House Judiciary (House) Hearing
Room 200 at 13:30:00
Relating to the Alabama Business and Nonprofit Entities Code.
This bill would eliminate references to the old Alabama Nonprofit Corporation Law, clarify that the address of registered agents must be in this state, clarify that the certificate of formation must set forth the county of the registered agent in accordance with current practice, and streamline and clarify the ratification process of certain actions in accordance with Delaware law changes.
This bill would provide that business and nonprofit corporations may provide for exculpation of certain officers for certain actions in accordance with changes to Delaware law and the Model Business Corporation Act.
This bill would clarify the amendment and restatement process and would clarify the provisions regarding the sale of property by business and nonprofit corporations in accordance with changes to Delaware law.
This bill would conform the professional corporation law to recent changes in the business and nonprofit corporation laws, and would provide a process for the ratification of certain actions and SB112 INTRODUCED transactions for limited liability companies, limited partnerships, and partnerships.
Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the section. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the section.
Enacted
Enacted
Signature Requested
Delivered to Governor
Enrolled
Ready to Enroll
Reed Concur In and Adopt House Amendment - Adopted Roll Call 1022
Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 1095
Motion to Adopt - Adopted Roll Call 1094 QMC2554-1
Judiciary Engrossed Substitute Offered QMC2554-1
Third Reading in Second House
Carried Over to the Call of the Chair
Read for the Second Time and placed on the Calendar
Reported Out of Committee Second House from House Judiciary QMC2554-1
Judiciary 1st Amendment UZW2DDX-1
Pending House Judiciary
Read for the first time and referred to the House Committee on Judiciary
Engrossed
Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 304
Givhan motion to Adopt - Adopted Roll Call 303 CNM5JWJ-1
Givhan 1st Amendment Offered CNM5JWJ-1
Third Reading in House of Origin
Read for the Second Time and placed on the Calendar
Reported Out of Committee House of Origin
Pending Senate Fiscal Responsibility and Economic Development
Read for the first time and referred to the Senate Committee on Fiscal Responsibility and Economic Development
Room 200 at 13:30:00
Finance and Taxation at 13:00:00
Finance and Taxation at 09:00:00
Source: Alabama Legislature