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10A-2-8.09
Section 10A-2-8.09 Removal of directors by judicial proceeding. REPEALED IN THE 2019 REGULAR
SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) The circuit court of the county where a corporation's principal office, or, if none in
this state, its registered office, is located may remove a director of the corporation from
office in a proceeding commenced either by the corporation or by its shareholders holding
at least 10 percent of the outstanding shares of any class if the court finds that (1) the
director engaged in fraudulent or dishonest conduct, or gross abuse of authority or discretion,
with respect to the corporation and (2) removal is in the best interest of the corporation.
(b) The court that removes a director may bar the director from reelection for a period prescribed
by the court. (c) If shareholders commence a proceeding under subsection (a), they shall make
the corporation a party defendant. (Acts 1994, No. 94-245, p. 343,...
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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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45-44-260.14
Section 45-44-260.14 Appeals. Any party aggrieved by any final judgment or decision of the
planning commission, within 15 days, may request a review of the record by a five-member review
board appointed by the Macon County Commission, one member being the county planning director,
one the county public works director, two experts in related fields of planning, and one other
member. This review board is empowered to require that the planning commission reconsider
its earlier decision. If such reconsideration is ordered, the planning commission may reconsider
the previous record and any additional material which the planning commission considers relevant.
If upon reconsideration by the planning commission, any party remains aggrieved by the final
judgment of the planning commission, within 30 days they may appeal to the circuit court as
provided herein. If no review by the five-member review board is requested by any party aggrieved
by any final judgment or decision of the commission, or...
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41-23-231
Section 41-23-231 Notification of intent to relocate a call center, facility, etc; violations;
penalties. (a) An employer that intends to relocate a call center, or one or more facilities
or operating units within a call center consisting of at least 30 percent of the call center's
total volume when measured against the previous 12-month average call volume from this state,
shall notify the director at least 120 days before the relocation is scheduled to occur. (b)
If the employer fails to provide notice pursuant to subsection (a), the director shall notify
the Attorney General of the failure, and the Attorney General shall commence an action for
assessment of a civil penalty against the employer in the circuit court in the county where
the employer's call center is located. Upon a finding that an employer has violated subsection
(a), the court shall assess a civil penalty of not more than ten thousand dollars ($10,000)
against the employer for each day the employer failed to provide...
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45-37-121.19
Section 45-37-121.19 Dismissals, demotions, suspensions, and appeals. (a) An appointing authority
may dismiss or demote an employee holding permanent status for just cause whenever he or she
considers the good of the service will be served thereby, for reason stated in writing, served
on the affected employee, and a copy furnished to the director, which action shall become
a public record. The dismissed or demoted employee may within 10 days after notice, appeal
from the action of the appointing authority by filing with the board and the appointing authority
a written answer to the charges. The board shall order a public hearing of such charges. The
hearing shall be before a panel of three attorneys randomly selected by the presiding Judge
of Probate of Jefferson County from a list of attorneys who are licensed to practice law in
this state and who are otherwise qualified in the opinion of the judge of probate to hear
the appeal. The panel shall hear testimony offered in support and...
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10A-3-2.12
Section 10A-3-2.12 Board of directors; committees. If the governing documents of a nonprofit
corporation so provide, the board of directors, by resolution adopted by a majority of the
directors in office, may designate and appoint one or more committees each of which shall
consist of two or more directors, which committees, to the extent provided in the resolution,
or in the governing documents of the nonprofit corporation, shall have and exercise all the
authority of the board of directors, except that no committee shall have the authority of
the board of directors in reference to amending, altering, or repealing the bylaws; electing,
appointing, or removing any member of any committee or any director or officer of the corporation;
amending the certificate of formation, restating the certificate of formation, adopting a
plan of merger or adopting a plan of consolidation with another nonprofit corporation or other
entity authorizing the conversion of the nonprofit corporation into...
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11-50-532
Section 11-50-532 Dissolution. When all obligations incurred by the corporation and all bonds
issued by it shall have been paid in full or provision for payment thereof shall have been
made by appropriate, segregation and deposit of funds sufficient for such purposes, then and
in such event the corporation may be dissolved by resolution adopted by vote of a majority
of the board, which resolution shall set out the plan of dissolution and shall designate three
directors who shall act as trustees in dissolution of the corporation. A copy of such resolution,
duly certified by the secretary of the corporation under its seal, shall be filed with the
Secretary of State, and, if it shows compliance with the foregoing requirements, it shall
be recorded by the Secretary of State with the certificate of incorporation. Upon such filing
and recording the corporation shall thereupon stand dissolved, and the trustees in dissolution
named in such resolution shall thereupon proceed to wind up the...
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11-85-105
Section 11-85-105 Powers of the authority. The authority shall have the following powers: (1)
To have succession by its corporate name until dissolved as provided in this article. (2)
To institute and defend legal proceedings in any court of competent jurisdiction and proper
venue; provided, that the authority may not be sued in any trial court other than the courts
of the county in which is located the principal office of the authority; provided further,
that the officers, directors, and agents of the authority may not be sued for action on behalf
of the authority in any trial court other than the courts of the county in which is located
the principal office of the authority. (3) To have and to use a corporate seal and to alter
the seal at pleasure. (4) To establish a fiscal year. (5) To anticipate by the issuance of
its bonds the receipt of the revenues appropriated and pledged in this article. (6) To pledge
the proceeds of the appropriations and pledges provided for in this article...
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12-17-145
Section 12-17-145 Officials covered by division; notification procedure; post-election contribution
transfer; post-transfer credits and contributions. (a) Any clerk or register of the circuit
court shall be subject to the terms of this division unless he or she notifies the Administrative
Director of Courts in writing to the contrary 30 days subsequent to October 1, 1995. This
notification may be made notwithstanding any prior election to not participate and is made
available only to those circuit clerks or registers who hold office on or before October 1,
1976. (b) Upon the receipt of an election to participate in the supernumerary system provided
in this division by a circuit clerk or register who was previously a member of the Employees'
Retirement System, and who held office on or before October 1, 1976, the Administrative Director
of Courts shall immediately notify the Secretary-Treasurer of the Retirement Systems of Alabama
of the election. Upon receiving the notice, the...
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9-16-10
Section 9-16-10 Enforcement of provisions of article - Written notices of violations; hearings;
entry of orders by director; appeals from orders of director. (a) Whenever the director determines
that any operator has not complied with the provisions of this article and is therefore in
violation of this article, the director may cause to have issued and served upon the person
alleged to be committing such violation a written notice which shall specify the provision
of this article which such operator allegedly is violating and a statement of the manner in
and the extent to which said operator is alleged to violate this article and shall require
the person so complained against to answer the charges of such formal complaint at a hearing
before the director at a time not less than 30 days after the date of notice. The director
shall issue subpoenas at the instance of the department and at the request of the charged
operator, requiring the attendance of witnesses and the production of such...
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