§ 33-3-102 — General powers.

Unless its articles of incorporation provide otherwise, every corporation has perpetual duration and succession in its corporate name and has the same powers as an individual to do all things necessary or convenient to carry out its business and affairs, including without limitation power to: (1) sue and be sued, complain, and defend in its corporate name; (2) have a corporate seal, which may be altered at will, and to use it, or a facsimile of it, by impressing or affixing it or in any other manner reproducing it; (3) make and amend bylaws, not inconsistent with its articles of incorporation or with the laws of this State, for managing the business and regulating the affairs of the corporation; (4) purchase, receive, lease, or otherwise acquire and own, hold, improve, use, and otherwise deal with real or personal property, or any legal or equitable interest in property, wherever located; (5) sell, convey, mortgage, pledge, lease, exchange, and otherwise dispose of all or any part of its property; (6) purchase, receive, subscribe for, or otherwise acquire, own, hold, vote, use, sell, mortgage, lend, pledge, or otherwise dispose of, and deal in and with shares or other interests in, or obligations of, any other entity; (7) make contracts and guarantees, incur liabilities, borrow money, issue its notes, bonds, and other obligations (which may be convertible into or include the option to purchase other securities of the corporation), and secure any of its obligations by mortgage or pledge of any of its property, franchises, or income; (8) lend money, invest and reinvest its funds, and receive and hold real and personal property as security for repayment; (9) be a promoter, partner, member, associate, or manager of any partnership, joint venture, trust, or other entity; (10) conduct its business, locate offices, and exercise the powers granted by Chapters 1 through 20 of this Title within or without this State; (11) elect directors and appoint officers, employees, and agents of the corporation, define their duties, and fix their compensation, to lend money and credit to them, or to officers, employees, and agents, of affiliated or subsidiary corporations; (12) pay pensions and establish pension plans, pension trusts, profit sharing plans, share bonus plans, share option plans, and benefit or incentive plans for any or all of its current or former directors, officers, employees, and agents, and such directors, officers, agents, and employees of affiliated, subsidiary, or constituent companies; (13) make donations for the public welfare or for charitable, scientific, or educational purposes; (14) transact any lawful business that will aid governmental policy; (15) make payments or donations, or do any other act, not inconsistent with law, that furthers the business and affairs of the corporation.

Legislative History

HISTORY: Derived from 1976 Code SECTION 33-3-20 [1962 Code SECTION 12-12.2; 1952 Code SECTIONS 12-74, 12-101 to 12-105; 1942 Code SECTIONS 7677, 7685, 7745, 7747, 7755, 7756; 1932 Code SECTIONS 7677, 7685, 7745, 7747, 7755, 7756; Civ. C. '22 SECTIONS 4251, 4259, 4319, 4321, 4329, 4330; Civ. C. '12 SECTIONS 2784, 2792, 2850, 2852, 2860, 2861; Civ. C. '02 SECTIONS 1843, 1848, 1893, 1895; R. S. 1500; R. S. 1504; 1896 (22) 99; 1898 (22) 770; 1903 (24) 74; 1905 (24) 842; 1911 (27) 153; 1933 (38) 62; 1940 (41) 1636; 1962 (52) 1996; 1963 (53) 327; 1981 Act No. 146, SECTION 2; Repealed, 1988 Act No. 444, SECTION 2], and SECTION 33-9-250 [1962 Code SECTION 12-15.24; 1962 (52) 1996; 1963 (53) 327; 1981 Act No. 146, SECTION 2; Repealed, 1988 Act No. 444, SECTION 2]; 1988 Act No. 444, SECTION 2.