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19-3B-814
"sole," or "uncontrolled," the trustee shall exercise a discretionary power
in good faith and in accordance with the terms and purposes of the trust and the interests
of the beneficiaries. (b) Subject to subsection (d), and unless the terms of the trust expressly
indicate that a rule in this subsection does not apply: (1) a person other than a settlor
who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary
distributions to or for the trustee's personal benefit may exercise the power only
in accordance with an ascertainable standard; and (2) a trustee may not exercise a power to
make discretionary distributions to satisfy a legal obligation of support that the trustee
personally owes another person. (c) A power whose exercise is limited or prohibited by subsection
(b) may be exercised by a majority of the remaining trustees whose exercise of the power is
not so limited or prohibited. If the power of all trustees is so limited or...
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45-37A-51.162
Section 45-37A-51.162 Elected officials, appointed employees, and employees in the unclassified
service. (a) Elected officials. (1) Each officer shall be eligible to become a member of the
system by exercising the option hereby given in the manner and within the time provided for
in this subsection and not thereafter. (2) Any person who is an officer may exercise such
option within 90 days from the date upon which such person shall officially take office. (3)
An officer desiring to become a member under this subsection shall deliver to the city director
of finance, within the time above specified, a signed statement reciting that the officer
elects to become a member of the system. The election thus made shall be irrevocable. After
electing to become a member, an officer shall be subject to all burdens and entitled to all
rights attached to membership in the system, including the subjection of the officer to salary
deductions and entitlement to contributions by the city on his or her...
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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-2A-8.57
Section 10A-2A-8.57 Insurance. A corporation may purchase and maintain insurance on behalf
of an individual who is a director or officer of the corporation, or who, while a director
or officer of the corporation, serves at the corporation's request as a director, officer,
partner, trustee, employee, or agent of another corporation or foreign corporation or a joint
venture, trust, employee benefit plan, or other entity, against liability asserted against
or incurred by the individual in that capacity or arising from the individual's status as
a director or officer, regardless of whether the corporation would have power to indemnify
or advance expenses to the individual against the same liability under this Division E of
this Article 8. (Act 2019-94, §1.)...
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16-33C-25
Section 16-33C-25 Administration of programs. (a) In acquiring, investing, reinvesting, exchanging,
retaining, selling, and managing property for the benefit of the ABLE Program and ACES Program,
the Savings Board, and any person, investment manager, or committee to whom the Savings Board
delegates any of its investment authority, shall act as trustee and shall exercise the judgment
and care under the circumstances then prevailing which persons of prudence, discretion, and
intelligence exercise in the management of their own affairs, not in regard to speculation
but to permanent disposition of funds, considering the probable income as well as the safety
of their capital. (b) No Savings Board member nor any person, investment manager, or committee
to whom the Savings Board delegates any of its investment authority who acts within the standard
of care set forth in subsection (a) shall be held personally liable for any losses, damages,
or claims suffered by the ABLE Program or ACES...
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19-1-2
Section 19-1-2 Definitions. In this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings respectively ascribed to them by this
section: (1) BANK. Any person or association of persons, whether incorporated or not, carrying
on the business of banking or trust company. (2) FIDUCIARY. A trustee under any trust, expressed,
implied, resulting or constructive, executor, administrator, guardian, conservator, curator,
receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer
of a corporation, public or private, public officer or any other person acting in a fiduciary
capacity for any person, trust or estate. (3) PERSON. Such term includes a corporation, partnership,
or other association, or two or more persons having a joint or common interest. (4) PRINCIPAL.
Any person to whom a fiduciary as such owes an obligation. (Acts 1943, No. 557, p. 544, §1.)...
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19-3-125
Section 19-3-125 Life, endowment, or annuity contracts. In addition to any other investment
now permitted by law, a guardian or trustee may invest the funds of his ward or of the beneficiary
of the trust in life, endowment or annuity contracts of legal reserve life insurance companies
duly qualified and authorized to write such business in the State of Alabama; provided, however,
that the annual premium or premiums on such contracts purchased by such guardian or trustee
shall not exceed 25 percent of the income of the ward or the beneficiary for any calendar
year preceding the date of such purchase. The contract must contain the following options
after it has been in force for three years or less: a cash surrender value option, a paid-up
insurance or endowment option, and an extended insurance or endowment option. Such contract
may be issued on the life or lives of the ward or wards, or beneficiary or beneficiaries of
the trust or upon the life or lives of persons in whose life or...
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19-3B-604
Section 19-3B-604 Limitation on action contesting validity of revocable trust; distribution
of trust property. (a) A person may commence a judicial proceeding to contest the validity
of all or part of the terms of a trust that was revocable at the settlor's death within the
earlier of: (1) two years after the settlor's death; or (2) six months after the trustee sent
the person a copy of the trust instrument and a notice informing the person of the trust's
existence, of the trustee's name and address, and of the time allowed for commencing a proceeding.
(b) Upon the death of the settlor of a trust that was revocable at the settlor's death, the
trustee may proceed to distribute the trust property in accordance with the terms of the trust.
The trustee is not subject to liability for doing so unless: (1) the trustee has actual knowledge
of a pending judicial proceeding contesting the validity of all or part of the terms of the
trust; or (2) if, prior to the trustee's actual distribution, a...
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11-54-125
Section 11-54-125 Definitions. As used in this division, the following terms shall have the
following meanings: (1) AUTHORIZING RESOLUTION. A resolution adopted by the directors and
authorizing the execution and delivery of a trust agreement. (2) DIRECTORS. The board of directors
of an industrial development board. (3) ENDOWMENT TRUST FUND or FUND. A trust fund created
by an industrial development board pursuant to this division. (4) FUND MANAGER. Any individual,
partnership, corporation, or other person, including, without limitation, a trustee bank,
employed to manage and invest moneys held in and forming a part of an endowment trust fund
and other contributions to such fund. (5) INDUSTRIAL DEVELOPMENT BOARD or BOARD. A public
corporation now in existence or hereafter organized pursuant to the provisions of either industrial
development board act. (6) INDUSTRIAL DEVELOPMENT BOARD ACT. Act 648, 1949 Regular Session,
as amended, and Division 1 and Division 2 of this article, as...
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19-3A-104
including, but not limited to: (1) The nature, purpose, and expected duration of the trust;
(2) The intent of the settlor; (3) The identity and circumstances of the beneficiaries; (4)
The needs for liquidity for the trust; (5) The regularity of income to the trust; (6) The
need for preservation and appreciation of capital; (7) The nature of the assets held in the
trust and the extent to which they consist of financial assets, interests in closely held
enterprises, tangible and intangible personal property, or real property; (8) The extent
to which an asset is used by a beneficiary; (9) Whether an asset was purchased by the trustee
or received from the settlor; (10) The net amount allocated to income under the other sections
of this chapter and the increase or decrease in the value of the principal assets, which the
trustee may estimate as to assets for which market values are not readily available; (11)
Whether and to what extent the terms of the trust a. give the trustee the power...
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