(a) The certificate of incorporation or bylaws may prescribe qualifications for directors or for nominees for directors. Qualifications must be reasonable as applied to the corporation and be lawful.
(b) A requirement that is based on a past, prospective, or current action, or expression of opinion, by a nominee for director or a director that could limit the ability of a nominee for director or a director to discharge his or her duties as a director is not a permissible qualification under this section. Notwithstanding the foregoing, qualifications may include not being or having been subject to specified criminal, civil, or regulatory sanctions or not having been removed as a director by judicial action or for cause.
(c) A director shall be a natural person of the age of at least 19 years but need not be a resident of this state or a stockholder unless the certificate of incorporation or bylaws so prescribe.
(d) A qualification for nomination for director prescribed before a person's nomination shall apply to that person at the time of nomination. A qualification for nomination for director prescribed after a person's nomination shall not apply to that person with respect to that person's nomination.
(e) A qualification for director prescribed before a director has been elected or appointed may apply only at the time an individual becomes a director or may apply during a director's term. A qualification prescribed after a director has been elected or appointed shall not apply to that director before the end of that director's term.
Structure Code of Alabama
Title 10A - Alabama Business and Nonprofit Entities Code.
Chapter 2A - Alabama Business Corporation Law.
Article 8 - Directors and Officers.
Division A - Board of Directors.
Section 10A-2A-8.01 - Requirement for and Functions of Board of Directors.
Section 10A-2A-8.02 - Qualifications of Directors.
Section 10A-2A-8.03 - Number and Election of Directors.
Section 10A-2A-8.04 - Election of Directors by Certain Classes or Series of Stock.
Section 10A-2A-8.05 - Terms of Directors Generally.
Section 10A-2A-8.06 - Staggered Terms for Directors.
Section 10A-2A-8.07 - Resignation of Directors.
Section 10A-2A-8.08 - Removal of Directors by Stockholders.
Section 10A-2A-8.09 - Removal of Directors by Judicial Proceeding.