72 The Alabama Lawyer 69 (2011). Legislative Wrap-Up: New Laws Effective January 1, 2011.

• Author: BY ROBERT L. McCURLEY, JR.

Alabama Lawyer

2011.

72 The Alabama Lawyer 69 (2011).

Legislative Wrap-Up: New Laws Effective January 1, 2011

Legislative Wrap-Up: New Laws Effective January 1, 2011BY ROBERT L. McCURLEY, JR.1. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

Act 2010-500 (HB 114)

Effective Date: January 1, 2011

The same jurisdictional problems exist for adult guardianships of aging parents as with children living in different states. Guardians are regularly appointed by courts to care for an aging adult in one state then the individual moves to a second state. Sometimes guardianships must be initiated in a second state because of the refusal of financial institutions, care facilities and the courts to recognize a guardianship or protective order issued in a second state. This act provides an effective mechanism for resolving multi-jurisdictional disputes.

The Uniform Adult Guardianship and Protective Proceedings Act will clarify many guardianship issues including registration and transfer for out-of-state cases. The procedures in the act will help reduce the cost of guardianship and protective proceedings from state to state.

2. Uniform Child Abduction Prevention Act

Act 2010-212 (HB 213)

Effective Date: January 1, 2011

While current Alabama law addresses initial child custody determination as well as criminal repercussions for child abductions, this act clarifies the procedure for courts to follow to protect the child and all parties.

In 1999, Alabama passed the Uniform Child Custody Jurisdiction and Enforcement Act. This act compliments that act, including the temporary emergency jurisdiction currently available for minors.

The act also addresses special problems involved in international child abduction. These include risk factors related to whether the party is likely to take the child to a country that is not a party to the Hague Convention on the Civil Aspects of the International Child Abduction or to a country that is on a current risk of state sponsors of terrorism or engaged in active military war.

If abduction appears imminent, the court may issue a warrant to take physical custody of the child, direct law enforcement officers to take steps to locate and return the child or exercise other appropriate powers existing under state law.

3. Amendments to Trademark Act

Act 2010-747 (HB 165)

Effective Date: January 1, 2011

Rather than fully replace the current Alabama Trademark Law, the Alabama Trademark Act was amended to add concepts from the Model Act which will be improvements to current Law. The general areas at issue are dilution, the term for the trademark registration period, the classification system and the remedies available for infringement.

Alabama retains the ability to register a trade name in addition to a trademark.

4. Amendments to Revised Limited Partnership Act

Act 2010-211 (HB 115)

Effective Date: January 1, 2011

Passage of this Amendment will allow the new Lt. Partnership Act to be fully effective simultaneously with the new Business Entities Code and will allow both to be fully integrated into one code.

5. Business Entities Code

Act 2009-513

Effective Date: January 1, 2011

The purpose of this code is primarily non-substantive and is a comprehensive reorganization of the entity laws.

It reorganizes the following business entities into one code. They are reorganized into the following chapters:

1. General Provisions (Apply to all entities); 2. Alabama Business Corporation Act; 3. Alabama Non-Profit Corporation Act; 4. Alabama Professional Corporations Act; 5. Alabama Limited Liability Company Act; 8. Alabama Revised Partnership Act and LLP Act; 9. Alabama Revised Limited Partnership Act and LLLP Act; 10. Alabama Real Estate Investment Trust Act; 11. Employee Cooperative Corporations; 16. Business Trusts; 17. Unincorporated Non-Profit Associations; 20. Special Purpose Entities; 21. Certain Powers, Rights and Duties of Corporations; and 30. Provisions Applicable to Existing Entities of a Type that Can No Longer be formed: Unincorporated Professional Associations and Close Corporations. (Omitted chapter numbers are "reserved")

The re-organization will:

(1) Rearrange the business and non-business organizations into a more logical order; (2) Provide a smooth transition when a business needs to change from one entity to another; 3) Provide a numbering system designed to accommodate future expansion of the law; 4)...