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19-3-22
Section 19-3-22 Hearing; order. On the day appointed, or on any other day to which such application
may be continued, if it appears that the applicant has a real, bona fide interest in the administration
of the trust, and that by the terms thereof, the trustee is not required to give bond with
surety, and that a majority in number and interest of all the creditors for whose benefit
such trust may be created do not oppose such application, the register or clerk must make
and enter an order requiring such trustee to give bond with at least two good and sufficient
sureties, payable to such register or clerk, in such sum as the register or clerk may prescribe,
subject to change on application to the judge, with condition for the faithful discharge of
all the duties of such trustee, which bond must be approved, filed and recorded in his office.
(Code 1886, §3551; Code 1896, §4154; Code 1907, §6056; Code 1923, §10393; Code 1940, T.
58, §10.)...
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19-3-21
Section 19-3-21 Contents of application; notice of hearing. The application must be in writing,
verified by affidavit, must state the nature and character of the trust and of the interest
of the applicant therein and must state, in the opinion of the applicant, said interest is,
or will be endangered, if bond with sureties is not required of such trustee; and, on the
filing of such petition, the register or clerk must appoint a day for the hearing thereof,
of which not less than five days' notice, by the service of summons to appear and answer,
must be given the trustee, if he resides in the state, and if he resides without the state,
notice must be given by publication for three successive weeks in some newspaper published
in the county, if there be such paper, and if there be not, in the paper published nearest
to such county. (Code 1886, §3550; Code 1896, §4153; Code 1907, §6055; Code 1923, §10392;
Code 1940, T. 58, §9.)...
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19-3-37
Section 19-3-37 Examination and auditing of account; judgment. Upon the day so appointed, or
any day to which the hearing may be continued, the register or clerk must proceed to examine
and audit the account; and upon such auditing, the assignor or any creditor or party in interest,
his representative or transferee, may move the register or clerk to charge the trustee with
sums other than those with which he has charged himself, or may object to the allowance of
any item for which he claims credit; and such matters must be heard and the account stated
and passed upon by the register or clerk and distribution made and judgment to creditors as
in insolvent estates administered in the court of probate; and after deducting the costs and
expenses of administration, including five percent commissions to the trustee on the amount
of money with which he is charged, and the allowance of reasonable charges for the preparation
of the deed of assignment, and after the discharge of all liens or...
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19-3-23
Section 19-3-23 Failure of trustee to give bond; appointment of successor. If the trustee fails
for five days from and after the making of such order, to give such bond, the register or
clerk must make and enter an order removing him as a trustee, and may make and enter an order
appointing a successor, of whom bond, with sureties, payable and conditioned as provided in
Section 19-3-22 must be required. (Code 1886, §3552; Code 1896, §4155; Code 1907, §6057;
Code 1923, §10394; Code 1940, T. 58, §11.)...
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19-3-20
Section 19-3-20 Right of creditors to apply for order requiring trustee to give bond. When
an express trust is created for the payment or security of debts and, by the terms thereof,
the trustee is not required to give bond with surety, any creditor interested therein may
apply to the register or clerk of the circuit court of the county in which the trust property,
or the most valuable portion thereof, may be, for an order requiring such trustee to give
bond with surety for the faithful administration of the trust. (Code 1886, §3549; Code 1896,
§4152; Code 1907, §6054; Code 1923, §10391; Code 1940, T. 58, §8.)...
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19-3-28
Section 19-3-28 Notice to creditors. Upon the making of such order the register or clerk must
give notice thereof by mail, postage prepaid, to each creditor whose name and address he may,
by diligent inquiry and investigation, ascertain from the trustee, or assignor, or the record
of the deed of assignment in the office of the judge of probate, or any other available source
of information, and must also give notice by publication once a week for three successive
weeks in a newspaper published in the county, or if there be no such paper, by posting the
notice at the courthouse door for the same length of time. Such notice may be substantially
in the following form: "To the creditors of A.B., of _____: "The said A.B., having
made an assignment for the benefit of creditors, and C.D. having filed his petition for the
administration of such trust by the circuit court, and the circuit judge having made an order
designating the _____ day of _____, as a day by or on which all claims of...
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6-5-148
Section 6-5-148 Closing place pending final decision - Release of property on bond. The owner
or owners of any real property or personal property closed or restrained, or to be closed
or restrained, may appear at any time between the filing of the complaint and the hearing
of the application for a permanent injunction, and, upon payment of all costs incurred and
upon the filing of a bond payable to the state by the owner of the real property, with sureties
or a surety company to be approved by the register or clerk in the full value of the property
to be ascertained by the court or the judge, conditioned that such owner or owners will immediately
abate the nuisance and prevent the same from being established or kept until the decision
of the court or judge shall have been entered on the application for a permanent injunction,
then, in that case, the court or judge, if satisfied of the good faith of the owner of the
real property and of innocence on the part of any owner of the personal...
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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
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10A-1-1.03
Section 10A-1-1.03 Definitions. As used in this title, unless the context otherwise requires,
the following terms mean: (1) AFFILIATE. A person who controls, is controlled by, or is under
common control with another person. An affiliate of an individual includes the spouse, or
a parent or sibling thereof, of the individual, or a child, grandchild, sibling, parent, or
spouse of any thereof, of the individual, or an individual having the same home as the individual,
or a trust or estate of which an individual specified in this sentence is a substantial beneficiary;
a trust, estate, incompetent, conservatee, protected person, or minor of which the individual
is a fiduciary; or an entity of which the individual is director, general partner, agent,
employee or the governing authority or member of the governing authority. (2) ASSOCIATE. When
used to indicate a relationship with: (A) a domestic or foreign entity for which the person
is: (i) an officer or governing person; or (ii) a beneficial...
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8-6-11
Section 8-6-11 Registration of securities - Exempt transactions. (a) Except as hereinafter
in this section expressly provided, Sections 8-6-3 through 8-6-9 shall not apply to any of
the following transactions: (1) Any isolated nonissuer transaction, whether effected through
a dealer or not; (2) Any nonissuer transaction in an outstanding security by a registered
dealer if: a. The issuer has a class of securities subject to registration under Section 12
of the Securities Exchange Act of 1934 and has been subject to the reporting requirements
of Sections 13 or 15(d) of the Securities Exchange Act of 1934 for not less than 180 days
before the transaction; or has filed and maintained with the commission for not less than
180 days before the transaction information, in such form as the commission, by rule, specifies,
substantially comparable to the information which the issuer would be required to file under
Section 12(b) or Section 12(g) of the Securities Exchange Act of 1934, or the...
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