Title 10A

This chapter and the provisions of Chapter 1, to the extent applicable to Alabama statewide trade associations, may be cited as the Alabama Statewide Trade Association Law. (Act 2024-413, §3.)

The provisions of the Alabama Nonprofit Corporation Law shall apply to Alabama statewide trade associations, except to the extent they are inconsistent with the provisions of this chapter. (Act 2024-413, §3.)

As used in this chapter, unless the context otherwise requires, the term: (a) ALABAMA STATEWIDE TRADE ASSOCIATION means a domestic entity that is formed under or is governed by the Alabama Nonprofit Corporation Law and that: (1) is a membership nonprofit corporation as defined in…

(a) In lieu of any records required to be maintained by a membership nonprofit corporation under the Alabama Nonprofit Corporation Law, a statewide trade association must maintain the following records: (1) its certificate of incorporation as currently in effect; (2) its bylaws a…

In lieu of any inspection rights of the members of a membership nonprofit corporation under the Alabama Nonprofit Corporation Law: (a) A member of an Alabama statewide trade association is entitled to inspect the records required to be maintained by the Alabama statewide trade as…

(a) If an Alabama statewide trade association does not, within the time period set forth in Section 10A-18-1.05, allow a member who complies with Section 10A-18-1.05 to inspect the records required to be maintained by Sections 10A-18-1.04(a)(1) through (6), a member may petition …

(a) If a member of an Alabama statewide trade association has a reasonable belief that financial fraud or malfeasance has occurred or is occurring at the Alabama statewide trade association, that member may petition the Montgomery County Circuit Court for an independent audit of …

In addition to the restrictions on the use of membership lists under the Alabama Nonprofit Corporation Law: (a) In an effort to prevent cybercrime, identity fraud, and financial crimes, an Alabama statewide trade association shall take reasonable precautions to safeguard member d…

(a) A membership nonprofit corporation formed under or governed by the Alabama Nonprofit Corporation Law that elects to be governed by this chapter shall amend its certificate of incorporation by setting forth in its certificate of incorporation a statement that it is an Alabama …

Any bishop of a diocese consisting wholly or in part of territory in Alabama may become a corporation sole with the power and authority defined in this article by proceeding according to the provisions of this article. (Acts 1911, No. 429, p. 452; Code 1923, §7112; Code 1940, T. …

To become a corporation sole, the bishop shall present to the Secretary of State of Alabama an application signed by the bishop which shall set forth: (1) The name, official designation, and place of residence of the applicant, the name of the church of which the individual is a …

When the application has been made, filed, and recorded as provided in Section 10A-20-1.02, the applicant shall constitute a corporation sole under the name proposed in the application; and the Secretary of State shall make and issue to the applicant a certificate of incorporatio…

A corporation sole under this article shall have the following powers: (1) To have succession by its corporate name perpetually; (2) To sue and be sued and defend; (3) To make and use a corporate seal and alter the same at pleasure; (4) To receive, take and hold, by sale, gift, l…

When a bishop has become a corporation sole pursuant to this article, each of the successors in the bishopric shall succeed the bishop in the corporation upon making and filing with the Secretary of State an application for a certificate of succession setting forth: (1) The succe…

A bishop who has become a corporation sole pursuant to this chapter shall be authorized to appoint an administrator to act for the corporation during the time as the bishopric shall for any reason be vacant. In the event a vacancy should occur in the bishopric and no administrato…

Any corporation sole under this article may be dissolved by the bishop who constitutes the corporation filing with the Secretary of State an application therefor, which shall be subscribed, sworn to, and certified as in the case of an application for incorporation. Upon the filin…

Upon the presentation to the Secretary of State of any application provided for in this article, the applicant shall pay to the Secretary of State the fee prescribed to be paid to the Secretary of State by Chapter 1 as follows: (1) for the filing of an application under Section 1…

Any record kept or certificate issued in pursuance of this chapter, or a copy of any such record certified to be true by the legal custodian thereof, shall be received in evidence in all courts and shall be prima facie evidence of the facts therein recited or thereby shown. (Acts…

(a) The members of any church, conference of churches, religious society, educational society, benevolent, monument, or burial society, patriotic society, societies for the purpose of nature study or scientific research, society for establishing public parks or places of public r…

Corporations not of a business character created under this article or created by special act of the Legislature heretofore may acquire, hold, administer, distribute, or dispose of real and personal property, may take, receive, and acquire property by gift, devise, or bequest and…

(a) Unless otherwise clearly stated in the deed or other instrument under which any church corporation organized under this article derives title or unless afterwards approved by a majority of the adult members of the congregation of the church at a meeting held after announcemen…

In all civil actions or legal proceedings, the service of process and papers on a trustee of the corporation is valid for the purpose of bringing the corporation into court or for the objects of the notice. Code 1852, §1263; Code 1867, §1527; Code 1876, §1999; Code 1886, §1697; C…

The trustees, or a majority of them, or authorized agents of any church, conference of churches, societies, or associations organized by special charter or under the general laws of this state, may borrow money to an amount as may be authorized by a majority of the trustees or au…

The trustees or other authorized agents of any church, conference of churches, society, association, or other corporation organized under this article may sell and convey all or part of the property thereof, real or personal, as they may be authorized to do by resolution of the c…

A recital upon the minutes of the proceedings of a society or church that the notice required in Sections 10A-20-2.05 and 10A-20-2.06 was given, and of the vote upon the question before the meeting shall be evidence of the regularity of the meeting and of the proceedings therein.…

Burial societies so incorporated may exercise all powers necessary for properly governing, beautifying, improving, and taking care of such graveyard, and may make bylaws, rules, and regulations as are proper and necessary to secure the objects. (Code 1867, §1532; Code 1876, §2003…

When a graveyard is wholly under the control of persons belonging to one denomination or faith, the elder, deacon, minister, bishop, or priest who is the head of the denomination in the city, town, village, or county shall be ex officio the chair of the board of trustees. When a …

Whenever 10 or more ministers of the gospel or of any other religious faith or denomination desire to be legally formed into a body corporate, they shall file with the Secretary of State a declaration in writing, signed by them, setting forth the corporate name they desire to hav…

All corporations formed under this article shall have and exercise these powers: (1) To have perpetual succession by its corporate name; (2) To take and grant property, to contract obligations, and to sue and be sued by its corporate name; (3) To buy lands and other property, to …

Any annual conference that has heretofore been incorporated by an act of the Legislature of Alabama and desires to change its name or any corporation created under this article desiring to change its name may file with the Secretary of State a declaration in writing, showing the …

Whenever any annual conference has heretofore been organized according to the law of any branch of the Christian church or of any other religious faith or denomination but has not been incorporated, or the act of incorporation is for any reason believed to be defective or does no…

State conventions or state associations of churches, generally known as congregational churches, which have been heretofore incorporated under any general or special law of the state or which may be hereafter incorporated under any general law of this state, shall have and are in…

Incorporated conventions or associations, as well as sectional or national conventions or associations of churches incorporated under the laws of any state, may establish schools, colleges, universities, hospitals, orphanages, or training courses for the ministry, missions, medic…

All conventions or associations, heretofore incorporated under general or special laws or hereafter organized under general laws, shall have perpetual existence, and may hereafter do and perform any and all acts pertaining to the spread and propagation of the gospel, the furthera…

Any incorporated convention or association, heretofore organized under any general or special law or that may be hereafter under general laws organized, shall not lose its corporate existence by reason of failure to elect or appoint trustees or boards of directors, and the charte…

(a) Any educational institution heretofore incorporated under special act of the Legislature or under the general laws of the state may amend its charter as follows: (1) The trustees of the corporation must adopt a resolution embracing the desired amendment of the charter, which …

When a corporation organized under the laws of Alabama for educational purposes, which corporation has issued shares of stock, whether or not the charter or laws of Alabama authorized the issue of stock, and which has ceased to engage in the business for which it was organized ha…

(a) Where the charter of any educational corporation organized under the laws of this state, general or special, provides for the issuance of stock and the stockholders are unknown or where the amount or number of shares are unknown, the property of the corporation may be dispose…

Any nonstock nonprofit corporations organized for the purpose of establishing, maintaining, and operating a health care service plan under which health services are furnished to the public who become subscribers to the plan pursuant to contracts are authorized and shall be govern…

(a) The incorporators of any corporation to be governed by this article shall prepare and deliver to the Secretary of State for filing a certificate of formation stating an intention to become a corporation, which certificate of formation shall be signed by each of the incorporat…

Any health care facility capable of entering into a binding contract may participate as a member of the corporation if the health care facility: (1) Is approved by the appropriate state licensing agency having regulatory control over the facility; and (2) Is accepted as a member …

The property and business of the corporation shall be managed by a board of directors with the powers and authority necessary or incidental to the purposes of the corporation. The board shall be composed of not less than 15 nor more than 27 directors. Public directors, who shall …

The power to adopt, alter, amend, or repeal bylaws shall be vested in the board of directors. The bylaws may contain any provisions for the regulation and management of the affairs of the corporation, including provisions for the number and selection of the board of directors, no…

The corporation may change its corporate name, the location of its principal office, or make other alteration, amendment, or change in its certificate of formation, as may be desired in the following manner: (1) Its board of directors by a majority vote thereof, either in person …

Every corporation organized under this article shall procure from the Commissioner of Insurance a certificate of authority to do business, for which the corporation shall pay the sum of two hundred dollars ($200), and the certificates of authority shall be renewed thereafter on o…

No license, privilege, or other tax shall be charged any corporation organized under this article by or on behalf of any city or municipality of this state, and no license, privilege, or other tax in excess of the amount paid to the state under this article shall be charged any c…