22-21-241
Section 22-21-241 Powers and liabilities of trustees of trusts. The trustees of trusts established
pursuant to Section 22-21-240 shall hold the legal title to all property at any time belonging
to the trust. They shall have control over such property as well as the control and management
of the business and affairs of the trust. Liability to third persons for any act, omission
or obligation of a trustee of a 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; provided, however, that the investments of the trust shall be limited to the same
type, kind and quality as those required of a domestic casualty insurer. Without limiting
the generality of the foregoing, the trustees shall have...
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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-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-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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10A-5A-4.08
Section 10A-5A-4.08 Duties of persons with direction and oversight. (a)(1) The duties a person
who has the authority to direct and oversee the activities and affairs of a limited liability
company owes to the limited liability company and to the members of the limited liability
company include the duty of loyalty and the duty of care as described in subsections (b) and
(d)(1). (2) The duties a person who has the authority to direct and oversee the activities
and affairs of a series of a limited liability company owes to that series and the members
associated with that series include the duty of loyalty and the duty of care as described
in subsections (c) and (d)(2). (b) The duty of loyalty of a person described in subsection
(a)(1) to a limited liability company and its members includes each of the following: (1)
To account to the limited liability company and to hold as trustee for it any property, profit,
or benefit derived by that person in the conduct or winding up of the limited...
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10A-9A-3.06
Section 10A-9A-3.06 Person erroneously believing self to be limited partner. (a) Except as
otherwise provided in subsection (b), a person that makes an investment in an organization
and erroneously but in good faith believes that the person has become a limited partner in
the organization is not liable for the organization's obligations by reason of making the
investment, receiving distributions from the organization, or exercising any rights of or
appropriate to a limited partner, if, on ascertaining the mistake, the person: (1) causes
an appropriate certificate of formation, amendment, or statement of correction to be signed
and filed with the filing officer in accordance with Article 4 of Chapter 1; or (2) withdraws
from future participation as an owner in the organization by signing a statement of withdrawal
and filing it with the Secretary of State. (b) A person that makes an investment described
in subsection (a) is liable to the same extent as a general partner to any third...
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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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19-3A-501
Section 19-3A-501 Disbursements from income. A trustee shall make the following disbursements
from income to the extent that they are not disbursements to which Section 19-3A-201(c)(2)
or Section 19-3A-201(c)(3) applies: (a) All of the regular compensation of the trustee and
of any person providing investment advisory or custodial services to the trustee, to the extent
not charged to principal pursuant to Section 19-3A-502(a)(1); (b) All expenses for accountings,
judicial proceedings, or other matters that involve both the income and remainder interests,
to the extent not charged to principal pursuant to Section 19-3A-502(a)(1); (c) All of the
other ordinary expenses incurred in connection with the administration, management, or preservation
of trust property and the distribution of income, including interest, ordinary repairs, regularly
recurring taxes assessed against principal, and expenses of a proceeding or other matter that
concerns primarily the income interest; (d) All...
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22-21-242
Section 22-21-242 Liability of hospitals and dentists as participants in trusts. No hospital
or dentist who or which is a participant in such a trust, as a grantor, member, beneficiary
or otherwise, shall be liable or obligated to the trust, to the trustee, to any other grantor,
member or beneficiary, to any creditor of the trust or to any other person by virtue of his
or its participation other than for the payment of his or its full agreed contribution to
the trust in accordance with the trust agreement. Without limiting the generality of the foregoing,
no participating hospital or dentist shall incur any other liability of any nature whatever
because of or arising out of his or its participation in such a trust. (Acts 1977, No. 166,
p. 226, §4; Acts 1978, 2nd Ex. Sess., No. 24, p. 1703, §3.)...
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5-5A-40
Section 5-5A-40 Disposition of deposit in trust for another upon death of trustee. Whenever
any deposit shall be made in any bank by any person in trust for another and no other or further
notice of the existence and terms of a legal and valid trust shall have been given in writing
to and received by the bank, in the event of the death of the trustee, such deposit or any
part thereof, together with any interest thereon, may be paid to the person for whom said
deposit was made, whether a minor or adult, and the receipt or acquittance of such person
shall fully relieve and release said bank from all liability. (Acts 1980, No. 80-658, §5-5-40.)...

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