2022 Code of Alabama
Title 41 - State Government.
Chapter 10 - Authorities.
Article 20 - Alabama Innovation Corporation
Section 41-10-802 - Incorporation.

Section 41-10-802

Incorporation.

(a) The Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate shall present to the Secretary of State an application, signed by each of them, for the formation of the Alabama Innovation Corporation, as a public corporation, having a legal existence separate and apart from the state and any county, municipality, or political subdivision, which shall set forth all of the following:

(1) The name, official designation, and official office location of each of the applicants, together with a certified copy of the commission evidencing each applicant's right to office.

(2) The date on which each applicant was sworn into office and the term of office of each applicant.

(3) The name of the proposed public corporation, which shall be the Alabama Innovation Corporation.

(4) The location of the principal office of the proposed corporation.

(5) Any other matter relating to the corporation that the applicants may choose to insert and that is not inconsistent with this article or state law.

(b) The application shall be subscribed and sworn to by each applicant before an officer authorized by the laws of the state to take acknowledgments to deeds. The Secretary of State shall examine the application, and, if he or she finds that the application substantially complies with the requirements of this section, the application shall be filed and recorded in an appropriate book of records in the office of the Secretary of State.

(c) When the application has been made, filed, and recorded as provided in subsection (b), the applicants shall constitute a public corporation under the name stated in the application, and the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this article, under the Great Seal of the State, and shall record the certificate with the application. There shall be no fees paid to the Secretary of State in connection with the corporation.

(d) Notwithstanding any provision of law to the contrary, any corporation incorporated pursuant to this section shall not be deemed to be a part of the state for any purpose but shall be treated as a public corporation and body politic separate and apart from the state.

(Act 2021-455, §1.)