§ 11-54-99 — Validation of Attempted Incorporation of Certain Industrial Development Boards

Alabama § 11-54-99

• Jurisdiction: Alabama
• Title 11: Counties and Municipal Corporations
• Ch. 54: Promotion of Industry, Trade, Commerce and Pollution Control
• Art. 4: Industrial Development Boards
• Div. 1: General Provisions

Text

In all cases where there has heretofore been an attempt to incorporate a municipal industrial development board under the provisions of this article and a certificate of incorporation with respect to such board has been filed in the office of the judge of probate of the county in which such board was sought to be incorporated, but the attempted incorporation is invalid because of some irregularity in the procedure followed, the attempted incorporation of such industrial development board with respect to which such a certificate of incorporation has been filed shall be and hereby is validated ab initio, notwithstanding any irregularity in the procedure for the incorporation of such board, including without limiting the generality of the foregoing:
(1) The failure of the judge of probate in whose office such certificate of incorporation was filed to examine such certificate of incorporation;
(2) The failure of such judge of probate to find or make an order that
a. The recitals contained in the certificate of incorporation were correct;
b. The requirements of Section 11-54-83 were complied with; or,
c. The name of such board was not identical with or so nearly similar to that of another corporation already in existence in this state as to lead to confusion or uncertainty.
(3) The failure of such judge of probate to approve such certificate of incorporation or make an order so approving it; and
(4) The organization in a municipality, prior to January 1, 1967, of a second industrial development board subsequent to the organization of a previous validly incorporated industrial development board.

Legislative History

(Acts 1957, No. 484, p. 669; Acts 1967, No. 516, p. 1240.)