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11-50A-8
Section 11-50A-8 Powers of the authority. In addition to other powers granted the authority
by this chapter, it shall have all powers consistent with the purposes of the authority as
set forth in Section 11-50A-3, which are necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including, but without limiting the generality
of the foregoing, the following enumerated powers, which shall be exercised by the authority
consistently with the provisions of Section 11-50A-3: (1) To sue and be sued and to prosecute
and defend in any court having jurisdiction of the subject matter and of the parties thereto;
(2) To adopt and alter a corporate seal; (3) To make and alter at pleasure all needful bylaws,
rules, and regulations for the transaction of its business and the control of its property
and affairs; (4) To have the same right of eminent domain through condemnation conferred by
Section 10-5-1, or any subsequent statute of similar import; provided...
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32-8-87
Section 32-8-87 Dismantling, destroying, changing identity of vehicle; certificate requirements;
insurance claims; "total loss"; removal of identification numbers, plates, etc.;
transfer of salvage vehicles; inspections; "component parts"; rebuilt vehicles;
flood vehicles; online verifications. (a) Each owner of a motor vehicle and each person mentioned
as owner in the last certificate of title who scraps, dismantles, destroys, or changes the
motor vehicle in such a manner that it is not the same motor vehicle described in the certificate
of origin or certificate of title shall as soon as practicable cause the certificate of origin
or certificate of title, if any, and any other documents or information required by the department
to be mailed or delivered to the department for processing. The department shall, with the
consent of any holder of liens noted on the surrendered certificate, enter a cancellation
upon its records. Upon cancellation of a certificate of origin or certificate of...
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41-8-21
Section 41-8-21 Enactment of compact; form. The Interstate Library Compact is hereby enacted
into law and entered into by this state with all states legally joining therein in the form
substantially as follows: INTERSTATE LIBRARY COMPACT. Article I. Policy and Purpose. Because
the desire for the services provided by libraries transcends governmental boundaries and can
most effectively be satisfied by giving such services to communities and people regardless
of jurisdictional lines, it is the policy of the states party to this compact to cooperate
and share their responsibilities; to authorize cooperation and sharing with respect to those
types of library facilities and services which can be more economically or efficiently developed
and maintained on a cooperative basis and to authorize cooperation and sharing among localities,
states and others in providing joint or cooperative library services in areas where the distribution
of population or of existing and potential library...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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19-3-301
Section 19-3-301 Power to amend trust instrument. (a) The trustee of a trust, whenever created,
which is or is treated as a private foundation as defined in Section 509 of the Internal Revenue
Code of 1954, a charitable trust as defined in Section 4947(a)(1) of the Internal Revenue
Code of 1954, or a split-interest trust as defined in Section 4947(a)(2) of the Internal Revenue
Code of 1954, may amend the terms of the governing instrument to the extent necessary to bring
the trust into conformity with the requirements for: (1) Termination of private foundation
status in the manner described in Section 507(b) thereof; (2) Exemption of the trust from
the taxes imposed by Sections 4941 to 4945, inclusive, thereof; or (3) Exclusion of the trust
from private foundation status under Section 509(a)(3) thereof, and for this latter purpose
may release, extinguish or renounce any power contained in the governing instrument, may reduce
or limit the charitable organizations or classes of charitable...
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19-3B-808
Section 19-3B-808 Powers to direct. (a) While a trust is revocable, the trustee may follow
a direction of the settlor that is contrary to the terms of the trust. (b) If the terms of
a trust confer upon a person other than the settlor of a revocable trust power to direct certain
actions of the trustee, then the trustee shall act in accordance with an exercise of the power
unless the attempted exercise is manifestly contrary to the terms of the trust or the trustee
knows the attempted exercise would constitute a serious breach of a fiduciary duty that the
person holding the power owes to the beneficiaries of the trust. (c) The terms of a trust
may confer upon a trustee or other person a power to direct the modification or termination
of the trust. (d) A person, other than a beneficiary, who holds a power to direct is presumptively
a fiduciary who, as such, is required to act in good faith with regard to the purposes of
the trust and the interests of the beneficiaries. The holder of a...
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19-3D-18
Section 19-3D-18 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. REMOVAL OR REPLACEMENT
OF AUTHORIZED FIDUCIARY. An authorized fiduciary may not exercise the decanting power to modify
a provision in a first-trust instrument granting another person power to remove or replace
the fiduciary unless: (1) the person holding the power consents to the modification in a signed
record and the modification applies only to the person; (2) the person holding the power and
the qualified beneficiaries of the second trust consent to the modification in a signed record
and the modification grants a substantially similar power to another person; or (3) the court
approves the modification and the modification grants a substantially similar power to another
person. (Act 2018-519, ยง18.)...
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26-1A-120
Section 26-1A-120 Liability for refusal to accept acknowledged power of attorney. (a) Except
as otherwise provided in subsection (b): (1) a person shall either effect a requested transaction
in reliance upon an acknowledged power of attorney or request a certification, a translation,
or an opinion of counsel under Section 26-1A-119(d) within a reasonable time after presentation
of the power of attorney and a request to effect the transaction; (2) if a person requests
a certification, a translation, or an opinion of counsel under Section 26-1A-119(d), the person
shall effect the transaction in reliance upon the power of attorney within a reasonable time
after receipt of the certification, translation, or opinion of counsel; and (3) a person may
not require an additional or different form of power of attorney for authority granted in
the power of attorney presented. (b) A person is not required to effect a transaction in reliance
upon an acknowledged power of attorney: (1) if the person...
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19-1A-12
Section 19-1A-12 (Effective January 1, 2018) Disclosure of contents of electronic communications
held in trust when trustee not original user. Unless otherwise ordered by the court, directed
by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an
original user of an account the content of an electronic communication sent or received by
an original or successor user and carried, maintained, processed, received, or stored by the
custodian in the account of the trust if the trustee gives the custodian: (1) a written request
for disclosure in physical or electronic form; (2) a copy of the trust instrument or a certification
of the trust under Section 19-3B-1013, which includes consent to disclosure of the content
of electronic communications to the trustee; (3) a certification by the trustee, under penalty
of perjury, that the trust exists and the trustee is a currently acting trustee of the trust;
and (4) if requested by the custodian: (A) a number,...
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19-3B-802
Section 19-3B-802 Duty of loyalty. (a) A trustee shall administer the trust solely in the interests
of the beneficiaries. (b) Subject to the rights of persons dealing with or assisting the trustee
as provided in Section 19-3B-1012, a sale, encumbrance, or other transaction involving the
investment or management of trust property entered into by the trustee for the trustee's own
personal account or which is otherwise affected by a conflict between the trustee's fiduciary
and personal interests is voidable by a beneficiary affected by the transaction unless: (1)
the transaction was authorized by the terms of the trust; (2) the transaction was approved
by the court; (3) the beneficiary did not commence a judicial proceeding within the time allowed
by Section 19-3B-1005; (4) the beneficiary consented to the trustee's conduct, ratified the
transaction, or released the trustee in compliance with Section 19-3B-1009; or (5) the transaction
involves a contract entered into or claim acquired by...
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