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10A-2A-8.51
Section 10A-2A-8.51 Permissible indemnification. (a) Except as otherwise provided in this section,
a corporation may indemnify an individual who is a party to a proceeding because the individual
is a director against liability incurred in the proceeding if: (1) (i) the director conducted
himself or herself in good faith; and (ii) the director reasonably believed: (A) in the case
of conduct in an official capacity, that his or her conduct was in the best interests of the
corporation; and (B) in all other cases, that his or her conduct was at least not opposed
to the best interests of the corporation; and (iii) in the case of any criminal proceeding,
the director had no reasonable cause to believe his or her conduct was unlawful; or (2) the
director engaged in conduct for which broader indemnification has been made permissible or
obligatory under a provision of the certificate of incorporation (as authorized by Section
10A-2A-2.02(b)(5)). (b) A director's conduct with respect to an...
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10A-2-8.51
Section 10A-2-8.51 Authority to indemnify. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94
EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Except as provided
in subsection (d), a corporation may indemnify an individual made a party to a proceeding
because he or she is or was a director against liability incurred in the proceeding if: (1)
The individual conducted himself or herself in good faith; and (2) The individual reasonably
believed: (i) In the case of conduct in his or her official capacity with the corporation,
that the conduct was in its best interests; and (ii) In all other cases, that the conduct
was at least not opposed to its best interests; and (3) In the case of any criminal proceeding,
the individual had no reasonable cause to believe his or her conduct was unlawful. (b) A director's
conduct with respect to an employee benefit plan for a purpose he or she reasonably believed
to be in the interests of the participants in and beneficiaries of...
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37-6-3
Section 37-6-3 Enumerated powers. A cooperative shall have the power: (1) To sue and be sued
in its corporate name. (2) To adopt a corporate seal and alter the same at its pleasure. (3)
To generate, manufacture, purchase, acquire and transmit electric energy and to distribute,
sell, supply and dispose of electric energy to its members, to governmental agencies and political
subdivisions and to other persons; provided, however, that should a cooperative acquire any
electric facilities dedicated or devoted to the public use, it may continue to serve the persons
served directly from such facilities at the time of such acquisition without requiring that
such persons become members, and, provided further, that such nonmembers shall have the right
to become members upon nondiscriminatory terms. Cooperatives may not condition membership
or provision of service on compliance by the member with requirements not directly related
to the electric or other service to be provided by the cooperative....
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10A-2A-8.31
Section 10A-2A-8.31 Standards of liability for directors. Notwithstanding Division C of Article
3 of Chapter 1: (a) A director shall not be liable to the corporation or its stockholders
for any decision to take or not to take action, or any failure to take any action, as a director,
unless the party asserting liability in a proceeding establishes that: (1) no defense interposed
by the director based on (i) any provision in the certificate of incorporation authorized
by Section 10A-2A-2.02(b)(4) or by Section 10A-2A-2.02(b)(6), or (ii) the protection afforded
by Section 10A-2A-8.60, precludes liability; and (2) the challenged conduct consisted or was
the result of: (i) action not in good faith; or (ii) a decision (A) which the director did
not reasonably believe to be in the best interests of the corporation, or (B) as to which
the director was not informed to an extent the director reasonably believed appropriate in
the circumstances; or (iii) a lack of objectivity due to the...
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11-65-2
Section 11-65-2 Definitions. (a) The following words and phrases used in this chapter, and
others evidently intended as the equivalent thereof, shall, unless the context clearly indicates
otherwise, have the following respective meanings: (1) ALABAMA-BRED. When this term is used
with reference to a horse, it means a horse which is registered in the registry designated
and administered by a commission in accordance with such rules concerning domicile and registration
requirements as may be established by such commission and which is either (i) foaled from
a mare domiciled in the state during the 10-year period beginning with January 1, 1991, or
(ii) sired by an Alabama stallion and foaled from a mare domiciled in the state at any time
after the expiration of such 10-year period. (2) ALABAMA STALLION. A stallion which is standing
in the state at the time he is bred to the dam of an Alabama-bred horse, which is registered
with a commission, and which is owned or leased by a resident of...
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10A-2A-8.30
Section 10A-2A-8.30 Standards of conduct for directors. Notwithstanding Division C of Article
3 of Chapter 1: (a) Each member of the board of directors, when discharging the duties of
a director, shall act: (i) in good faith, and (ii) in a manner the director reasonably believes
to be in the best interests of the corporation. (b) The members of the board of directors
or a board committee, when becoming informed in connection with their decision-making function
or devoting attention to their oversight function, shall discharge their duties with the care
that a person in a like position would reasonably believe appropriate under similar circumstances.
(c) In discharging board of directors or board committee duties, a director shall disclose,
or cause to be disclosed, to the other board of directors or board committee members information
not already known by them but known by the director to be material to the discharge of their
decision-making or oversight functions, except that...
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10A-1-6.21
Section 10A-1-6.21 Permissive indemnification. (a) An enterprise may indemnify a governing
person, former governing person, or delegate who was, is, or is threatened to be made a respondent
in a proceeding to the extent permitted by Section 10A-1-6.22 if it is determined in accordance
with Section 10A-1-6.23 that: (1) the person: (A) acted in good faith; and (B) reasonably
believed: (i) in the case of conduct in the person's official capacity that the person's conduct
was in the enterprise's best interests; and (ii) in all other cases, that the person's conduct
was not opposed to the enterprise's best interests; and (C) in the case of a criminal proceeding,
did not have a reasonable cause to believe the person's conduct was unlawful; (2) with respect
to expenses, the amount of expenses is reasonable; and (3) indemnification should be paid.
(b) Action taken or omitted by a governing person or delegate with respect to an employee
benefit plan in the performance of the person's duties for...
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11-65-18
Section 11-65-18 Application for operator's license. Depending upon the licensing authority
granted a commission by elections held pursuant to subsection (a) or (b) of Section 11-65-4,
a commission shall be empowered to grant operator's licenses for horse racing and pari-mutuel
wagering thereon or for greyhound racing and pari-mutuel wagering thereon. Any corporation,
partnership, or other business entity desiring to obtain (i) an operator's license to conduct
horse racing and pari-mutuel wagering thereon at a racing facility located in the commission
municipal jurisdiction or (ii) an operator's license to conduct greyhound racing and pari-mutuel
wagering thereon at a racing facility located in the commission municipal jurisdiction, either
through issuance of such license by a commission or transfer of an outstanding license, shall
file with the appropriate commission an application for such license. Such application may,
but need not, be made in conjunction with an application for a...
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11-65-15
Section 11-65-15 Application for horse racing facility license. Any person desiring to obtain
a horse racing facility license through issuance thereof by a commission, or through transfer
of an outstanding license, shall file with the appropriate commission an application for such
license. Such application shall be filed at the time and place prescribed by such commission
and shall be in such form and contain such information as may be prescribed by such commission,
including the following: (1) The name and address of such person; if a corporation, the state
of its incorporation and the full name and address of each officer and director thereof; if
a foreign corporation, whether it is qualified to do business in the state; and if a partnership
or joint venture, the name and address of each general partner thereof; (2) The name, and
every address for the period of five years immediately preceding the date of such application,
of each stockholder or member of such corporation, or each...
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34-24-193
Section 34-24-193 Board of Physical Therapy - Powers and duties; certification fee; administrative
fines; impaired practitioner program. (a) It shall be the duty of the board to pass upon the
qualifications of applicants for licensing as physical therapists and licensing as physical
therapist assistants, to conduct examinations, to issue licenses and renewals to physical
therapists and physical therapist assistants qualifying under this article and in a proper
case to suspend or revoke the license of such persons. The board may adopt rules and regulations
not inconsistent with law as it may deem necessary for the performance of its duties; however,
the board shall not issue any rules or regulations that require a physical therapist assistant
to be within sight of a consulting physical therapist or a physical therapist supervisor while
working under the direction of that physical therapist or issue any rules, regulations, or
orders inconsistent with Section 34-24-217(b). The board shall...
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