reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 17 - Unincorporated Nonprofit Associations. › Section 10A-17-1.02 - Definitions.

Section 10A-17-1.02
Definitions.
In this chapter:
(1) "Member" means a person who, under the rules or practices of a nonprofit association, may participate in the selection of persons authorized to manage the affairs of the nonprofit association or in the development of policy of the nonprofit association.
(2) "Nonprofit association" means an unincorporated organization consisting of two or more members joined by mutual consent as an association for a stated common, nonprofit purpose, but does not include a limited liability company, general partnership, or limited partnership. In addition, joint tenancy, tenancy in common, or tenancy by the entireties does not by itself establish a nonprofit association, even if the co-owners share use of the property for a nonprofit purpose.
(3) "Nonprofit purpose" shall be any purpose for which a nonprofit corporation could be organized under the Alabama Nonprofit Corporation Act, as amended, and where no part of income or profit is distributable to its members, directors and officers.
(Acts 1995, No. 95-527, p. 1064, §2; §10-3B-2; amended and renumbered by Act 2009-513, p. 967, §320; Act 2018-125, §6.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 17 - Unincorporated Nonprofit Associations. › Section 10A-17-1.03 - Supplementary General Principles of Law and Equity.

Section 10A-17-1.03
Supplementary general principles of law and equity.
Principles of law and equity supplement this chapter unless specifically displaced by a particular provision of it.
(Acts 1995, No. 95-527, p. 1064, §3; §10-3B-3; amended and renumbered by Act 2009-513, p. 967, §320.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 17 - Unincorporated Nonprofit Associations. › Section 10A-17-1.04 - Governance.

Section 10A-17-1.04
Governance.
(a) A nonprofit association may adopt written rules for its regulation, management, governance and dissolution.
(b) As to matters not addressed by written rules, the following rules shall apply:
(1) A member of a nonprofit association shall be entitled to participate in the governance of the association. A majority of the votes cast on a matter by members present and voting at a properly called meeting shall govern as to that matter.
(2) As to any matter not determined by vote, the association may take action in accordance with its settled practices.
(c) A member acting on behalf of the association shall discharge his or her duties in a manner the member reasonably believes to be in the best interest of the association.
(Acts 1995, No. 95-527, p. 1064, §4; §10-3B-4; amended and renumbered by Act 2009-513, p. 967, §320.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 17 - Unincorporated Nonprofit Associations. › Section 10A-17-1.05 - Real and Personal Property; Nonprofit Association as Legatee, Devisee, or Beneficiary.

Section 10A-17-1.05
Real and personal property; nonprofit association as legatee, devisee, or beneficiary.
(a) Unless prohibited or otherwise limited by its written rules or governing documents, a nonprofit association in its name may acquire, hold, encumber, or transfer an estate or interest in real or personal property.
(b) Unless prohibited or otherwise limited by its written rules or governing documents, a nonprofit association may be a legatee, devisee, or beneficiary of a trust or contract.
(c) Real and personal property in Alabama may be acquired, held, encumbered, and transferred by a nonprofit association, whether the nonprofit association or a member has any other relationship to Alabama.
(Acts 1995, No. 95-527, p. 1064, §5; §10-3B-5; amended and renumbered by Act 2009-513, p. 967, §320.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 17 - Unincorporated Nonprofit Associations. › Section 10A-17-1.06 - Statement of Authority as to Real Property.

Section 10A-17-1.06
Statement of authority as to real property.
(a) A nonprofit association shall execute and record a statement of authority to transfer an estate or interest in real property in the name of the nonprofit association.
(b) An estate or interest in real property in the name of a nonprofit association may be transferred by a person so authorized in a statement of authority recorded in the office of the judge of probate of the county in which the real property is located.
(c) A statement of authority shall set forth:
(1) The name of the nonprofit association;
(2) The address in Alabama, including the street address, if any, of the nonprofit association, or, if the nonprofit association does not have an address in Alabama, its address out of state;
(3) The name or title of a person authorized to transfer an estate or interest in real property held in the name of the nonprofit association; and
(4) The action, procedure, or vote of the nonprofit association which authorizes the person to transfer the real property of the nonprofit association and which authorizes the person to execute the statement of authority.
(d) A statement of authority shall be executed and recorded in the same manner as a deed by a person who is not the person authorized to transfer the estate or interest.
(e) The judge of probate shall collect a fee for recording a statement of authority in accordance with Article 4 of Chapter 1.
(f) An amendment, including a cancellation, of a statement of authority shall meet the requirements for execution and recording, and be accompanied by payment of the same recording fee payable to and for the judge of probate, of an original statement. Unless cancelled earlier, a recorded statement of authority as amended is cancelled by operation of law five years after the date of the most recent amended statement of authority.
(g) If the record title to real property is in the name of a nonprofit association and the statement of authority is recorded in the office of the judge of probate of the county in which the real property is located, the authority of the person named in a statement of authority is conclusive in favor of a person who gives value without notice that the person lacks authority.
(Acts 1995, No. 95-527, p. 1064, §6; §10-3B-6; amended and renumbered by Act 2009-513, p. 967, §320; Act 2020-73, §10.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 17 - Unincorporated Nonprofit Associations. › Section 10A-17-1.07 - Liability in Tort and Contract.

Section 10A-17-1.07
Liability in tort and contract.
(a) A nonprofit association is a legal entity separate from its members for the purposes of determining and enforcing rights, duties, and liabilities in contract and tort.
(b) A person is not liable for a breach of a nonprofit association's contract merely because the person is a member, is authorized to participate in the management of the affairs of the nonprofit association, or is a person considered to be a member by the nonprofit association.
(c) A person is not liable for a tortious act or omission for which a nonprofit association is liable merely because the person is a member, is authorized to participate in the management of the affairs of the nonprofit association, or is a person considered to be a member by the nonprofit association.
(d) A tortious act or omission of a member or other person for which a nonprofit association is liable is not imputed to a person merely because the person is a member of the nonprofit association, is authorized to participate in the management of the affairs of the nonprofit association, or is a person considered to be a member by the nonprofit association.
(e) A member of, or a person considered to be a member by, a nonprofit association may assert a claim against the nonprofit association. A nonprofit association may assert a claim against a member or a person considered to be a member by the nonprofit association.
(Acts 1995, No. 95-527, p. 1064, §7; §10-3B-7; amended and renumbered by Act 2009-513, p. 967, §320.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 17 - Unincorporated Nonprofit Associations. › Section 10A-17-1.08 - Capacity to Assert and Defend; Standing.

Section 10A-17-1.08
Capacity to assert and defend; standing.
(a) A nonprofit association, in its name, may institute, defend, intervene, or participate in a judicial, administrative, or other governmental proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution.
(b) A nonprofit association may assert a claim in its name on behalf of its members if one or more members of the nonprofit association have standing to assert a claim in their own right, the interests the nonprofit association seeks to protect are germane to its purposes, and neither the claim asserted nor the relief requested requires the participation of a member.
(Acts 1995, No. 95-527, p. 1064, §8; §10-3B-8; amended and renumbered by Act 2009-513, p. 967, §320.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 17 - Unincorporated Nonprofit Associations. › Section 10A-17-1.09 - Effect of Judgment or Order.

Section 10A-17-1.09
Effect of judgment or order.
A judgment or order against a nonprofit association is not by itself a judgment or order against a member.
(Acts 1995, No. 95-527, p. 1064, §9; §10-3B-9; amended and renumbered by Act 2009-513, p. 967, §320.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 17 - Unincorporated Nonprofit Associations. › Section 10A-17-1.10 - Disposition of Personal Property of Inactive or Dissolved Nonprofit Association.

Section 10A-17-1.10
Disposition of personal property of inactive or dissolved nonprofit association.
If a nonprofit association has been inactive for five years or longer, or has been dissolved, a person in possession or control of personal property of the nonprofit association may transfer the property:
(1) If a document of a nonprofit association specifies a person to whom transfer is to be made under these circumstances, to that person; or
(2) If no person is so specified, to a nonprofit association or nonprofit corporation pursuing broadly similar purposes, or to a government or governmental subdivision, agency, or instrumentality.
(Acts 1995, No. 95-527, p. 1064, §10; §10-3B-10; amended and renumbered by Act 2009-513, p. 967, §320.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 17 - Unincorporated Nonprofit Associations. › Section 10A-17-1.11 - Appointment of Agent to Receive Service of Process.

Section 10A-17-1.11
Appointment of agent to receive service of process.
(a) A nonprofit association may deliver to the Secretary of State for filing a statement appointing an agent authorized to receive service of process.
(b) A statement appointing an agent shall set forth:
(1) The name of the nonprofit association;
(2) The address in Alabama, including the street address, if any, of the nonprofit association, or, if the nonprofit association does not have an address in Alabama, its address out of state; and
(3) The name of the person in Alabama authorized to receive service of process and the person's address, including the street address, in Alabama.
(c) A statement appointing an agent shall be signed and acknowledged by a person authorized to manage the affairs of the nonprofit association. The statement shall also be signed and acknowledged by the person appointed agent, who thereby accepts appointment.
(d) The appointed agent may resign by delivering to the Secretary of State for filing a resignation, and by giving notice to the nonprofit association. The appointment of the agent shall terminate upon the expiration of 30 days after the Secretary of State has filed the resignation.
(e) The Secretary of State may collect a fee for filing a statement appointing an agent to receive service of process, an amendment, or a resignation in the amount charged for filing similar documents for nonprofit corporations.
(f) An amendment to a statement appointing an agent to receive service of process shall meet the requirements for execution of an original statement.
(Acts 1995, No. 95-527, p. 1064, §11; §10-3B-11; amended and renumbered by Act 2009-513, p. 967, §320; Act 2020-73, §10.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 17 - Unincorporated Nonprofit Associations. › Section 10A-17-1.12 - Claim Not Abated by Change of Members or Offices.

Section 10A-17-1.12
Claim not abated by change of members or offices.
A claim for relief against a nonprofit association does not abate merely because of a change in its members or persons authorized to manage the affairs of the nonprofit association.
(Acts 1995, No. 95-527, p. 1064, §12; §10-3B-12; amended and renumbered by Act 2009-513, p. 967, §320.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 17 - Unincorporated Nonprofit Associations. › Section 10A-17-1.13 - Venue.

Section 10A-17-1.13
Venue.
Venue shall be as is provided in Section 6-3-6, as may be amended from time to time.
(Acts 1995, No. 95-527, p. 1064, §13; §10-3B-13; amended and renumbered by Act 2009-513, p. 967, §320.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 17 - Unincorporated Nonprofit Associations. › Section 10A-17-1.14 - Summons and Complaint; Service on Whom.

Section 10A-17-1.14
Summons and complaint; service on whom.
In an action or proceeding against a nonprofit association, a summons and complaint shall be served on an agent authorized by appointment in Section 10A-17-1.11 herein to receive service of process, or on an officer, managing or general agent, or person authorized to participate in the management of its affairs, or in any manner otherwise provided in the Alabama Rules of Civil Procedure. If after reasonable efforts to accomplish service through these methods, service cannot be accomplished, then service may be made on a member of the association.
(Acts 1995, No. 95-527, p. 1064, §14; §10-3B-14; amended and renumbered by Act 2009-513, p. 967, §320.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 17 - Unincorporated Nonprofit Associations. › Section 10A-17-1.15 - Transition Concerning Real and Personal Property.

Section 10A-17-1.15
Transition concerning real and personal property.
(a) If, before January 1, 1996, an estate or interest in real or personal property was purportedly transferred to a nonprofit association, on January 1, 1996 the estate or interest vests in the nonprofit association unless the parties have treated the transfer as ineffective.
(b) If, before January 1, 1996, the transfer vested the estate or interest in another person to hold the estate or interest as a fiduciary for the benefit of the nonprofit association, its members, or both, on or after January 1, 1996, unless otherwise prohibited by terms of a written trust, the fiduciary may transfer the estate or interest to the nonprofit association in its name, or the nonprofit association, by appropriate proceedings, may require that the estate or interest be transferred to it in its name.
(Acts 1995, No. 95-527, p. 1064, §15; §10-3B-15; amended and renumbered by Act 2009-513, p. 967, §320.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 17 - Unincorporated Nonprofit Associations. › Section 10A-17-1.16 - Other Acts Not Repealed.

Section 10A-17-1.16
Other acts not repealed.
The following sections and parts of sections of the Code of Alabama 1975, as amended, are not repealed by this chapter:
(1) Sections 2-10-1 through 2-10-108, regarding cooperatives and associations.
(2) Section 6-3-4, regarding venue of actions against unincorporated groups issuing insurance policies.
(3) Section 6-3-6, regarding venue of actions against unincorporated organizations or associations.
(4) Section 6-5-336, regarding immunity of volunteers of nonprofit organizations if actions are in good faith and in the scope of official functions and duties, and do not represent willful or wanton misconduct.
(5) Section 6-6-220, defining "Person" as including any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation.
(6) Section 6-7-80, regarding right to commence actions in name of unincorporated organization or association.
(7) Section 6-7-81, regarding commencement of actions against unincorporated organization or association; satisfaction of judgment against unincorporated organization or association.
(8) Sections 10A-20-1.01 through 10A-20-1.09, regarding Bishops of Diocese, incorporation.
(9) Sections 10A-20-2.01 through 10A-20-2.09, regarding churches, public societies, and graveyard owners, incorporation.
(10) Sections 10A-20-3.01 through 10A-20-3.04, regarding Conference of Ministers, incorporation.
(11) Sections 10A-20-4.01 through 10A-20-4.04, regarding state conventions or associations of churches, incorporation.
(12) Sections 10A-20-5.01 through 10A-20-5.03, regarding educational institutions, incorporation.
(13) Sections 10A-20-6.01 through 10A-20-6.16, regarding health care service plans.
(14) Sections 10A-20-7.01 through 10A-20-7.23, regarding industrial development corporations.
(15) Sections 10A-20-8.01 through 10A-20-8.10, regarding local fraternal orders.
(16) Sections 10A-20-9.01 through 10A-20-9.05, regarding single tax and other mutual economic associations.
(17) Section 10A-20-10.01, regarding private foundations.
(18) Section 10A-20-13.01, regarding retail merchants' associations, incorporation.
(19) Section 10A-20-14.01, regarding wholesale merchants' associations, incorporation.
(20) Sections 10A-20-15.01 through 10A-20-15.04, regarding water power companies.
(21) Sections 10A-20-16.01 through 10A-20-16.05, regarding officers of nonprofit corporations, associations, or organizations liable only for willful or wanton misconduct or fraud, or gross negligence.
(Acts 1995, No. 95-527, p. 1064, §16; §10-3B-16; amended and renumbered by Act 2009-513, p. 967, §320.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 17 - Unincorporated Nonprofit Associations. › Section 10A-17-1.17 - Savings Clause.

Section 10A-17-1.17
Savings clause.
This chapter does not affect an action or proceeding commenced or right accrued before this chapter takes effect.
(Acts 1995, No. 95-527, p. 1064, §17; §10-3B-17; amended and renumbered by Act 2009-513, p. 967, §320.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 17 - Unincorporated Nonprofit Associations. › Section 10A-17-1.18 - Uniformity of Application and Construction.

Section 10A-17-1.18
Uniformity of application and construction.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
(Acts 1995, No. 95-527, p. 1064, §18; §10-3B-18; amended and renumbered by Act 2009-513, p. 967, §320.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 1 - Bishop of Diocese. › Section 10A-20-1.01 - Authority to Incorporate.

Section 10A-20-1.01
Authority to incorporate.
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. 10, §115; §10-4-1; amended and renumbered by Act 2009-513, p. 967, §324.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 1 - Bishop of Diocese. › Section 10A-20-1.02 - Proceedings to Incorporate.

Section 10A-20-1.02
Proceedings to incorporate.
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 bishop, a copy in English of the commission, instrument, or document, if any, evidencing the right to the office, the date and place of the consecration and induction into office and that the bishop desires to become a corporation sole under this article;
(2) The name and territorial limits of the diocese, the date of its creation, a brief designation of the authority by which the diocese was created, that by which it may be modified and that by which its bishopric is filled, the terms of its bishop's office and the instrument or document, if any, by which the bishop's right to the office is evidenced, and the place where, and the official by whom, the original records thereof are kept;
(3) The name proposed for the corporation;
(4) The location of the principal office of the proposed corporation; and
(5) Any other matter relating to the incorporation which the applicant may choose to insert, not inconsistent with the Constitution and laws of Alabama.
The application shall be subscribed and sworn to by the bishop before an officer authorized by the laws of Alabama to take and certify oaths, who shall certify upon the application that he or she personally knows the applicant and believes the applicant to be the bishop as asserted in the application and that the applicant subscribed and swore thereto in the officer's presence. The Secretary of State shall examine the application, and if he or she finds that the name proposed for the corporation is not identical with that of a person or of any other corporation in this state, or so nearly similar thereto as to lead to confusion and uncertainty, the Secretary of State shall receive and file it and shall record it in an appropriate book of record in his or her office.
(Acts 1911, No. 429, p. 452; Code 1923, §7113; Code 1940, T. 10, §116; §10-4-2; amended and renumbered by Act 2009-513, p. 967, §324.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 1 - Bishop of Diocese. › Section 10A-20-1.03 - Certificate of Incorporation.

Section 10A-20-1.03
Certificate of incorporation.
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 incorporation pursuant to this article, under the seal of the state, and shall record the same with the application.
(Acts 1911, No. 429, p. 452; Code 1923, §7114; Code 1940, T. 10, §117; §10-4-3; amended and renumbered by Act 2009-513, p. 967, §324.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 1 - Bishop of Diocese. › Section 10A-20-1.04 - Powers.

Section 10A-20-1.04
Powers.
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, lease, devise, or otherwise, real and personal estate of every description for charitable, educational, burial, religious, and church purposes and to manage and dispose of the same by any form of legal conveyance or transfer with full power and authority to borrow money and to convey by mortgage deed;
(5) To acquire, hold, purchase, receive by bequest or devise, and to convey or otherwise dispose of all such real, personal, and mixed property as may be necessary or convenient for the construction, operation, or maintenance of the diocesan enterprises or for the conduct or management of the business or businesses of the diocese of the bishop, or as the purposes of the bishop may require, and all other real, personal, or mixed property which shall have been bona fide conveyed, transferred, pledged, or mortgaged to the corporation by way of security for, or in, satisfaction of debts or purchased at sale under judgment obtained for the debts;
(6) To borrow money, issue notes, bonds, or other negotiable paper or mortgage, pledge, or otherwise transfer or convey its real, personal, and mixed property to secure the payment of money borrowed or any debt contracted;
(7) To appoint and employ officers and agents as the business of the corporation may require;
(8) To wind up and dissolve itself or be wound up and dissolved in the manner provided in this article;
(9) To establish and maintain churches, schools, orphanages, hospitals, and religious or benevolent institutions and to undertake and execute all business enterprises that the work of the diocese shall require;
(10) To undertake, execute, and carry on religious or diocesan charities, works, institutions, business, or enterprises in other states or foreign countries and to acquire, hold, transfer, mortgage, and convey, real, personal, or mixed property in those states and foreign countries; and
(11) To subscribe for, acquire, hold, and dispose of the stock, bonds, or other evidence of indebtedness of any other corporation of this or any other state or foreign countries and, while owner thereof, to exercise the rights, privileges, and powers of ownership, including the right to vote.
(Acts 1911, No. 429, p. 452; Code 1923, §7115; Code 1940, T. 10, §118; §10-4-4; amended and renumbered by Act 2009-513, p. 967, §324.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 1 - Bishop of Diocese. › Section 10A-20-1.05 - Certificate of Succession by Successor of Bishop.

Section 10A-20-1.05
Certificate of succession by successor of bishop.
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 succession; and
(2) A copy in English of the commission, instrument, or document evidencing the right to the succession, and the date and place of the consecration and induction into office, which certificate shall be subscribed, sworn to, and certified as provided for in the original application for incorporation.
Upon the issue of a certificate of succession as provided for in this section, the successor shall be clothed with all the authority and power of the original incorporator.
(Acts 1911, No. 429, p. 452; Code 1923, §7116; Code 1940, T. 10, §119; §10-4-5; amended and renumbered by Act 2009-513, p. 967, §324.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 1 - Bishop of Diocese. › Section 10A-20-1.06 - Appointment of Administrator to Act While Bishopric Vacant.

Section 10A-20-1.06
Appointment of administrator to act while bishopric vacant.
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 administrator shall have been appointed, then the ecclesiastical authority to whom the bishop is spiritually subject shall have authority to appoint the administrator. An appointment of an administrator shall be in writing, signed by the maker, attested by at least two witnesses and acknowledged or proved, as provided for conveyances of land in this state. Upon the occurrence of a vacancy, the administrator may file in the office of the Secretary of State an application for certificate of administratorship, setting forth the vacancy and the administrator's appointment, which application shall be subscribed, sworn to, and certified like the original application for incorporation, and shall attach thereto and file therewith the appointment and the acknowledgment or proof thereof. Upon the filing of an application of an administrator or of a successor in a corporation sole, the Secretary of State shall record the same in an appropriate book of record in the office of the Secretary of State and shall issue to the applicant a certificate of administratorship or successorship, as the case may be, under the seal of the state and shall record the same with the application therefor. From the issue of the certificate of administratorship, and until the certificate of succession has issued, the administrator shall be authorized to act for the corporation in the place of the bishop. As soon as the certificate of succession provided for in Section 10A-20-1.05 is issued, the administrator shall account for his or her administration and turn over all the corporation's property to the successor.
(Acts 1911, No. 429, p. 452; Code 1923, §7117; Code 1940, T. 10, §120; §10-4-6; amended and renumbered by Act 2009-513, p. 967, §324.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 1 - Bishop of Diocese. › Section 10A-20-1.07 - Dissolution.

Section 10A-20-1.07
Dissolution.
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 filing of the certificate, the corporation shall cease, and all its property rights and liabilities shall pass to the bishop, but no bishop shall be responsible for liabilities of a dissolved corporation in any greater sum than the value of property of the corporation which may come into possession of the bishop upon its dissolution. The Secretary of State shall record the application for dissolution and shall make and issue to the bishop, under the seal of the state, a certificate that the corporation is dissolved and shall record this certificate with the application for dissolution.
(Acts 1911, No. 429, p. 452; Code 1923, §7118; Code 1940, T. 10, §121; §10-4-7; amended and renumbered by Act 2009-513, p. 967, §324.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 1 - Bishop of Diocese. › Section 10A-20-1.08 - Fees to Be Paid to the Secretary of State.

Section 10A-20-1.08
Fees to be paid to the Secretary of State.
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 10A-20-1.02 to become a corporation sole, the fee prescribed for filing a certificate of formation;
(2) for the filing of an application under Section 10A-20-1.05 for a certificate of succession, the fee prescribed for filing a certificate of formation;
(3) for the filing of an application under Section 10A-20-1.06 for appointment of an administrator, the fee prescribed for filing a certificate of formation; and
(4) for the filing of an application to dissolve under Section 10A-20-1.07, the fee prescribed for filing a statement or articles of dissolution.
(Acts 1911, No. 429, p. 452; Code 1923, §7119; Code 1940, T. 10, §122; §10-4-8; amended and renumbered by Act 2009-513, p. 967, §324; Act 2020-73, §10.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 1 - Bishop of Diocese. › Section 10A-20-1.09 - Records and Certificates Prima Facie Evidence.

Section 10A-20-1.09
Records and certificates prima facie evidence.
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 1911, No. 429, p. 452; Code 1923, §7120; Code 1940, T. 10, §123; §10-4-9; amended and renumbered by Act 2009-513, p. 967, §324.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 2 - Churches, Public Societies, and Graveyard Owners. › Section 10A-20-2.01 - Incorporation.

Section 10A-20-2.01
Incorporation.
(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 recreation, societies for promoting knowledge, promoting arts, or promoting sciences, societies for purposes of like kind or the owners of a graveyard, or the trustees of any of the foregoing churches, conferences, institutions, or societies elected by the organization, or organizations, of the church, conferences, institution, association, or society desiring to become incorporated, shall adopt a resolution signifying the intention and elect not less than three trustees.
(b) The trustees shall, within 30 days after their election, deliver to the Secretary of State for filing, a certificate stating the corporate name selected, the names of the trustees, and the length of time for which they are elected, shall pay to the Secretary of State the filing fee under Chapter 1 for filing a certificate of formation. The members of the society, their associates, and successors are, from the filing of the certificate, incorporated by the name specified.
(Code 1852, §§1257-1260; Code 1867, §§1521, 1522, 1524, 1529, 1530; Code 1876, §§1991, 1992, 1994, 2000, 2001; Code 1886, §§1694, 1695; Code 1896, §§1302, 1303; Code 1907, §§3613, 3614; Acts 1919, No. 136, p. 117; Code 1923, §§7167, 7168; Acts 1927, No. 119, p. 83; Code 1940, T. 10, §§124, 125; Acts 1994, No. 94-573, p. 1046, §1; §10-4-20; amended and renumbered by Act 2009-513, p. 967, §326; Act 2020-73, §10.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 2 - Churches, Public Societies, and Graveyard Owners. › Section 10A-20-2.02 - Powers of Corporation.

Section 10A-20-2.02
Powers of corporation.
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 hold, own, administer, use, distribute, and dispose of the property for the advancement, promotion, extension, or maintenance of the causes and objects as may be prescribed by the constitution and bylaws of the corporation in conformity with all lawful conditions imposed by the donor and may exercise other powers as are incident to private corporations. All such powers may be exercised by the corporation in its own right or as trustee or as personal representative.
(Code 1852, §1262; Code 1862, §1526; Code 1876, §1996; Code 1886, §1696; Code 1896, §1304; Code 1907, §3615; Acts 1911, No. 74, p. 49; Code 1923, §7169; Code 1940, T. 10, §126; Acts 1955, No. 393, p. 929; §10-4-21; amended and renumbered by Act 2009-513, p. 967, §326.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 2 - Churches, Public Societies, and Graveyard Owners. › Section 10A-20-2.03 - Independence of Church Corporations in Control of Real Property.

Section 10A-20-2.03
Independence of church corporations in control of real property.
(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 announcement from the pulpit of the church at least seven days from the date of the announcement, the church corporation, whether heretofore or hereafter organized and incorporated under this article, shall be, and shall remain, a distinct and independent church corporation free from the regulation and control of any higher church body, denomination, or other organization with which it is now, or hereafter, associated or affiliated insofar as the management, control, disposition, or alienation of its real property is concerned.
(b) The provisions of this section shall in nowise be construed as conferring on any church organized under this article greater power of control over its real property than it possessed prior to its passage nor shall this section be construed as diminishing in any respect the control or supervision of the real property of the church organized under this article exercised by any higher church body, denomination, or other organization prior to its passage.
(Acts 1953, No. 647, p. 906, §§1, 2; §10-4-22; amended and renumbered by Act 2009-513, p. 967, §326.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 2 - Churches, Public Societies, and Graveyard Owners. › Section 10A-20-2.04 - Validity of Service of Process on Trustee.

Section 10A-20-2.04
Validity of service of process on trustee.
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; Code 1896, §1305; Code 1907, §3616; Code 1923, §7170; Code 1940, T. 10, §127; §10-4-23; amended and renumbered by Act 2009-513, p. 967, §326.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 2 - Churches, Public Societies, and Graveyard Owners. › Section 10A-20-2.05 - Borrowing of Money and Securing Same by Mortgage or Deed of Trust.

Section 10A-20-2.05
Borrowing of money and securing same by mortgage or deed of trust.
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 authorized agents and may, by mortgage or deed of trust, convey all or any part of the property owned, real or personal, or both, to secure the payment of any debt contracted by the trustees or authorized agents; but before the mortgage or deed of trust can be executed, a majority of the board of trustees or authorized agents shall have first authorized the incurring of the debt and the execution of the mortgage or deed of trust on all or part of the real or personal property, or both, of the church, conference of churches, society, or association, which authorization must be made at a meeting of the board of trustees or authorized agents specifically called for the purpose. Any church, conference of churches, society, or association may grant to its board of trustees or authorized agents the power to convey by mortgage or deed of trust any or all of its property, real or personal, it may then own or may thereafter acquire for the purpose of securing any debt contracted by the board of trustees. A certified copy of the minutes of the church, conference of churches, society, or association, or of the board of trustees or authorized agents, shall be prima facie evidence of the authority of the board of trustees or authorized agents.
(Code 1876, §1997; Code 1886, §1698; Code 1896, §1306; Code 1907, §3617; Acts 1919, No. 568, p. 826; Code 1923, §7171; Acts 1927, No. 119, p. 83; Code 1940, T. 10, §128; §10-4-24; amended and renumbered by Act 2009-513, p. 967, §326.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 2 - Churches, Public Societies, and Graveyard Owners. › Section 10A-20-2.06 - Sale and Conveyance of Property.

Section 10A-20-2.06
Sale and conveyance of property.
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 church, conference of churches, society, association, or other corporation assembled at a regular meeting or special meeting. If a special meeting, notice of the time, place, and object of the meeting must be given at least 10 days prior to the special meeting by posting notice at the place of regular meetings.
(Code 1923, §7172; Acts 1927, No. 119, p. 83; Code 1940, T. 10, §129; §10-4-25; amended and renumbered by Act 2009-513, p. 967, §326.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 2 - Churches, Public Societies, and Graveyard Owners. › Section 10A-20-2.07 - Effect of Recital in Minutes on Proceedings Under Sections 10a-20-2.05 and 10a-20-2.06.

Section 10A-20-2.07
Effect of recital in minutes on proceedings under Sections 10A-20-2.05 and 10A-20-2.06.
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.
(Code 1876, §1998; Code 1886, §1699; Code 1896, §1307; Code 1907, §3618; Code 1923, §7173; Code 1940, T. 10, §130; §10-4-26; amended and renumbered by Act 2009-513, p. 967, §326.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 2 - Churches, Public Societies, and Graveyard Owners. › Section 10A-20-2.08 - Burial Societies - Special Powers.

Section 10A-20-2.08
Burial societies - Special powers.
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; Code 1886, §1700; Code 1896, §1308; Code 1907, §3619; Code 1923, §7174; Code 1940, T. 10, §131; §10-4-27; amended and renumbered by Act 2009-513, p. 967, §326.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 2 - Churches, Public Societies, and Graveyard Owners. › Section 10A-20-2.09 - Burial Societies - Chair and Members of Board.

Section 10A-20-2.09
Burial societies - Chair and members of board.
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 graveyard is under the control of persons of different denominations, the heads of the denominations interested shall be members of the board.
(Code 1867, §1533; Code 1876, §2004; Code 1886, §1701; Code 1896, §1309; Code 1907, §3620; Code 1923, §7175; Code 1940, T. 10, §132; §10-4-28; amended and renumbered by Act 2009-513, p. 967, §326.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 3 - Conference of Ministers. › Section 10A-20-3.01 - Formation of Ministers Into Body Corporate.

Section 10A-20-3.01
Formation of ministers into body corporate.
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 have, the name of the denomination or branch of the church of God with which they are in affiliation and to whose rules and articles of belief they conform, and shall pay the Secretary of State the filing fee required to be paid to the Secretary of State under Section 10A-1-4.31 for filing a certificate of formation, whereupon the Secretary of State, in the name of the State of Alabama, shall issue a certificate of incorporation or charter to the corporation.
(Code 1907, §3593; Code 1923, §7083; Code 1940, T. 10, §111; §10-4-40; amended and renumbered by Act 2009-513, p. 967, §328.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 3 - Conference of Ministers. › Section 10A-20-3.02 - Powers of Corporation.

Section 10A-20-3.02
Powers of corporation.
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 receive grants of privileges and immunities, and hold the same for the benefit of its members and their successors;
(4) To receive gifts and grants in trust for the advancement of the religion or faith with which the corporation affiliates and education, and to execute the trusts;
(5) To lend any fund belonging to the corporation, or held by it in trust, and take security therefor, in bond with sureties, in pledges of personalty or in mortgages of property;
(6) To have a corporate seal;
(7) To make bylaws for the government of the corporation in conformity with the general laws and usage of that branch of the Christian church or of any other religious faith or denomination with which it affiliates;
(8) To prescribe the number and qualifications of its members and expel the same for cause; and
(9) To appoint and remove its officers and require bonds of its officers or agents, as it may deem proper.
(Code 1907, §3594; Code 1923, §7084; Code 1940, T. 10, §112; §10-4-41; amended and renumbered by Act 2009-513, p. 967, §328.)
2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 20 - Special Purpose Entities. › Article 3 - Conference of Ministers. › Section 10A-20-3.03 - Changing of Corporate Name.

Section 10A-20-3.03
Changing of corporate name.
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 proposed amendment, and must pay the Secretary of State the filing fee required under Section 10A-1-4.31 to be paid to the Secretary of State for filing a certificate of amendment, whereupon the Secretary of State shall issue to the corporation a charter in its new name.
(Code 1907, §3595; Code 1923, §7085; Code 1940, T. 10, §113; §10-4-42; amended and renumbered by Act 2009-513, p. 967, §328.)