{"data":{"id":"us-al/ala.-code-10a-2-8.10","jurisdiction":"us-al","citation":"Ala. Code § 10A-2-8.10","heading":"Vacancy on Board.","body":"REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.\n(a) Unless the articles of incorporation provide otherwise, if a vacancy occurs on a board of directors:\n(1) The shareholders may fill the vacancy, whether resulting from an increase in the number of directors or otherwise; or\n(2) The board of directors may fill the vacancy, except that the directors shall have the power to fill a vacancy resulting from an increase in the number of directors only if expressly provided for in the articles of incorporation; or\n(3) If the directors remaining in office constitute fewer than a quorum of the board, they may fill the vacancy, if it is one that the directors are authorized to fill, by the affirmative vote of a majority of all the directors remaining in office.\n(b) If the vacant office was held by a director elected by a voting group of shareholders, only the holders of shares of that voting group are entitled to vote to fill the vacancy if it is filled by the shareholders.\n(c) A vacancy that will occur at a specific later date, by reason of a resignation effective at a later date under Section 10A-2-8.07(b) or otherwise, may be filled before the vacancy occurs but the new director may not take office until the vacancy occurs.","path":["Title 10A Alabama Business and Nonprofit Entities Code.","Chapter 2 Business Corporations.","Article 8 Directors and Officers.","Division A Board of Directors."],"source_url":"https://alison.legislature.state.al.us/code-of-alabama?section=10A-2-8.10","current_through":"Act 2026-611","vintage":"","retrieved_at":"2026-09-03T14:01:53Z","sha256":"166d84ccee05d37c3b331ac0935ea7304839ca5e3bbdebe950a888b3da104dbc","source_id":"us-al","stale":false,"prev":"us-al/ala.-code-10a-2-8.09","next":"us-al/ala.-code-10a-2-8.11"},"notice":"GroundRules: Original legal text. Not legal advice."}