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19-3D-15
Section 19-3D-15 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. TRUST LIMITATION ON
DECANTING. (a) An authorized fiduciary may not exercise the decanting power to the extent
the first-trust instrument expressly prohibits exercise of: (1) the decanting power; or (2)
a power granted by state law to the fiduciary to distribute part or all of the principal of
the trust to another trust or to modify the trust. (b) Exercise of the decanting power is
subject to any restriction in the first-trust instrument that expressly applies to exercise
of: (1) the decanting power; or (2) a power granted by state law to a fiduciary to distribute
part or all of the principal of the trust to another trust or to modify the trust. (c) A general
prohibition of the amendment or revocation of a first trust, a spendthrift clause, or a clause
restraining the voluntary or involuntary transfer of a beneficiary's...
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26-1A-116
Section 26-1A-116 Judicial relief. (a) The following persons may petition a court to construe
a power of attorney, determine the validity of a power of attorney, or review the agent's
conduct, and grant appropriate relief: (1) the principal or the agent; (2) a guardian, conservator,
or other fiduciary acting for the principal; (3) a person authorized to make health care decisions
for the principal; (4) the principal's spouse, parent, or descendant; (5) an individual who
would qualify as a presumptive heir of the principal; (6) a person named as a beneficiary
to receive any property, benefit, or contractual right on the principal's death or as a beneficiary
of a trust created by or for the principal that has a financial interest in the principal's
estate; (7) a governmental agency having regulatory authority to protect the welfare of the
principal; (8) the principal's caregiver or another person that demonstrates sufficient interest
in the principal's welfare; (9) a person asked to...
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19-3A-415
Section 19-3A-415 Asset-backed securities. (a) In this section, "asset-backed security"
means an asset whose value is based upon the right it gives the owner to receive distributions
from the proceeds of financial assets that provide collateral for the security. The term includes
an asset that gives the owner the right to receive from the collateral financial assets (1)
only the interest or other current return thereon or (2) only the proceeds other than interest
or current return. The term does not include an asset to which Section 19-3A-401 or Section
19-3A-409 applies. (b) If a trust receives a payment that includes interest or other current
return and other proceeds of the collateral financial assets, then the fiduciary (1) shall
allocate to income the portion of the payment which the payer identifies as being from interest
or other current return; and (2) shall allocate the balance of the payment to principal. (c)
If a trust receives one or more payments in exchange for the...
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19-3B-110
Section 19-3B-110 Others treated as qualified beneficiaries. (a) Whenever notice to qualified
beneficiaries of a trust is required under this chapter, the trustee must also give notice
to any other beneficiary who has sent the trustee a request for notice. (b) A charitable organization
expressly designated to receive distributions under the terms of a charitable trust has the
rights of a qualified beneficiary under this chapter if the charitable organization, on the
date of the charitable organization's qualification is being determined: (1) is a distributee
or a permissible distributee of trust income or principal; (2) would be a distributee or permissible
distributee of trust income or principal upon the termination of the interests of other distributees
or permissible distributees then receiving or eligible to receive distributions; or (3) would
be a distributee or permissible distributee of trust income or principal if the trust terminated
on that date. (c) A person appointed to...
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4-3-54
Section 4-3-54 Bonds - Security for payment of principal and interest. In the discretion of
the authority, any bonds may be issued under and secured by an indenture between the authority
and a trustee. Said trustee may be a private person or corporation, including, but not limited
to, any trust company or bank having trust powers, whether such bank or trust company is located
within or without the state. In any such indenture or resolution providing for the issuance
of bonds, the authority may pledge for payment of the principal of and the interest on such
bonds any of its revenues, rents, income or funds to which its right then exists or may thereafter
come into existence and may assign, as security for such payment, any of its leases, franchises,
permits and contracts and, in any such indenture, the authority may mortgage any of its properties,
including any that may be thereafter acquired by it. Any such pledge of revenues shall be
valid and binding from the time it is made, and the...
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23-1-314
Section 23-1-314 Bonds and notes - Payment generally. (a) For the purpose of providing funds
to enable the authority to pay at their respective maturities and due dates the principal
of and interest on the obligations that may be issued by it under this article at any time
after March 1, 2014, there hereby is irrevocably pledged and appropriated so much as shall
be necessary for the purpose of the state's share of net gasoline tax proceeds. (b) In addition,
for the purpose of providing funds to enable the authority to pay at their respective maturities
and due dates the principal of and interest on the obligations that may be issued by it under
this article, there hereby is irrevocably pledged and appropriated each year all federal aid
funds for federal aid projects to be received by the State Department of Transportation from
the United States government to the extent that such funds may be required to pay the principal
of and interest on such obligations. All federal aid funds for...
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11-50A-19
Section 11-50A-19 Pledge of revenues. All or any part of the gross or net revenues derived
from any particular project or projects, whether or not such revenues were produced by a particular
project for which bonds have been issued, and any income and earnings otherwise received by
the authority from whatever source, and any other funds of the authority, may be pledged by
the authority to the payment of the principal of and interest on bonds as may be provided
in any resolution authorizing the issuance of any bonds or in any trust agreement or indenture
pertaining to those bonds. The funds so pledged may include funds received from one or more
or all sources and may be set aside at regular intervals into sinking funds for which provision
may be made in any resolution, trust agreement or indenture pertaining to the bonds. These
sinking funds may be pledged to and charged with the payment of (i) the interest on the bonds
as it shall become due, (ii) the principal of the bonds as they...
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19-3A-105
Section 19-3A-105 Express unitrusts. Except to the extent otherwise provided in the governing
instrument, the following provisions shall apply to a trust which by its governing instrument
requires distribution of a unitrust amount (whether payable in a single sum or in installments),
such trust to be referred to as an "express unitrust": (1) The income and net income
of an express unitrust is the unitrust amount, but only if the unitrust amount is not less
than three percent and not more than five percent of the net fair market value of the trust
assets. If the unitrust amount is more than five percent of the net fair market value of the
trust assets, the income and net income shall be five percent of the net fair market value
of the trust assets, and the excess over five percent shall be considered to be principal
of the trust. (2) Expenses which would be deducted from income if the trust were not an express
unitrust shall not be deducted from the unitrust amount. (3) The trustee,...
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26-1A-201
Section 26-1A-201 Authority that requires specific grant; grant of general authority. (a) An
agent under a power of attorney may do the following on behalf of the principal or with the
principal's property only if the power of attorney expressly grants the agent the authority
and exercise of the authority is not otherwise prohibited by another agreement or instrument
to which the authority or property is subject: (1) create, amend, revoke, or terminate an
inter vivos trust; (2) [reserved]; (3) create or change rights of survivorship; (4) create
or change a beneficiary designation; (5) delegate authority granted under the power of attorney;
(6) waive the principal's right to be a beneficiary of a joint and survivor annuity, including
a survivor benefit under a retirement plan; or (7) exercise fiduciary powers that the principal
has authority to delegate. (b) Notwithstanding a grant of authority to do an act described
in subsection (a), unless the power of attorney otherwise expressly...
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26-9-2
Section 26-9-2 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) PERSON. A partnership, corporation, or an association. (2) ADMINISTRATION. The United
States Veterans' Administration or its successor. (3) ESTATE and INCOME. Such terms include
only moneys received by the guardian from the Veterans' Administration and all earnings, interest,
and profits derived therefrom. (4) BENEFITS. All moneys payable by the United States through
the Veterans' Administration. (5) ADMINISTRATOR. The Administrator of Veterans' Affairs of
the United States Veterans' Administration. (6) WARD. A beneficiary of the administration.
(7) GUARDIAN. Any person acting as a fiduciary for a ward and includes a conservator appointed
under Alabama Uniform Guardianship and Protective Proceedings Act. (Acts 1931, No. 240, p.
280; Code 1940, T. 21, §160; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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