Alabama § 45-41A-40.04 - Incorporation Procedures; Contents and Execution of Certificate.
Full text of Alabama Code of Alabama § 45-41A-40.04 — Incorporation Procedures; Contents and Execution of Certificate., with citation guidance and answers to common questions.
§ 45-41A-40.04. Incorporation Procedures; Contents and Execution of Certificate.
(a) Within 40 days following the adoption of the authorizing resolution the applicants shall proceed to incorporate the authority by filing for record in the office of the Judge of Probate of Lee County a certificate of incorporation which shall comply in form and substance with the requirements of this section and which shall be in the form and executed in the manner herein provided.
(b) The certificate of incorporation of the authority shall state all of the following:
(1) The names of the persons forming the authority, and that each of them is a duly qualified elector of the city.
(2) The name of the authority, which shall be the Opelika Downtown Redevelopment Authority.
(3) The period for the duration of the authority (if the duration is to be perpetual, subject to Section 45-41A-40.19, that fact shall be stated).
(4) The name of the city together with the date on which the governing body thereof adopted the authorizing resolution.
(5) The location of the principal office of the authority, which shall be within the corporate limits of the city.
(6) That the authority is organized pursuant to this part.
(7) Any other matters relating to the authority that the incorporators may choose to insert and that are not inconsistent with this part or with the laws of the state.
(b) The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds. When the certificate of incorporation is filed for record, there shall be attached to it a copy of the application as filed with the governing body of the city in accordance with Section 45-41A-40.03, and a certified copy of the authorizing resolution adopted by the governing body of the city. Upon the filing for record of the certificate of incorporation and the authority shall come into existence and shall constitute a public corporation under the name set forth in said certificate of incorporation. The judge of probate shall thereupon send a notice to the Secretary of State that the certificate of incorporation of the authority has been filed for record.
Source: official Alabama text · Last verified 2026-08-27
Frequently Asked Questions About Alabama § 45-41A-40.04
What does Code of Alabama § 45-41A-40.04 cover?
Section 45-41A-40.04 ("Incorporation Procedures; Contents and Execution of Certificate.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 45-41A-40.04?
A common citation format is "Code of Alabama § 45-41A-40.04" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 45-41A-40.04 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.