Ala. Code § 10A-18-1.08

Current through the 2024 Regular Session.

Section 10A-18-1.08 - Limitations on use of membership list

In addition to the restrictions on the use of membership lists under the Alabama Nonprofit Corporation Law:

(a) In an effort to prevent cybercrime, identity fraud, and financial crimes, an Alabama statewide trade association shall take reasonable precautions to safeguard member data, information, and contact information, including membership lists.

(b) An Alabama statewide trade association's certificate of incorporation may provide that the Alabama statewide trade association may not disclose member lists and member data.

(c) The membership list of an Alabama statewide trade association is the property of the Alabama statewide trade association and shall be used solely for official use of the Alabama statewide trade association. The Alabama statewide trade association may provide member mailing lists for official business purposes consistent with its purpose and its certificate of incorporation.

(d) Electronic mail addresses and other electronic transmission information for members may be used in the historical and routine business of an Alabama statewide trade association and shall not be rented, sold, or otherwise provided to any other individual or organization for any other purpose unless authorized by the board of directors.

(e) Unless otherwise permitted by the certificate of incorporation or bylaws of an Alabama statewide trade association, a membership list or any part thereof may not be obtained or used by a member or members of the Alabama statewide trade association for any purpose unrelated to the interest of that member or members with respect to the member's capacity as a member of the Alabama statewide trade association without the consent of the board of directors, including without limitation:

(1) to solicit money or property unless the money or property will be used solely to solicit the votes of the members in an election to be held by the Alabama statewide trade association;

(2) for any commercial purpose; or

(3) to be sold to, or purchased by, any person. § 10A-18-1.09. Required statement in certificate of formation.

(a) A membership nonprofit corporation formed under or governed by the Alabama Nonprofit Corporation Law that elects to be governed by this chapter shall amend its certificate of incorporation by setting forth in its certificate of incorporation a statement that it is an Alabama statewide trade association as defined in Sections 10A-18-1.03(a)(1) through (6) and that it elects to be governed by this chapter.

(b) An Alabama statewide trade association shall cease to be governed by this chapter if it amends its certificate of incorporation by removing the statement required in Section 10A-18-1.09(a) and shall thereafter be governed solely by the Alabama Nonprofit Corporation Law, with no right to elect to be governed by this chapter thereafter.

(c) An Alabama statewide trade association shall cease to be governed by this chapter if it no longer meets the definition of an Alabama statewide trade association as set forth in Section 10A-18-1.03. If an Alabama statewide trade association ceases to be governed by this chapter in accordance with this section, then that Alabama statewide trade association shall thereafter be governed solely by the Alabama Nonprofit Corporation Law, with no right to elect to be governed by this chapter thereafter.

Ala. Code § 10A-18-1.08 (1975)

Added by Act 2024-413,§ 3, eff. 6/1/2024.