Churches, Public Societies, and Graveyard Owners.

Ala. Code tit. 10A, ch. 20, art. 2

in effect

Ala. Code § 10A-20-2.01 Incorporation.

10A-20-2.01. Incorporation. (a) The members of any church, conference of churches, religious society, educational society, benevolent, monument, or burial society, patriotic society, societies for the purpose of nature study or scientific research, society for establishing public parks or places of public recreation, societies for promoting knowledge, promoting arts, or promoting sciences, societies for purposes of like kind or the owners of a graveyard, or the trustees of any of the foregoing churches, conferences, institutions, or societies elected by the organization, or organizations, of the church, conferences, institution, association, or society desiring to become incorporated, shall adopt a resolution signifying the intention and elect not less than three trustees. (b) The trustees shall, within 30 days after their election, deliver to the Secretary of State for filing, a certificate stating the corporate name selected, the names of the trustees, and the length of time for which they are elected, shall pay to the Secretary of State the filing fee under Chapter 1 for filing a certificate of formation. The members of the society, their associates, and successors are, from the filing of the certificate, incorporated by the name specified. (Code 1852, §§1257-1260; Code 1867, §§1521, 1522, 1524, 1529, 1530; Code 1876, §§1991, 1992, 1994, 2000, 2001; Code 1886, §§1694, 1695; Code 1896, §§1302, 1303; Code 1907, §§3613, 3614; Acts 1919, No. 136, p. 117; Code 1923, §§7167, 7168; Acts 1927, No. 119, p. 83; Code 1940, T. 10, §§124, 125; Acts 1994, No. 94-573, p. 1046, §1; §10-4-20; amended and renumbered by Act 2009-513, p. 967, §326; Act 2020-73, §10.)

Ala. Code § 10A-20-2.02 Powers of Corporation.

10A-20-2.02. Powers of Corporation. Corporations not of a business character created under this article or created by special act of the Legislature heretofore may acquire, hold, administer, distribute, or dispose of real and personal property, may take, receive, and acquire property by gift, devise, or bequest and hold, own, administer, use, distribute, and dispose of the property for the advancement, promotion, extension, or maintenance of the causes and objects as may be prescribed by the constitution and bylaws of the corporation in conformity with all lawful conditions imposed by the donor and may exercise other powers as are incident to private corporations. All such powers may be exercised by the corporation in its own right or as trustee or as personal representative. (Code 1852, §1262; Code 1862, §1526; Code 1876, §1996; Code 1886, §1696; Code 1896, §1304; Code 1907, §3615; Acts 1911, No. 74, p. 49; Code 1923, §7169; Code 1940, T. 10, §126; Acts 1955, No. 393, p. 929; §10-4-21; amended and renumbered by Act 2009-513, p. 967, §326.)

Ala. Code § 10A-20-2.03 Independence of Church Corporations in Control of Real Property.

10A-20-2.03. Independence of Church Corporations in Control of Real Property. (a) Unless otherwise clearly stated in the deed or other instrument under which any church corporation organized under this article derives title or unless afterwards approved by a majority of the adult members of the congregation of the church at a meeting held after announcement from the pulpit of the church at least seven days from the date of the announcement, the church corporation, whether heretofore or hereafter organized and incorporated under this article, shall be, and shall remain, a distinct and independent church corporation free from the regulation and control of any higher church body, denomination, or other organization with which it is now, or hereafter, associated or affiliated insofar as the management, control, disposition, or alienation of its real property is concerned. (b) The provisions of this section shall in nowise be construed as conferring on any church organized under this article greater power of control over its real property than it possessed prior to its passage nor shall this section be construed as diminishing in any respect the control or supervision of the real property of the church organized under this article exercised by any higher church body, denomination, or other organization prior to its passage. (Acts 1953, No. 647, p. 906, §§1, 2; §10-4-22; amended and renumbered by Act 2009-513, p. 967, §326.)

Ala. Code § 10A-20-2.04 Validity of Service of Process on Trustee.

10A-20-2.04. Validity of Service of Process on Trustee. In all civil actions or legal proceedings, the service of process and papers on a trustee of the corporation is valid for the purpose of bringing the corporation into court or for the objects of the notice. Code 1852, §1263; Code 1867, §1527; Code 1876, §1999; Code 1886, §1697; Code 1896, §1305; Code 1907, §3616; Code 1923, §7170; Code 1940, T. 10, §127; §10-4-23; amended and renumbered by Act 2009-513, p. 967, §326.)

Ala. Code § 10A-20-2.05 Borrowing of Money and Securing Same by Mortgage or Deed of Trust.

10A-20-2.05. Borrowing of Money and Securing Same by Mortgage or Deed of Trust. The trustees, or a majority of them, or authorized agents of any church, conference of churches, societies, or associations organized by special charter or under the general laws of this state, may borrow money to an amount as may be authorized by a majority of the trustees or authorized agents and may, by mortgage or deed of trust, convey all or any part of the property owned, real or personal, or both, to secure the payment of any debt contracted by the trustees or authorized agents; but before the mortgage or deed of trust can be executed, a majority of the board of trustees or authorized agents shall have first authorized the incurring of the debt and the execution of the mortgage or deed of trust on all or part of the real or personal property, or both, of the church, conference of churches, society, or association, which authorization must be made at a meeting of the board of trustees or authorized agents specifically called for the purpose. Any church, conference of churches, society, or association may grant to its board of trustees or authorized agents the power to convey by mortgage or deed of trust any or all of its property, real or personal, it may then own or may thereafter acquire for the purpose of securing any debt contracted by the board of trustees. A certified copy of the minutes of the church, conference of churches, society, or association, or of the board of trustees or authorized agents, shall be prima facie evidence of the authority of the board of trustees or authorized agents. (Code 1876, §1997; Code 1886, §1698; Code 1896, §1306; Code 1907, §3617; Acts 1919, No. 568, p. 826; Code 1923, §7171; Acts 1927, No. 119, p. 83; Code 1940, T. 10, §128; §10-4-24; amended and renumbered by Act 2009-513, p. 967, §326.)

Ala. Code § 10A-20-2.06 Sale and Conveyance of Property.

10A-20-2.06. Sale and Conveyance of Property. The trustees or other authorized agents of any church, conference of churches, society, association, or other corporation organized under this article may sell and convey all or part of the property thereof, real or personal, as they may be authorized to do by resolution of the church, conference of churches, society, association, or other corporation assembled at a regular meeting or special meeting. If a special meeting, notice of the time, place, and object of the meeting must be given at least 10 days prior to the special meeting by posting notice at the place of regular meetings. (Code 1923, §7172; Acts 1927, No. 119, p. 83; Code 1940, T. 10, §129; §10-4-25; amended and renumbered by Act 2009-513, p. 967, §326.)

Ala. Code § 10A-20-2.07 Effect of Recital in Minutes on Proceedings Under Sections 10A-20-2.05 and 10A-20-2.06.

10A-20-2.07. Effect of Recital in Minutes on Proceedings Under Sections 10A-20-2.05 and 10A-20-2.06. A recital upon the minutes of the proceedings of a society or church that the notice required in Sections 10A-20-2.05 and 10A-20-2.06 was given, and of the vote upon the question before the meeting shall be evidence of the regularity of the meeting and of the proceedings therein. (Code 1876, §1998; Code 1886, §1699; Code 1896, §1307; Code 1907, §3618; Code 1923, §7173; Code 1940, T. 10, §130; §10-4-26; amended and renumbered by Act 2009-513, p. 967, §326.)

Ala. Code § 10A-20-2.08 Burial Societies - Special Powers.

10A-20-2.08. Burial Societies - Special Powers. Burial societies so incorporated may exercise all powers necessary for properly governing, beautifying, improving, and taking care of such graveyard, and may make bylaws, rules, and regulations as are proper and necessary to secure the objects. (Code 1867, §1532; Code 1876, §2003; Code 1886, §1700; Code 1896, §1308; Code 1907, §3619; Code 1923, §7174; Code 1940, T. 10, §131; §10-4-27; amended and renumbered by Act 2009-513, p. 967, §326.)

Ala. Code § 10A-20-2.09 Burial Societies - Chair and Members of Board.

10A-20-2.09. Burial Societies - Chair and Members of Board. When a graveyard is wholly under the control of persons belonging to one denomination or faith, the elder, deacon, minister, bishop, or priest who is the head of the denomination in the city, town, village, or county shall be ex officio the chair of the board of trustees. When a graveyard is under the control of persons of different denominations, the heads of the denominations interested shall be members of the board. (Code 1867, §1533; Code 1876, §2004; Code 1886, §1701; Code 1896, §1309; Code 1907, §3620; Code 1923, §7175; Code 1940, T. 10, §132; §10-4-28; amended and renumbered by Act 2009-513, p. 967, §326.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026