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43-2-833
Section 43-2-833 General duties; relation and liability to persons interested in estate; standing
to sue. (a) A personal representative is a fiduciary. Except as otherwise provided by the
terms of the will, the personal representative shall observe the standards in dealing with
the estate that would be observed by a prudent person dealing with the property of another.
If the personal representative has special skills or is named personal representative on the
basis of representations of special skills or expertise, the personal representative is under
a duty to use those skills. A personal representative is under a duty to settle and distribute
the estate of the decedent in accordance with the terms of any probated and effective will
and Title 43, and as expeditiously and efficiently as is consistent with the best interests
of the estate. The personal representative shall use the authority conferred upon personal
representatives by law, the terms of the will, if any, and any order in...
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12-15-319
Section 12-15-319 Grounds for termination of parental rights; factors considered; presumption
arising from abandonment. (a) If the juvenile court finds from clear and convincing evidence,
competent, material, and relevant in nature, that the parents of a child are unable or unwilling
to discharge their responsibilities to and for the child, or that the conduct or condition
of the parents renders them unable to properly care for the child and that the conduct or
condition is unlikely to change in the foreseeable future, it may terminate the parental rights
of the parents. In a hearing on a petition for termination of parental rights, the court shall
consider the best interests of the child. In determining whether or not the parents are unable
or unwilling to discharge their responsibilities to and for the child and to terminate the
parental rights, the juvenile court shall consider the following factors including, but not
limited to, the following: (1) That the parents have abandoned...
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29-6-7.1
Section 29-6-7.1 Legislative findings as to speech and debate; definitions; privileged and
confidential communication; waiver of privilege. (a) The Legislature hereby finds and declares
the following: (1) Section 56 of the Constitution of Alabama of 1901, now appearing as Section
56 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, contains
a speech or debate clause virtually identical to Section 6 of Article I of the Constitution
of the United States, the federal speech and debate clause. (2) In the case of Gravel v. United
States, 408 U.S. 606, the Supreme Court of the United States held the speech and debate clause
in the Constitution of the United States makes the communications between members of the Congress
and their staff privileged and confidential. (3) The Supreme Court explained its reasoning
as follows: "[T]he day-to-day work of [legislative] aides is so critical to the Members'
performance that they must be treated as the latter's alter ego;...
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45-44-150.05
Section 45-44-150.05 Duties of commission. It shall be the duty of the racing commission to
carry out this part; and it shall have the following specific duties: (1) To fix and set dates
upon which race meetings may be held or operated. (2) To make an annual report to the county
governing body of its operation, showing its own actions and rulings, and receipts derived
under this part, and such suggestions as it may deem proper for the more effective accomplishment
of the purposes of this part. (3) To require each applicant to: a. If an individual, group
of individuals, or partnership, each individual or partner shall be a resident of the State
of Alabama for at least five years immediately preceding the date of the license issued. b.
If a corporation, each incorporator, stockholder, director, and officer shall be a resident
of the State of Alabama for at least five years immediately preceding the date of the license
issued. c. Set forth on such application for a license the following...
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10A-2-14.05
Section 10A-2-14.05 Effect of dissolution. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94
EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) A dissolved corporation
continues its corporate existence but may not carry on any business except that appropriate
to wind up and liquidate its business and affairs, including: (1) Collecting its assets; (2)
Disposing of its properties that will not be distributed in kind to its shareholders; (3)
Discharging or making provision for discharging its liabilities; (4) Distributing its remaining
property among its shareholders according to their interests; and (5) Doing every other act
necessary to wind up and liquidate its business and affairs. (b) Dissolution of a corporation
does not: (1) Alter the limited liability status of its subscribers and shareholders under
Section 10A-2-6.22, except as provided in Section 10A-1-9.22(d)(2) with respect to assets
distributed to a shareholder in liquidation; (2) Transfer title to...
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12-15-140
Section 12-15-140 Content of order; order may set forth reasonable conditions of behavior for
parents, persons responsible for care; enumeration of certain specific requirements which
may be included in order. (a) The protection or restraint order may set forth reasonable conditions
of behavior to be observed by a person who is a parent, legal guardian, legal custodian, or
other person legally responsible for the care of the child subject to a juvenile court proceeding,
or the spouse of the parent, or spouse of any other person legally responsible for the care
of the child, or relatives of any of the above, or residents of the home of the child, or
any other person. (b) The protection or restraint order, among other things, may require any
person or persons to do any of the following: (1) Stay away from the home in which the child
subject to a juvenile court proceeding resides, the family or the child. (2) Vacate the home
in which the child subject to a juvenile court proceeding...
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34-13-120
Section 34-13-120 License required; crematory requirements; application and inspection; records;
violations; rulemaking authority. (a) No person, firm, corporation, association, entity, or
funeral establishment, or branch thereof, may operate a crematory for the purpose of cremating
dead human bodies, unless licensed by the board as a funeral establishment and the crematory
being registered with the board and inspected by the board before any cremations of human
remains are performed. (b) A crematory shall satisfy all of the following requirements and
have the following minimum equipment, facilities, and personnel: (1) Registered with the board.
(2) Inspected by the board before performing any cremations. (3) Fixed on the premises of
a funeral establishment. For the purposes of this subdivision, fixed means permanently attached
to the real property where the establishment is situated. (4) Owned by the same individual,
partnership, or corporation as the funeral establishment. (5) Under...
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10A-2A-14.05
Section 10A-2A-14.05 Effect of dissolution. (a) A dissolved corporation continues its existence
as a corporation but may not carry on any business except as is appropriate to wind up and
liquidate its business and affairs, including: (1) collecting its assets; (2) disposing of
its properties that will not be distributed in kind to stockholders; (3) discharging or making
provisions for discharging its liabilities; (4) distributing its remaining property among
its stockholders according to their interests; and (5) doing every other act necessary to
wind up and liquidate its business and affairs. (b) In winding up its business and affairs,
a corporation may: (1) preserve the corporation's business and affairs and property as a going
concern for a reasonable time; (2) prosecute, defend, or settle actions or proceedings whether
civil, criminal, or administrative; (3) transfer the corporation's assets; (4) resolve disputes
by mediation or arbitration; (5) merge or convert in accordance with...
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19-3B-103
Section 19-3B-103 Definitions. In this chapter: (1) ACTION, with respect to an act of a trustee,
includes a failure to act. (2) ASCERTAINABLE STANDARD means a standard relating to an individual's
health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or
2514(c)(1) of the Internal Revenue Code of 1986, as in effect on January 1, 2007, or as later
amended. (3) BENEFICIARY means a person that: (A) has a present or future beneficial interest
in a trust, vested or contingent; or (B) in a capacity other than that of trustee, holds a
power of appointment over trust property. (4) CHARITABLE TRUST means a trust, or portion of
a trust, created for a charitable purpose described in Section 19-3B-405(a). (5) CONSERVATOR
means a person appointed by the court to administer the estate of a minor or adult individual.
(6) ENVIRONMENTAL LAW means a federal, state, or local law, rule, regulation, or ordinance
relating to protection of the environment. (7) GUARDIAN means a...
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8-26B-30
Section 8-26B-30 Alabama Athlete Agents Commission. (a) The Alabama Athlete Agents Commission
is continued in existence. The commission shall consist of the Secretary of State and 18 members
to be appointed as follows: (1) One member appointed by the Governor. (2) One member appointed
by the Lieutenant Governor. (3) One member appointed by the Speaker of the House of Representatives.
(4) The athletic director or an individual appointed by the athletic director at each of the
following institutions of higher education: a. Auburn University. b. University of Alabama,
Tuscaloosa. c. University of South Alabama. d. Alabama State University. e. Alabama A &
M University. f. Tuskegee University. g. Troy University. h. Jacksonville State University.
i. University of North Alabama. j. University of West Alabama. k. Miles College. l. University
of Montevallo. m. University of Alabama, Huntsville. n. University of Alabama, Birmingham.
(5) One member appointed by the Alabama High School Athletic...
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