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10A-2A-10.08
Section 10A-2A-10.08 Amendment pursuant to reorganization. Notwithstanding Division B of Article
3 of Chapter 1: (a) A corporation's certificate of incorporation may be amended without action
by the board of directors or stockholders to carry out a plan of reorganization ordered or
decreed by a court of competent jurisdiction under the authority of a law of the United States
if the certificate of incorporation after the amendment only contains provisions required
or permitted by Section 10A-2A-2.02. (b) The individual or individuals designated by the court
shall deliver to the Secretary of State for filing a certificate of amendment setting forth:
(1) the name of the corporation; (2) the text of each amendment approved by the court; (3)
the date of the court's order or decree approving the certificate of amendment; (4) the title
of the reorganization proceeding in which the order or decree was entered; and (5) a statement
that the court had jurisdiction of the proceeding under federal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2A-10.08.htm - 1K - Match Info - Similar pages
10A-2A-3.04
Section 10A-2A-3.04 Lack of power to act. THIS SECTION WAS AMENDED BY ACT 2020-73 IN THE 2020
REGULAR SESSION, EFFECTIVE JANUARY 1, 2021. TO SEE THE AMENDED VERSION, SEE THE SECOND VERSION
LABELED PENDING. (a) Except as provided in subsection (b), the validity of corporate action
may not be challenged on the ground that the corporation lacks or lacked power to act. (b)
A corporation's power to act may be challenged: (1) in a proceeding by a stockholder against
the corporation to enjoin the act; (2) in a proceeding by the corporation, directly, derivatively,
or through a receiver, trustee, or other legal representative, against an incumbent or former
director, officer, employee, or agent of the corporation; or (3) in a proceeding by the Attorney
General under Section 10A-2A-14.10. (c) In a stockholder's proceeding under subsection (b)(1)
to enjoin an unauthorized corporate act, the court may enjoin or set aside the act, if equitable
and if all affected persons are parties to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2A-3.04.htm - 1K - Match Info - Similar pages
12-1-23
Section 12-1-23 Reasonable accommodation for those in need of special services, etc. (a) If
any plaintiff, defendant, or witness in any proceeding before the district court, circuit
court, appellate court, or grand jury is in need of special services or equipment as required
by the Americans with Disabilities Act [P.L. 101-366], the court shall make every effort to
make reasonable accommodation for the services or equipment to allow the person to fully participate
in the proceedings. All costs for the services or equipment shall be approved in advance by
the court. (b) The costs incurred by the district, circuit, or appellate court providing special
services or equipment, when approved by the court in advance, shall be forwarded by the clerk
of the court to the State Comptroller to be paid out of funds within the State General Fund
known as "court assessed costs not provided for." Nothing in this section shall
prohibit the court from taxing the costs against one or more of the parties...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-1-23.htm - 1K - Match Info - Similar pages
27-11-6
Section 27-11-6 Validity of acts or contracts of unauthorized insurer; actions against or by
same. The failure of an insurer to obtain a license or certificate of authority shall not
impair the validity of any act or contract of such insurer and shall not prevent such insurer,
its assigns or successors in interest, from defending any action in any court of this state;
but no insurer transacting insurance business in this state without a license or certificate
of authority shall be permitted to maintain an action in any court of this state to enforce
any right, claim, or demand arising out of the transaction of such business until such company,
its assigns or successors in interest shall have: (1) Obtained a license or certificate of
authority; or (2) Deposited with the clerk of the court in which such action or proceeding
is pending cash or securities or file with such clerk a bond with good and sufficient sureties,
to be approved by the court, in an amount to be fixed by the court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-11-6.htm - 2K - Match Info - Similar pages
33-1-25
Section 33-1-25 Port authority authorized to carry fire and casualty and public liability insurance.
The Alabama State Port Authority is hereby authorized to provide insurance covering loss or
damage to its properties, or any properties of others in its custody, care or control, or
any properties as to which it has any insurable interest, caused by fire or other casualty;
and may likewise provide insurance for the payment of damages on account of the injury to
or death of persons, and the loss of or destruction of properties of others; and may pay the
premiums thereon out of the revenues of the port authority. Nothing herein shall be construed
to authorize or permit the institution of any civil action or proceeding in any court against
the port authority for or on account of any matters referred to in this section; provided,
that any contracts of insurance herein authorized may, in the discretion of the director of
the port authority, provide for a direct right of action against the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/33-1-25.htm - 2K - Match Info - Similar pages
41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-22-20.htm - 11K - Match Info - Similar pages
45-37-246
Section 45-37-246 License procedures by mail. (a) This section shall apply only in counties
having a population of 300,000 or more according to the last or any subsequent federal census.
(b) On or after September 1st of each year, the judge of probate of each county may, if he
or she elects to do so, mail an application in the form and containing the information hereinafter
provided to all owners of motor vehicles listed as such in the motor vehicle license records,
including transfers, in his or her office or, at his or her option, to such owners as request
that such application be mailed to them. (c) The application shall be on a form to be provided
by the State Department of Revenue. The application form shall contain a space for the name
and address of the owner of the motor vehicle and the make, model, year, and motor number
of his or her motor vehicle and such other information with respect thereto as the State Department
of Revenue may prescribe. The application form shall also...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-246.htm - 6K - Match Info - Similar pages
12-14-30
Section 12-14-30 Appointment, terms of office and qualifications; designation, etc., of presiding
judge; filling of vacancies; oath; grounds for disqualification of judges from hearing of
cases; practice of law or receipt of unauthorized remuneration for judicial services by full-time
judges prohibited. (a) The governing body of the municipality shall, by vote of a majority
of its members, appoint judges of the municipal court. (b) The term of office of each full-time
municipal judge shall be for a term of four years. The term of office of a municipal judge
other than a full-time municipal judge shall be two years. The term of either full-time or
part-time municipal judges shall continue until a successor has been appointed and qualified.
(c) In the event that a municipality has more than one judge, the mayor shall designate a
presiding judge, who shall have such additional duties and powers and be entitled to receive
such additional compensation as provided by ordinance. (d) Each...
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26-2B-210
Section 26-2B-210 Information to be submitted to court. (a) Except as otherwise provided in
this section, each party, in its first pleading or in an attached affidavit, shall give information,
if reasonably ascertainable, under oath as to the respondent's present address or whereabouts
and the places and addresses where the respondent has lived during the last five years. The
pleading or affidavit must state whether the party: (1) Has participated, as a party or witness
or in any other capacity, in any other proceeding concerning the guardianship or conservatorship
of the respondent and, if so, identify the court, the case number, and the date of the guardianship
or conservatorship determination, if any; (2) Knows of any proceeding that could affect the
current proceeding, including, but not limited to, proceedings for the establishment, modification,
termination, or enforcement of a protective order, and, if so, identify the court, the case
number, and the nature of the proceeding;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2B-210.htm - 3K - Match Info - Similar pages
30-1-21
Section 30-1-21 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE AUGUST 29, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) On August 29, 2019
and thereafter, the only requirement for a marriage in this state shall be for parties who
are otherwise legally authorized to be married to enter into a marriage as provided in this
section. However, the judge of probate shall continue to collect the recording fee provided
for in subdivision (32) of subsection (b) of Section 12-19-90 for each marriage recorded with
the judge of probate. Furthermore, at the time the marriage is recorded, the judge of probate
shall also collect the fee provided for in Section 30-6-11 to be distributed as provided in
that section. (b) The marriage document required to be executed by the parties shall contain
information to identify the parties as set forth in Section 22-9A-6, as well as the following
minimum information: (1) The full legal names of both of the...
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