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10A-2A-8.09
Section 10A-2A-8.09 Removal of directors by judicial proceeding. (a) The designated court,
and if none, the circuit court for the county in which the corporation's principal office
is located in this state, and if none in this state, the circuit court for the county in which
the corporation's most recent registered office is located may remove a director from office
or may order other relief, including barring the director from reelection for a period prescribed
by the court, in a proceeding commenced by or in the right of the corporation if the court
finds that (i) the director engaged in fraudulent conduct with respect to the corporation
or its stockholders, grossly abused the position of director, or intentionally inflicted harm
on the corporation; and (ii) considering the director's course of conduct and the inadequacy
of other available remedies, removal or such other relief would be in the best interest of
the corporation. (b) A stockholder proceeding on behalf of the corporation...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2A-8.09.htm - 1K - Match Info - Similar pages
5-8A-22
Section 5-8A-22 Institution of civil action for vacation of charter, liquidation, etc., of
bank. The circuit court of the county in which the principal place of business of the bank
is located, sitting without a jury may upon application of the superintendent vacate the charter
of a bank, liquidate a bank, or appoint a receiver if the directors of the bank knowingly
violate or knowingly permit any of the officers, agents or employees of the bank to violate
any of the provisions of this title. No civil action shall be instituted by any other person
to vacate the charter of or liquidate or appoint a receiver for any bank except as authorized
in Section 5-8A-24. (Acts 1980, No. 80-658, ยง5-8-22.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-8A-22.htm - 1008 bytes - Match Info - Similar pages
9-16-128
Section 9-16-128 Landowners' actions; review by director; prior right of purchase; review by
court. (a) Any landowner adversely affected by the action of the director under Section 9-16-127
of this article may institute proceedings to have the action reviewed in the circuit court
in the county where the property or a part thereof affected by the action is located, provided
that such proceedings are filed in said court within 30 days following the date of such action.
The court may grant such relief as it deems necessary, including but not limited to injunctive
relief pending a hearing on the matter. (b) Any landowner who has received notice of acquisition
from the director under Section 9-16-127 of this article may, within 15 days following such
notice, make written application to the director for a review as to the actual need or advisability
for such acquisition. The director shall hear the landowner's grievance within 15 days following
the written application for a hearing and shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-128.htm - 2K - Match Info - Similar pages
10A-2-14.31
Section 10A-2-14.31 Procedure for judicial dissolution. REPEALED IN THE 2019 REGULAR SESSION
BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
Venue for a proceeding to dissolve a corporation lies in the county where a corporation's
articles of incorporation are filed, or, in the case of a corporation created by an act of
the Legislature prior to the adoption of the Constitution of Alabama of 1901, or which resulted
from a merger or consolidation, in Montgomery County. (b) It is not necessary to make shareholders
parties to a proceeding to dissolve a corporation unless relief is sought against them individually.
(c) A court in a proceeding brought to dissolve a corporation may issue injunctions, appoint
a receiver or custodian pendente lite with all powers and duties the court directs, take other
action required to preserve the corporate assets wherever located, and carry on the business
of the corporation until a full hearing can be held. (d)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2-14.31.htm - 1K - Match Info - Similar pages
12-14-17
Section 12-14-17 Procedure for abolition of municipal courts by governing bodies of municipalities;
effect of abolition generally. (a) The governing body of any municipality having a municipal
court may at any time by ordinance abolish its municipal court and the jurisdiction of the
court so abolished shall be transferred to the district court of the district in which the
municipality is located under the conditions and effective dates provided in this section.
A certified copy of the ordinance abolishing the municipal court shall be transmitted by certified
mail to the clerk of the district court for the district in which the municipality is located,
the presiding judge of the circuit court for the judicial circuit in which the municipality
is located, the clerk of the circuit court, the Clerk of the Supreme Court, the Secretary
of State and the Administrative Director of the Courts. (b) All pending cases and process
in those cases which are to be acted upon by the district court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-14-17.htm - 3K - Match Info - Similar pages
27-32-16
Section 27-32-16 Conduct of delinquency proceedings - Foreign insurers. (a) Whenever under
this chapter an ancillary receiver is to be appointed in delinquency proceedings for an insurer
not domiciled in this state, the court shall appoint the commissioner as ancillary receiver.
The commissioner shall file a petition requesting the appointment on the grounds set forth
in Section 27-32-10: (1) If he finds that there are sufficient assets of the insurer located
in this state to justify the appointment of an ancillary receiver; or (2) If 10 or more persons,
resident in this state, having claims against such insurer, file a petition with the commissioner
requesting the appointment of such ancillary receiver. (b) The domiciliary receiver, for the
purpose of liquidating an insurer domiciled in a reciprocal state, shall be vested by operation
of law with the title to all of the property, contracts, and rights of action and all of the
books and records of the insurer located in this state, and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-32-16.htm - 2K - Match Info - Similar pages
10A-9A-8.03
Section 10A-9A-8.03 Right to wind up activities and affairs. (a) If a dissolved limited partnership
has a general partner or general partners that have not dissociated, that general partner
or those general partners shall wind up the activities and affairs of the limited partnership
and shall have the powers set forth in Section 10A-9A-8.04. (b) If a dissolved limited partnership
does not have a general partner, a person or persons to wind up the dissolved limited partnership's
activities and affairs may be appointed by the consent of a majority of the limited partners.
(c) The designated court, and if none, the circuit court for the county in which the limited
partnership's principal office within this state is located, and if the limited partnership
does not have a principal office within this state then the circuit court for the county in
which the limited partnership's most recent registered office is located, may order judicial
supervision of the winding up of a dissolved limited...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-8.03.htm - 3K - Match Info - Similar pages
45-28A-42.74
Section 45-28A-42.74 Appeals from decisions of board. Within 10 days after any final decision
of the board of trustees, any contributing member including the governing body of such city,
feeling aggrieved at the decision of the board of trustees may appeal from any such decision
to the circuit court of the county in which such city is located and such appeal shall be
heard by a judge sitting without a jury. Upon the filing of any such appeal, notice thereof
shall be served upon any member of the board of trustees by the appellant. Such appeal shall
be heard by the court at the earliest possible date, and it shall not be necessary on any
such appeal to enter exceptions to the rulings of the board of trustees and no bond shall
be required for such an appeal and such an appeal shall be effected by filing a notice and
request therefor by the appellant with the clerk of the court. An appeal may be taken from
any decision of such court to the court of appeals or the supreme court as now...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28A-42.74.htm - 1K - Match Info - Similar pages
12-12-36
Section 12-12-36 Venue generally; transfer of actions improperly located; designation of additional
locations for court sites. (a) Venue in the district court lies in the county where venue
would lie for civil or criminal actions brought in the circuit court, except that: (1) In
counties where venue has lain within an area of lesser geographic extent than the county for
any categories of cases which were on December 18, 1973, within the jurisdiction of a court
inferior to the circuit court, venue lies in such lesser geographic area; and (2) Venue of
prosecutions for violations of municipal ordinances shall be in the district court sitting
in the municipality or, if none, the district court within the county and nearest to the municipality;
(b) If any action is filed in a court located where venue does not lie, any party may move
to transfer the action to a location where venue may properly be laid. (c) Additional locations
for purposes of court sites may be designated by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-12-36.htm - 1K - Match Info - Similar pages
27-29-9
Section 27-29-9 Injunctions; prohibitions against voting securities; sequestration of voting
securities. (a) Injunctions. Whenever it appears to the commissioner that any insurer or any
director, officer, employee, or agent thereof has committed, or is about to commit, a violation
of this chapter or of any rule, regulation, or order issued by the commissioner under this
chapter, the commissioner may apply to the circuit court for the county in which the principal
office of the insurer is located or if such insurer has no such office in this state, then
to the Circuit Court for Montgomery County for an order enjoining such insurer or such director,
officer, employee, or agent thereof from violating, or continuing to violate, this chapter
or any such rule, regulation, or order and for such other equitable relief as the nature of
the case and the interests of the insurer's policyholders, creditors, and shareholders or
the public may require. (b) Voting of securities; when prohibited. No...
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