Alabama 2023 Regular Session

Alabama House Bill HB267

Introduced
4/6/23  
Refer
4/6/23  
Report Pass
4/26/23  
Report Pass
4/26/23  
Engrossed
5/25/23  
Refer
5/25/23  
Report Pass
5/31/23  
Report Pass
5/31/23  
Enrolled
6/1/23  

Caption

Relating to the Alabama Business and Nonprofit Entity Code; to add Chapter 3A to Title 10A, Code of Alabama 1975, by revising the Alabama Nonprofit Corporation Law to reflect the national standards set by the Model Nonprofit Corporation Act of 2021 and the Delaware General Corporation Law; and to make conforming changes throughout the Alabama Business and Nonprofit Entity Code in order to effectuate the changes to the Alabama Nonprofit Corporation Law and conform with the other entities governed by the Alabama Business and Nonprofit Entity Code by amending Sections 10A-1-1.03, 10A-1-1.08, 10A-1-3.32, 10A-1-8.01, 10A-1-8.02, 10A-1-9.01, 10A-2A-1.40, 10A-2A-1.43, 10A-2A-1.51, 10A-2A-2.02, 10A-2A-2.06, 10A-2A-7.04, 10A-2A-7.20, 10A-2A-7.32, 10A-2A-8.10, 10A-2A-8.21, 10A-2A-8.22, 10A-2A-8.24, 10A-2A-10.06, 10A-2A-10.07, 10A-2A-10.08, 10A-2A-11.02, 10A-2A-11.06, 10A-2A-12.02, and 10A-2A-14.13, Code of Alabama 1975; adding Sections 10A-2A-10.00 and 10A-2A-10.10 to the Code of Alabama 1975; and amending Sections 10A-5A-2.03, 10A-5A-10.07, 10A-8A-9.08, 10A-9A-2.02, and 10A-9A-10.08, Code of Alabama 1975.

Impact

If enacted, HB 267 will amend various sections of the Alabama Business and Nonprofit Entity Code, including but not limited to Sections 10A-1-1.03, 10A-1-1.08, and 10A-2A-1.40. The changes are expected to facilitate a more streamlined regulatory environment for nonprofits. By adopting provisions from established model laws, surrounding states with similar structures may provide enhanced legal support for Alabama's nonprofits, potentially boosting the sector's operational efficiency and compliance with charitable activities.

Summary

House Bill 267 pertains to the Alabama Business and Nonprofit Entity Code and aims to add Chapter 3A to Title 10A of the Code of Alabama 1975. This bill seeks to revise the Alabama Nonprofit Corporation Law to align with updated national standards set forth by the Model Nonprofit Corporation Act of 2021 and the Delaware General Corporation Law. The primary objective of this legislation is to modernize the existing legal framework governing nonprofit entities in Alabama, thereby improving clarity and compliance for organizations operating within the state.

Sentiment

The sentiment surrounding HB 267 appears to be largely supportive, particularly among stakeholders in the nonprofit sector, as it indicates a move towards aligning with recognized best practices in corporate governance. Advocates believe that the modifications will benefit nonprofit organizations by providing greater legal clarity and reducing bureaucratic obstacles. However, there may be concerns among some organizations about the implications of new obligations that may arise from aligning with broader regulatory frameworks.

Contention

Notable points of contention might arise regarding the implementation of the new standards, particularly among smaller nonprofit organizations that may find compliance burdensome. While the alignment with national standards is generally seen as beneficial, some stakeholders may express apprehension about increased reporting requirements or changes in governance structures that could complicate operations. As such, the discussion around HB 267 underscores the balance that must be struck between enhancing organizational integrity and ensuring that compliance does not unduly hinder the mission-driven work of nonprofits in Alabama.

Companion Bills

No companion bills found.

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Relating to the Alabama Business and Nonprofit Entity Code; to add Chapter 3A to Title 10A, Code of Alabama 1975, by revising the Alabama Nonprofit Corporation Law to reflect the national standards set by the Model Nonprofit Corporation Act of 2021 and the Delaware General Corporation Law; and to make conforming changes throughout the Alabama Business and Nonprofit Entity Code in order to effectuate the changes to the Alabama Nonprofit Corporation Law and conform with the other entities governed by the Alabama Business and Nonprofit Entity Code by amending Sections 10A-1-1.03, 10A-1-1.08, 10A-1-3.32, 10A-1-8.01, 10A-1-8.02, 10A-1-9.01, 10A-2A-1.40, 10A-2A-1.43, 10A-2A-1.51, 10A-2A-2.02, 10A-2A-2.06, 10A-2A-7.04, 10A-2A-7.20, 10A-2A-7.32, 10A-2A-8.10, 10A-2A-8.21, 10A-2A-8.22, 10A-2A-8.24, 10A-2A-10.06, 10A-2A-10.07, 10A-2A-10.08, 10A-2A-11.02, 10A-2A-11.06, 10A-2A-12.02, and 10A-2A-14.13, Code of Alabama 1975; adding Sections 10A-2A-10.00 and 10A-2A-10.10 to the Code of Alabama 1975; and amending Sections 10A-5A-2.03, 10A-5A-10.07, 10A-8A-9.08, 10A-9A-2.02, and 10A-9A-10.08, Code of Alabama 1975.

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