Code of Alabama

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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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11-54-130
authorized by this division to be addressed therein, an investment policy may contain such
provisions as the investment committee may deem advisable with respect to the purchase, sale,
and disposition of investments by a fund manager with or without the prior approval, whether
written or oral of such committee. The investment committee shall monitor the performance
of investments of moneys held in and forming a part of such fund, compliance with the investment
policy, and if and to the extent authorized by the directors to do so, the management, use,
and disposition of any other properties, whether real or personal, tangible or intangible,
contributed to the fund. (d) The directors may authorize the investment committee or any fund
manager, or any one or more of them, to provide for the management, use, and disposition of
any properties, other than money, contributed to the fund, subject to such conditions or limitations
as the directors deem advisable. (Act 2000-730, p. 1569, ยง6.)...
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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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19-3B-802
Section 19-3B-802 Duty of loyalty. (a) A trustee shall administer the trust solely in the interests
of the beneficiaries. (b) Subject to the rights of persons dealing with or assisting the trustee
as provided in Section 19-3B-1012, a sale, encumbrance, or other transaction involving the
investment or management of trust property entered into by the trustee for the trustee's own
personal account or which is otherwise affected by a conflict between the trustee's
fiduciary and personal interests is voidable by a beneficiary affected by the transaction
unless: (1) the transaction was authorized by the terms of the trust; (2) the transaction
was approved by the court; (3) the beneficiary did not commence a judicial proceeding within
the time allowed by Section 19-3B-1005; (4) the beneficiary consented to the trustee's conduct,
ratified the transaction, or released the trustee in compliance with Section 19-3B-1009; or
(5) the transaction involves a contract entered into or claim acquired by...
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19-4A-3
Section 19-4A-3 Short-term investment vehicle. In the absence of specific instructions in the
governing document, the fiduciary shall invest idle funds in each fiduciary account in a short-term
investment vehicle, which may include a deposit in an interest-bearing account, a money market
mutual fund, or any other generally accepted investment vehicle for the investment of idle
funds. Such deposit in an interest-bearing account may be in the fiduciary's own commercial
bank or any affiliate thereof. Such investment in a money market mutual fund or any other
generally accepted investment vehicle may include: (1) a mutual fund or investment vehicle
provided by a third party vendor, even if the bank or trust company or any affiliate thereof
receives separate compensation from the vendor, or (2) a mutual fund or investment vehicle
provided by the bank or trust company or any affiliate thereof for which the bank or trust
company or any affiliate thereof may receive compensation as the mutual...
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8-6-140
Section 8-6-140 Definitions. For the purposes of this article, the following words have the
following meanings unless the context otherwise requires: (1) BENEFICIARY FORM. A registration
of a security which indicates the present owner of the security and the intention of the owner
regarding the person who will become the owner of the security upon the death of the owner.
(2) DEVISEE. Any person designated in a will to receive a disposition of real or personal
property. (3) HEIRS. Those persons, including the surviving spouse, who are entitled under
the statutes of intestate succession to the property of a decedent. (4) PERSON. An individual,
a corporation, an organization, or other legal entity. (5) PERSONAL REPRESENTATIVE.
Includes executor, administrator, successor personal representative, special administrator,
and persons who perform substantially the same function under the law governing their status.
(6) PROPERTY. Includes both real and personal property or any interest therein...
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10A-2A-7.30
Section 10A-2A-7.30 Voting trusts. (a) One or more stockholders may create a voting trust,
conferring on a trustee the right to vote or otherwise act for them, by signing an agreement
setting out the provisions of the trust (which may include anything consistent with its purpose)
and transferring their stock to the trustee. When a voting trust agreement is signed, the
trustee shall prepare a list of the names and addresses of all voting trust beneficial owners,
together with the number and class of stock each transferred to the trust, and deliver copies
of the list and agreement to the corporation at its principal office. (b) A voting trust becomes
effective on the date the first shares of stock subject to the trust are registered in the
trustee's name. (c) Limits, if any, on the duration of a voting trust shall be as set forth
in the voting trust. A voting trust that became effective when this chapter provided a 10-year
limit on its duration remains governed by the provisions of this...
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16-13-98
claims which are secured by a pledge of the said tax superior to the pledge securing the claim
to which such payment is to be applied, and such deposit shall be applied to no other purpose
until all such claims are satisfied. Any custodian, treasurer, superintendent of education,
member of a board of education or other officer who shall by vote or in any other manner cause,
aid or encourage any diversion of any such deposit to any other purpose or any misappropriation
thereof whereby loss or injury to the owner or holder of any such claim is caused shall
be jointly and severally liable, both personally and upon his official bond, if bonded, to
such owner or holder to the extent of such loss or injury, including attorneys' fees
and other collection costs. Any failure to make such deposit as required by the section or
to apply the same as herein provided shall be construed as a diversion or a misappropriation,
and any owner or holder of any claim then or at any time in the future payable...
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26-16-9
Section 26-16-9 Child Abuse and Neglect Prevention Board - Disbursement generally. (a) The
state board may authorize the disbursement of available money from the trust fund exclusively
for the following purposes, which are listed in the order of preference for expenditure: (1)
To fund a private nonprofit or public organization in the development or operation of a program
if at least all of the following conditions are met: a. The appropriate local council has
reviewed the program. This paragraph does not apply if a local council does not exist for
the geographic area to be served by the program. b. The organization demonstrates an ability
to match, through money or in-kind services, 50 percent of the amount of any trust fund money
received. Not more than 50 percent of the local match shall be in in-kind services. In-kind
services are subject to the approval of the state board. c. The organization demonstrates
a willingness and ability to provide program models and consultation to...
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41-15-10
Section 41-15-10 Premiums and collected earnings to constitute trust fund; surplus may be invested
in bonds, stocks, mutual funds, etc.; limitations and conditions; requisition for payment
of losses, expenses, etc. All premiums and earnings collected under the provisions of this
chapter shall constitute a trust fund to be applied as authorized in this chapter. With the
approval of the Governor, any surplus in the fund over a necessary working capital, which
shall be determined by the Director of Finance, at not less than $400,000.00, may be invested
in the bonds or other obligations of the United States, of the State of Alabama or of any
agency, institution or instrumentality of the State of Alabama. The Director of Finance shall
also have the authority to invest and reinvest said state insurance trust funds in such classes
of bonds, mortgages, common and preferred stocks, shares of investment companies or mutual
funds or other investments as the Finance Director with the consent of...
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