Code of Alabama - Title 22: Health, Mental Health, and Environmental Control - Section 22-21-341 - Reincorporation of existing corporations
Section 22-21-341 - Reincorporation of existing corporations.
Any public hospital corporation may be reincorporated under this article, avail itself of all rights, powers and privileges and become subject to all duties, obligations and responsibilities conferred or imposed by this article, in the following manner:
(1) The board of directors or other governing body of such public hospital corporation shall adopt a resolution stating that it proposes and applies for permission to reincorporate hereunder and containing a form of proposed certificate of reincorporation, which such certificate of reincorporation shall include, with the necessary changes in detail, the information required to be included in a certificate of incorporation described in Section 22-21-314 other than that referred to in subdivision (b) (1) thereof.
(2) Such public hospital corporation shall as promptly as practicable thereafter file a certified copy of such resolution with the governing body of each county or municipality that authorized the formation of such public hospital corporation (and, with respect to any public hospital corporation organized under the provisions of Article 6 of this chapter, the governing body of any other municipality that is then a "member" thereof); and each such county and municipality shall be deemed an "authorizing subdivision" with respect to any such public hospital corporation reincorporated hereunder.
(3) The governing body of each authorizing subdivision shall, as promptly as may be practicable after the filing of said certified resolution, review and act upon the said resolution and application in the manner, with the necessary changes in detail, prescribed in Section 22-21-313.
(4) The chairman (or other principal officer) and the secretary of such public hospital corporation shall thereupon sign and acknowledge a certificate of reincorporation, in the form included in the resolution referred to in subdivision (1) of this section, and cause it to be filed for record in the office specified in Section 22-21-314.
(5) Thereupon, such certificate of reincorporation shall be filed and recorded by the judge of probate as provided in Section 22-21-314, and the existence of such public hospital corporation as an authority under this article shall begin upon the filing of such certificate of reincorporation as provided for in this section.
No such reincorporation shall in any manner affect the rights of creditors or the rights or liabilities of the public hospital corporation existing at the time of such reincorporation or shall (any provision of law to the contrary notwithstanding) necessitate the obtaining by such reincorporated public hospital corporation or the reissuance of any certificate of need, assurance of need or other similar permit. With respect to any public hospital corporation reincorporated hereunder, any reference herein to a certificate of incorporation thereof shall also include and refer to its certificate of reincorporation.