Senate Bill 104, effective June 1, 2022, revises the requirements for a corporation to issue or transfer fractional stock and prohibits a corporation from issuing a certificate representing scrip in bearer form.
Senate Bill 96, effective January 1, 2022, amends the Business and Nonprofit Entities Code to clarify the relationship between the chapters and various sections in Title 10A, to provide that the Secretary of State will assign ID numbers to entities, and to add a provision regarding the name of a reinstated entity. SB 96 also amends the business corporation act regarding notices and communications by electronic communications, circumstances when notices will not be required, and lists of stockholders, and amends the nonprofit corporation law concerning members participating in meetings by remote participation, and electronic communications.
House Bill 165, effective April 19, 2021, allows the Secretary of State to waive the Certificate of Existence fee for business entities under certain circumstances when a state of emergency exists.
House Bill 202, effective January 1, 2021, provides for the formation of new benefit corporations and for existing corporations to elect to become a benefit corporation. Among other things the bill provides that in fulfilling the duties a director shall consider, in addition to the interests of stockholders generally, the separate interests of stakeholders known to be affected by the business of the corporation and that no less than annually, a benefit corporation shall prepare a benefit report addressing the efforts of the corporation during the preceding year to operate in a responsible and sustainable manner, to pursue any public benefit or benefits identified in any public benefit provision, and to consider the interests of stakeholders.
House Bill 250, effective January 1, 2020, enacts a new Alabama Business Corporation Law. Among many other changes, the new law provides for incorporation, amendment, and dissolution filings to be made with the Secretary of State rather than with the county judge of probate. The new law applies to all corporations incorporated on or after January 1, 2020 and pre-existing corporations that elect to be governed by the new law. All corporations will be governed by the new law on January 1, 2021.