2019 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.
(a) A nonprofit association may file in the office of the judge of probate of the county where the association has its principal office 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. The statement and one copy thereof shall be delivered to the judge of probate, who will transmit a certified copy to the Secretary of State. If the judge of probate finds that the statement conforms to provisions of this section, he or she shall file the statement in his or her office, and upon the filing, the statement becomes effective.
(d) The appointed agent may resign by filing a resignation and one copy thereof with the judge of probate, and by giving notice to the nonprofit association. The judge of probate shall transmit a certified copy to the Secretary of State. The appointment of the agent shall terminate upon the expiration of 30 days after receipt of the notice by the judge of probate.
(e) The judge of probate 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.)