with powers set forth in this article for the purpose
of acquiring, financing, refinancing, providing, establishing, installing, using, or managing
one or more projects. (b) To organize such a corporation, not less than three natural persons
shall file with the governing body of any subdivision or any two or more thereof, an application
in writing for permission to incorporate a public corporation under this article, which application
shall: (1) Recite the name of each county and municipality with the governing body of the
county or municipality with which the...
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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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11-99B-3
Section 11-99B-3 Filing of application for incorporation of district; adoption of resolutions
approving or denying application by governing bodies. (a) In order to incorporate a district
under this chapter, any number of natural persons, not less than three, shall first file an
identical written application with the governing body of each county, municipality, and public
corporation proposed to be a member of the proposed district. Such application shall contain:
(1) A statement of each project that the district proposes to acquire or construct. (2) A
general description of the area or areas in which the district proposes to acquire or construct
such project or projects, and the name of each county, municipality, and public corporation
proposed to be a member of the district. (3) A proposed total number of directors, which shall
be at least equal to the total number of counties and municipalities, and public corporations
with the governing bodies of which such application is filed, but...
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16-17-3
Section 16-17-3 Procedure to incorporate. (a) By proceeding in the manner set forth herein,
any number of natural persons, not less than three, may incorporate an educational building
authority as a public corporation and as a political subdivision of the state. The said natural
persons shall first file with the governing body of any municipality the proposed form of
the certificate of incorporation of the authority, together with a written application seeking
permission to apply for the incorporation of an authority for such municipality. Every such
application shall also be accompanied by such supporting documents or evidence as the applicants
may consider appropriate to show the need for an authority for the said municipality. The
said governing body shall consider the said application and shall find and determine whether
it is wise, expedient, necessary or advisable that the authority be formed; if the said governing
body finds and determines that it is not wise, expedient,...
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16-18-3
Section 16-18-3 Procedure to incorporate. (a) By proceeding in the manner set forth herein,
any number of natural persons, not less than three, may incorporate an educational building
authority as a public corporation and as a political subdivision of the state. The said natural
persons shall first file with the governing body of any municipality the proposed form of
the certificate of incorporation of the authority, together with a written application seeking
permission to apply for the incorporation of an authority for such municipality. Every such
application shall also be accompanied by such supporting documents or evidence as the applicants
may consider appropriate to show the need for an authority for the said municipality. The
said governing body shall consider the said application and shall find and determine whether
it is wise, expedient, necessary or advisable that the authority be formed; if the said governing
body finds and determines that it is not wise, expedient,...
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9-8-23
Section 9-8-23 Creation and incorporation of districts; increase or decrease in boundaries;
reorganization; change of name. (a) Any 25 owners of land lying within the limits of the territory
proposed to be organized into a district may file a petition with the State Soil and Water
Conservation Committee asking that a soil and water conservation district be organized to
function in the territory described in the petition. Such petition shall set forth: (1) The
proposed name of said district; (2) That there is need in the interest of the public health,
safety and welfare for a soil and water conservation district to function in the territory
described in the petition; (3) A description of the territory proposed to be organized as
a district, which description shall not be required to be given by metes and bounds or by
legal subdivisions but shall be deemed sufficient if generally accurate; and (4) A request
that the State Soil and Water Conservation Committee duly define the boundaries...
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10A-1-8.02
Section 10A-1-8.02 Mergers of entities. (a) A merger of two or more entities, whether the other
entity or entities are the same or another form of entity, may be accomplished as provided
in this section. (1) CORPORATIONS. a. In the case of a corporation, other than a nonprofit
corporation, that is a party to a merger, a plan of merger must be approved in accordance
with the procedures and by the stockholder vote required by Article 11 of Chapter 2A. If the
governing documents of the corporation provide for approval of a merger by less than all of
the corporation's stockholders, approval of the merger shall constitute corporate action subject
to appraisal rights pursuant to Article 13 of Chapter 2A, as applicable. No merger of a corporation
into a general or limited partnership may be effected without the consent in writing of each
stockholder who will have personal liability with respect to the surviving entity, notwithstanding
any provision in the governing documents of the...
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