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19-3A-413
Section 19-3A-413 Property not productive of income. (a) If a marital deduction is allowed
for all or part of a trust whose assets consist substantially of property that does not provide
the spouse with sufficient income from or use of the trust assets, and if the amounts that
the fiduciary transfers from principal to income pursuant to Section 19-3A-104, if applicable,
and distributes to the spouse from principal pursuant to the terms of the trust are insufficient
to provide the spouse with the beneficial enjoyment required to obtain the marital deduction,
then the spouse may require the fiduciary (1) to make property productive of income, (2) to
convert property within a reasonable time or (3) to exercise the power conferred by Section
19-3A-104(a), if applicable. The fiduciary may decide which action or combination of actions
to take. (b) In cases not governed by subsection (a), a fiduciary shall allocate to principal
the proceeds from the sale or other disposition of an asset...
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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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41-10-28
Section 41-10-28 Execution of bonds and interest coupons; form, terms, denominations, etc.,
of bonds; sale; refunding bonds; liability upon bonds; pledges of certain funds as security
for payment of principal and interest on bonds generally; bonds to be deemed negotiable instruments;
bonds and income therefrom exempt from taxation; use of bonds as security for deposits of
funds of state, etc.; investment of certain state funds and private trust funds in bonds;
public hearing or consent of Department of Finance, etc., not a prerequisite to issuance of
bonds. The bonds of the authority shall be signed by its president and attested by its secretary,
and the seal of the authority shall be affixed thereto, and any interest coupons applicable
to such bonds shall be signed by the president; provided, that a facsimile of the signature
of one, but not both, of said officers may be printed or otherwise reproduced on any such
bonds in lieu of being manually subscribed thereon, a facsimile of the...
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26-1A-102
Section 26-1A-102 Definitions. In this chapter: (1) "Agent" means a person granted
authority to act for a principal under a power of attorney, whether denominated an agent,
attorney-in-fact, or otherwise. The term includes an original agent, co-agent, successor agent,
and a person to which an agent's authority is delegated. (2) "Durable," with respect
to a power of attorney, means not terminated by the principal's incapacity. (3) "Electronic"
means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic,
or similar capabilities. (4) "Good faith" means honesty in fact. (5) "Incapacity"
means inability of an individual to manage property or business affairs because the individual:
(A) has an impairment in the ability to receive and evaluate information or make or communicate
decisions even with the use of technological assistance; or (B) is: (i) missing; (ii) detained,
including incarcerated in a penal system; or (iii) outside the United States and...
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16-16-9
Section 16-16-9 Execution, form, terms and conditions of bonds; sale; refunding bonds; bonds
to be limited obligations; security for payment; bonds as negotiable instruments; exemption
from taxation; bonds as security for deposits and for investment of fiduciary funds. (a) The
bonds of the authority shall be signed by its president and attested by its secretary, and
the seal of the authority shall be affixed thereto, and any interest coupons applicable to
such bonds shall be signed by the president; provided, that a facsimile of the signature of
one, but not both, of the said officers may be printed or otherwise reproduced on any such
bonds in lieu of his manually signing the same, a facsimile of the seal of the authority may
be printed or otherwise reproduced on any such bonds in lieu of being manually affixed thereto
and a facsimile of the president's signature may be printed or otherwise reproduced on any
such interest coupons in lieu of his manually signing the same. (b) Any bonds...
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41-10-754
Section 41-10-754 Powers of the authority. The authority shall have, in addition to all other
powers granted to it in this article, all of the following powers: (1) To have succession
by its corporate name until dissolved as herein provided. (2) To institute and defend legal
proceedings in any court of competent jurisdiction and proper venue; provided, however, that
the authority may not be sued in any nisi prius court other than the courts of the county
in which is located the principal office of the authority; and provided further that the officers,
directors, agents, and employees of the authority may not be sued for actions on behalf of
the authority in any nisi prius court other than the courts of the county in which is located
the principal office of the authority. (3) To have and to use a corporate seal and to alter
the seal at pleasure. (4) To establish a fiscal year. (5) To adopt, and from time to time,
amend and repeal, bylaws, rules, and regulations not inconsistent with...
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16-16A-7
Section 16-16A-7 Additional findings; bonds authorized; procedures. (a) The Legislature finds
that the number of students attending the several school systems located in those areas of
North Alabama that will be directly impacted by the 2005 BRAC and Subsequent BRAC Actions
will collectively increase by an estimated 9,000 students. As a result, there will be a need
for the construction of additional school facilities as well as the renovation of existing
school facilities. The Legislature also finds that the 2005 BRAC and Subsequent BRAC Actions
will have a positive impact on future receipts to the Education Trust Fund, as the significant
population growth in North Alabama will increase sales, income, and other tax collections.
Thus, it is an efficient use of state funds to allow such revenue growth to help pay for capital
improvement costs associated with BRAC-related school construction. (b) The Alabama Public
School and College Authority is hereby authorized to sell and issue its...
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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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41-10-44.6
Section 41-10-44.6 Project obligations generally. (a) Issuance of project obligations. The
authority is authorized and empowered to issue its project obligations from time to time for
the purpose of financing one or more projects in such aggregate principal amount as the board
of directors shall determine to be necessary to provide for all or a portion of the project
costs of the project or projects being financed and to pay the expenses of issuing the project
obligations. (b) Source of payment. All project obligations issued by the authority shall
be limited obligations of the authority payable solely from any combination of the following:
(1) The revenues and receipts of the authority derived from the financing agreement or agreements
entered into by the authority with respect to the project or projects financed by such project
obligations; (2) the income or proceeds realized by the authority under any mortgage or other
security granted to the authority; (3) amounts derived from any...
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37-13-7
Section 37-13-7 Powers of authority generally. Each authority shall have the following powers,
together with all powers incidental thereto or necessary to the discharge thereof in corporate
form; (1) To have succession by its corporate name for the duration of time (which may be
in perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its
own name in civil suit and actions; (3) To adopt and make use of a corporate seal and to alter
the same at pleasure; (4) To adopt and alter bylaws for the regulation and conduct of its
affairs and business; (5) To acquire, receive, take and hold, whether by purchase, gift, lease,
devise, or otherwise, property of every description, whether real, personal or mixed, whether
in one or more counties and whether within or without the boundaries or corporate limits (as
the case may be) of any authorizing subdivision, and to manage said property, and to develop
any undeveloped property owned, leased or controlled by it in a...
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