Code of Alabama

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19-3A-104
Section 19-3A-104 Trustee's power to adjust. (a) If the terms of the trust expressly provide
by specific reference to this section, then a trustee may have the power to adjust between
principal and income to the extent the trustee considers necessary if (1) the trustee invests
and manages trust assets as a prudent investor; (2) the terms of the trust describe the amount
that may or must be distributed to a beneficiary by referring to the trust's income, and (3)
the trustee determines, after applying the rules in Section 19-3A-103(a), that the trustee
is unable to comply with Section 19-3A-103(b). (b) In deciding whether and to what extent
to exercise the power conferred by subsection (a), a trustee shall consider all factors relevant
to the trust and its beneficiaries, 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...
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40-18-176
Section 40-18-176 Nonresident shareholder composite returns. (a) The Department of Revenue
shall permit an Alabama S corporation to file composite returns and to make composite payments
on behalf of some or all of its nonresident shareholders if there are one or more nonresident
shareholders during any part of the taxable year. The Department of Revenue may permit composite
returns and payments to be made by an Alabama S corporation on behalf of its resident shareholders.
(b) For purposes of this section, a "composite return" means an informational return
similar in form to U.S. Treasury Department Schedule K-1 containing information concerning
one or more Alabama S corporation shareholder's respective shares of income, deductions and
losses passed through to them by virtue of their status as shareholders of an Alabama S corporation,
any credit to which the shareholder is entitled to claim by virtue of the Alabama S corporation's
payment of tax on his or her behalf pursuant to...
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45-37A-52.225
Section 45-37A-52.225 Officers and employees not to be privately interested in city contracts.
No member of the council, officer, or employee elected or appointed shall be interested, directly
or indirectly, in any contract for work or material, or the profits thereof, or services to
be furnished or performed for the city, and no such member of the council, officer, or employee
shall be interested, directly or indirectly, in any contract for work or material, or the
profits thereof, or services to be furnished or performed for any person, firm, or corporation
operating interurban railway, street railway, gas works, electric light or power plant, heating
plant, telegraph line, or telephone exchange within the territorial limits of the city. No
such member of the council, officer, or employee of such city shall be interested in or an
employee or attorney of any corporation operating any public service utility within the city.
No such member of the council, officer, or employee shall...
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27-31B-22
Section 27-31B-22 Protected cell captive insurance companies. (a) One or more sponsors may
form a protected cell captive insurance company under this chapter. (b) A protected cell captive
insurance company formed or licensed under this chapter may establish and maintain one or
more protected cells to insure risks of one or more participants, subject to all of the following
conditions: (1) Each protected cell shall be accounted for separately on the books and records
of the protected cell captive insurance company to reflect the financial condition and results
of operations of the protected cell, net income or loss, dividends or other distributions
to participants, and other factors as may be provided in the participant contract or required
by the commissioner. (2) The assets of a protected cell shall not be chargeable with liabilities
arising out of any other insurance business the protected cell captive insurance company may
conduct. (3) No sale, exchange, or other transfer of assets...
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16-25-21
Section 16-25-21 Method of financing. Effective October 1, 1997, all the assets of the retirement
system shall be credited according to the purpose for which they are held among three funds,
namely: The Annuity Savings Fund, the Pension Accumulation Fund, and the Expense Fund. The
operation of the former Pension Reserve Fund and the Annuity Reserve Fund shall be discontinued
as of such date, the balance of the former Pension Reserve Fund shall be transferred to the
Pension Accumulation Fund, and the balance of the former Annuity Reserve Fund shall be transferred
to the Pension Accumulation Fund. (1) The Annuity Savings Fund shall be a fund in which shall
be accumulated contributions from the compensation of members to provide for their annuities.
Contributions to and payments from the Annuity Savings Fund shall be made as follows: a. Each
employer shall cause to be deducted from the salary of each member on each and every payroll
of such employer for each and every payroll period five...
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41-14A-6
Section 41-14A-6 Establishment of SAFE board of directors; powers and duties of the board of
directors. (a) There is hereby established a Board of Directors of the SAFE Program charged
with responsibility and authority to assess and manage the sufficiency of the collateral pool
and the SAFE Program to provide adequate protection from losses to public depositors. In exercising
its powers and performing its responsibilities, the board of directors shall constitute a
body politic under the laws of the state performing the public function of assuring the safety
of public deposits. (b) The State Treasurer shall be a permanent, standing, voting member
of the board of directors and shall serve as its chair. The Superintendent of Banks shall
be a permanent, standing, non-voting member of the board of directors. The remaining six members
shall each possess knowledge, skill, and experience in one or more of the following areas:
(1) Financial analysis. (2) Trend analysis. (3) Accounting. (4)...
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45-37-123.194
Section 45-37-123.194 Prohibition against diversion of funds. (a) Except as provided below
and otherwise specifically required by law, it shall be impossible by operation of the plan
or of the trust agreement, by termination of either, by power of revocation or amendment,
by the happening of any contingency, by collateral arrangement, or by any other means, for
any part of the corpus or income of any trust fund maintained pursuant to the plan or any
funds contributed thereto to be used for, or diverted to, purposes other than the exclusive
benefit of members, former members, or their beneficiaries; and no funds of the system, whether
in cash, securities, or otherwise, nor any income or yield thereof, shall be subject to or
exacted on account of, any tax; and no retirement or disability allowance or right to return
of contributions, or other benefits payable as set forth in the plan, shall be assignable
or be subject to execution, levy, attachment, garnishment, or other legal process....
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10A-5-3.03
Section 10A-5-3.03 Agency power of members and managers; duties. REPEALED IN THE 2014 REGULAR
SESSION BY ACT 2014-144 EFFECTIVE JANUARY 1, 2017. (a) Except as provided in subsection (b),
every member is an agent of the limited liability company for the purpose of its business
or affairs, and the act of any member, including, but not limited to, the execution in the
name of the limited liability company of any instrument, for apparently carrying on in the
usual way the business or affairs of the limited liability company binds the limited liability
company, unless the member so acting has, in fact, no authority to act for the limited liability
company in the particular matter and the person with whom the member is dealing has knowledge
of the fact that the member has no such authority. (b) If the certificate of formation provides
that management of the limited liability company is vested in a manager or managers, both
of the following conditions apply: (1) No member, acting solely in...
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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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36-27-24
Section 36-27-24 Funds for assets of retirement system - Creation; composition; disposition
of funds; appropriations. (a) Effective October 1, 1997, all the assets of the retirement
system shall be credited according to the purpose for which they are held among three funds,
namely, the Annuity Savings Fund, the Pension Accumulation Fund, and the Expense Fund. The
operation of the former Pension Reserve Fund and the Annuity Reserve Fund shall be discontinued
as of such date and the balance of the former Pension Reserve Fund shall be transferred to
the Pension Accumulation Fund, and the balance of the former Annuity Reserve Fund shall be
transferred to the Pension Accumulation Fund. (b) Annuity Savings Fund. The Annuity Savings
Fund shall be a fund in which shall be accumulated contributions from the compensation of
members to provide for their annuities. Contributions to and payments from the Annuity Savings
Fund shall be made as follows: Effective October 1, 1971, each employer shall...
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