Alabama § 10A-4-5.08 - Application to Existing Corporations.

§ 10A-4-5.08. Application to Existing Corporations.

(a) The provisions of this chapter shall apply to all existing corporations organized under the statute formerly codified as Article 11 of Chapter 4, Title 10 and repealed by Acts 1983, No. 83-514, effective January 1, 1984; provided, that any professional corporation, or nonprofit corporation, in existence on December 31, 1983, in which duly licensed medical and dental professionals are stockholders, or in the case of a nonprofit professional corporation, render medical and dental services, shall be deemed to be in compliance with Sections 10A-4-2.01 and 10A-4-2.03, as amended, and other applicable provisions of this chapter. The repeal of a prior act by this chapter shall not impair, or otherwise affect, the organization or continued existence of an existing domestic professional corporation nor the right of any foreign professional corporation presently qualified to render professional services in this state to continue to do so without again qualifying to render professional services in this state.

(b) Any unincorporated professional association organized under Article 1 of Chapter 30 may become subject to the provisions of this chapter by amending its certificate of association as a certificate of incorporation in compliance with this chapter, and delivering its certificate of incorporation to the Secretary of State for filing.

(c) Any domestic nonprofit corporation rendering professional services may become subject to the provisions of this chapter by amending its certificate of incorporation in compliance with this chapter and delivering the amendment to its certificate of incorporation to the Secretary of State for filing.

(d) The provisions of this chapter shall not apply to any unincorporated professional association now in existence under Section 10A-30-1.01, or to any domestic nonprofit corporation rendering professional services unless the association or nonprofit corporation voluntarily becomes subject to this chapter as herein provided, and nothing contained in this chapter shall alter or affect any existing or future right or privilege permitting or not prohibiting performance of professional services through the use of any other form of business organization.