10A-10-1.03
Section 10A-10-1.03 Permitted form of unincorporated trust or association. A real estate investment
trust is a permitted form of unincorporated trust or association, and may conduct business
in the state in accordance with this chapter and with Chapter 1. (Acts 1995, No. 95-628, p.
1317, §3; §10-13-3; amended and renumbered by Act 2009-513, p. 967, §308.)...
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10A-1-1.06
Section 10A-1-1.06 Synonymous terms. To the extent not inconsistent with the Constitution of
Alabama of 1901, and other statutes of this state wherein the terms may be found, and as the
context requires, in this title or any other statute of this state: (1) a reference to certificate
of formation includes, in the case of a corporation, articles of incorporation, certificate
of incorporation, and charter; in the case of limited partnership, a certificate of limited
partnership and a certificate of formation; in the case of a limited liability company, certificate
of formation and articles of organization; and in the case of a business trust or a real estate
investment trust, declaration of trust and, similarly, a reference to articles of incorporation,
certificate of incorporation, charter, certificate of limited partnership, or articles of
organization includes a certificate of formation; (2) a reference to articles of dissolution
includes statement of dissolution and certificate of...
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10A-16-1.05
Section 10A-16-1.05 Contents and recordation of declaration of trust. (a) The written declaration
of trust may provide for the election of successor trustees in the event of the death, resignation,
and removal of a trustee and may provide for the amendment of the declaration of trust. The
declaration of trust may also contain other provisions regarding the operation and administration
of the business trust as may be necessary or desirable. (b) The declaration of trust shall
be delivered to the Secretary of State for filing, accompanied by the filing fee in the amount
prescribed by Chapter 1 for a certificate of formation. (Acts 1961, Ex. Sess., No. 251, p.
2263, §5; §19-3-64; amended and renumbered by Act 2009-513, p. 967, §318; Act 2020-73,
§10.)...
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10A-10-1.01
Section 10A-10-1.01 Short title. This chapter and the provisions of Chapter 1 to the extent
applicable to real estate investment trusts may be cited as the "Alabama Real Estate
Investment Trust Law." (Acts 1995, No. 95-628, p. 1317, §1; §10-13-1; amended and renumbered
by Act 2009-513, p. 967, §308.)...
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10A-1-1.08
Section 10A-1-1.08 Short titles. (a) The provisions of this title as described by this section
may be cited as provided by this section. (b) Chapter 2A and the provisions of Chapter 1 to
the extent applicable to business corporations may be cited as the Alabama Business Corporation
Law. (c) Chapter 3 and the provisions of Chapter 1 to the extent applicable to nonprofit corporations
may be cited as the Alabama Nonprofit Corporation Law. (d) Chapter 4 and the provisions of
Chapter 1 to the extent applicable to professional corporations may be cited as the Alabama
Professional Corporation Law. (e) Chapter 5A and the provisions of Chapter 1 to the extent
applicable to limited liability companies may be cited as the Alabama Limited Liability Company
Law. (f) Chapter 8A and the provisions of Chapter 1 to the extent applicable to general partnerships
may be cited as the Alabama Partnership Law. (g) Chapter 9A and the provisions of Chapter
1 to the extent applicable to limited partnerships may...
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10A-1-3.41
Section 10A-1-3.41 Certificated or uncertificated ownership interest. (a) Ownership interests
in a domestic entity may be certificated or uncertificated. (b) The ownership interests in
a business corporation, real estate investment trust, or professional corporation must be
certificated unless the governing documents of the entity or a resolution adopted by the governing
authority of the entity states that the ownership interests are uncertificated. If a domestic
entity changes the form of its ownership interests from certificated to uncertificated, a
certificated ownership interest subject to the change becomes an uncertificated ownership
interest only after the certificate is surrendered to the domestic entity. (c) Ownership interests
in a domestic entity, other than a domestic entity described in subsection (b), are uncertificated
unless this title or the governing documents of the domestic entity state that the interests
are certificated. (d) Unless an entity's chapter specifically...
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10A-1-3.32
Section 10A-1-3.32 Right of inspection and access by certain domestic entities. (a) This section
applies to domestic entities other than (i) corporations formed pursuant to or governed by
Chapter 2A or Chapter 4, and real estate investment trusts formed pursuant to or governed
by Chapter 10, each of which is governed by the separate recordkeeping requirements and record
inspections provisions of Chapter 2A and (ii) nonprofit corporations formed pursuant to or
governed by Chapter 3, limited liability companies formed pursuant to or governed by Chapter
5A, general partnerships formed pursuant to or governed by Chapter 8A, and limited partnerships
formed pursuant to or governed by Chapter 9A, each of which are governed by the separate recordkeeping
requirements and record inspection provisions set forth in each entity's respective chapter
governing that entity. (b) With respect to a domestic entity covered by this section, the
books and records maintained under the chapter of this title...
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10A-10-1.04
Section 10A-10-1.04 Construction with other law. (a) This chapter does not limit present law
as it applies to the creation of or doing business in the state by: (1) A common-law trust.
(2) A business trust. (3) A Massachusetts trust. (b) To the extent any provision of this chapter
is contrary to or inconsistent with 26 U.S.C. Sections 856 to 860, inclusive, of the U.S.
Internal Revenue Code, as amended from time to time, or the rulings and regulations adopted
under those sections, the latter shall prevail as to any real estate investment trust qualifying
under those sections, rulings, and regulations. (Acts 1995, No. 95-628, p. 1317, §4; §10-13-4;
amended and renumbered by Act 2009-513, p. 967, §308.)...
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10A-16-1.03
Section 10A-16-1.03 Powers and liabilities of trustees; liability of trust for acts of trustees.
The trustees shall hold the legal title to all property at any time belonging to the business
trust. They shall have control over the property as well as the control and management of
the business and affairs of the business trust. Liability to third persons for any act, omission,
or obligation of a trustee of a business trust, when acting in such capacity, shall extend
to the whole of the trust estate, or so much thereof as may be necessary to discharge such
obligation, but no trustee shall be personally liable for any such act, omission, or obligation.
The trustees shall have the powers as to the investment of the trust estate as may be set
out in the declaration of trust without regard to the type of investments to which trustees
generally are restricted by the provisions of Article 6 of Chapter 3 of Title 19 or otherwise.
(Acts 1961, Ex. Sess., No. 251, p. 2263, §3; §19-3-62; amended...
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19-3-62
Section 19-3-62 Powers and liabilities of trustees; liability of trust for acts of trustees.
The trustees shall hold the legal title to all property at any time belonging to the business
trust. They shall have control over such property as well as the control and management of
the business and affairs of the business trust. Liability to third persons for any act, omission
or obligation of a trustee of a business trust, when acting in such capacity, shall extend
to the whole of the trust estate, or so much thereof as may be necessary to discharge such
obligation, but no trustee shall be personally liable for any such act, omission or obligation.
The trustees shall have such powers as to the investment of the trust estate as may be set
out in the declaration of trust without regard to the type of investments to which trustees
generally are restricted by the provisions of Article 6 of this chapter or otherwise. (Acts
1961, Ex. Sess., No. 251, p. 2263, §3.)...
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