10A-10-1.19
Section 10A-10-1.19 Liability of trustee. (a) Subject to the provisions of subsection (b),
a trustee of a real estate investment trust is not personally liable for the obligations of
the real estate investment trust. (b) If a trustee otherwise would be liable, the provisions
of this subsection do not relieve the trustee from any liability to the trust or its security
holders for any act that constitutes: (1) Bad faith. (2) Willful misfeasance. (3) Gross negligence.
(4) Reckless disregard of the trustee's duties. (c)(1) Except as provided in subdivision (2),
the declaration of trust of a real estate investment trust may include any provision expanding
or limiting the liability of its trustees and officers to the trust or its shareholders for
money damages. (2) The declaration of trust of a real estate investment trust may not include
any provision that restricts or limits the liability of its trustees or officers to the trust
or its shareholders: a. To the extent that it is proven that...
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36-36-8
Section 36-36-8 Liability of trustees. (a) A trustee shall not be: (1) personally liable for
any liability, loss, or expense suffered by the trust, unless such liability, loss, or expense
arises out of or results from the willful misconduct or intentional wrongdoing of such trustee;
(2) responsible for the adequacy of the trust to meet and discharge any obligation under the
relevant health care post-employment benefit plan; or (3) required to take action to enforce
the payment of any contribution or appropriation to the trust. (b) The trustees may be indemnified
by the trusts and from funds of the trusts against costs, liabilities, losses, damages, and
expenses, including their attorneys fees, as more fully provided in the respective trust agreements,
unless such cost, liability, loss, damage, or expense arises out of or results from the willful
misconduct or intentional wrongdoing of such trustee. (Act 2007-16, 1st Sp. Sess., p. 25,
§8.)...
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11-50-529
Section 11-50-529 Bonds - Rights and remedies of bondholders. In addition to all other remedies
available under this chapter or by law, any holder of any bonds issued by the corporation,
including the trustee under any mortgage or deed of trust executed as security therefor, shall
have the right, subject to any contractual limitations and to the prior or superior rights
of others: (1) By mandamus or other suit, action or proceeding to enforce his rights against
the corporation and the board and its officers, including the right to require the fixing
and collection of uniform schedules of rates and charges adequate to carry out any agreement
made by the corporation as to, or pledge of, the revenues of the corporation, and to require
the corporation and the board and its officers to carry out any other agreements with the
holders of such bonds and the trustee; (2) By civil action to enjoin any acts or things which
may be unlawful or in violation of the rights of the holders of the bonds...
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23-2-152
Section 23-2-152 Bondholder's and trustee's rights of enforcement; scope of rights. Any holder
of bonds issued under the provisions of this article, or of any of the coupons appertaining
thereto, and the trustee under any trust agreement, except to the extent that the rights herein
given may be restricted by such trust agreement, may, by civil action or proceeding protect
and enforce any and all rights under the laws of this state, or granted hereunder, or under
the trust agreement or the resolution authorizing the issuance of bonds and may enforce and
compel the performance of all duties required by this article or by the trust agreement or
resolution to be performed by the authority or by any officer thereof, including the fixing,
charging and collecting of tolls. (Acts 1980, No. 80-691, p. 1377, §12.)...
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10A-2A-1.52
Section 10A-2A-1.52 Judicial proceedings regarding validity of corporate actions. (a) Upon
application by the corporation, any successor entity to the corporation, a director of the
corporation, any stockholder, beneficial stockholder or unrestricted voting trust beneficial
owner of the corporation, including any stockholder, beneficial stockholder or unrestricted
voting trust beneficial owner as of the date of the defective corporate action ratified under
Section 10A-2A-1.47, or any other person claiming to be substantially and adversely affected
by a ratification under Section 10A-2A-1.47, the designated court, and if none, the circuit
court for the county in which the corporation's principal office is located in this state,
and if none in this state, the circuit court for the county in which the corporation's most
recent registered office, is located, may: (1) determine the validity and effectiveness of
any corporate action or defective corporate action; (2) determine the validity...
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6-6-225
Section 6-6-225 Questions on administration of trust or estate of a decedent, etc. Any person
interested as or through an executor, administrator, trustee, guardian, or other fiduciary,
creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration
of a trust, or of the estate of a decedent, infant, incompetent, or insolvent may have a declaration
of rights or legal relations in respect thereto: (1) To ascertain any class of creditors,
devisees, legatees, heirs, next of kin, or other; (2) To direct the executors, administrators,
or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(3) To determine any question arising in the administration of the estate or trust, including
questions of construction of wills and other writings. (Acts 1935, No. 355, p. 777; Code 1940,
T. 7, §159.)...
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11-50-410
Section 11-50-410 Rights and remedies of bondholders and trustees. In addition to all other
rights and all other remedies, any holder or holders of any bond or bonds of any district
incorporated under this article, including a trustee for a bondholder, shall have the right,
subject to any contractual limitation binding upon such bondholder or holders or trustee and
subject to the prior or superior rights of others: (1) To bring an action on the bonds; (2)
To enforce its rights against the district and the board of directors, by mandamus or other
civil action or proceeding, including the right to require the district and such board to
fix and collect rates and charges adequate to carry out any agreement as to or pledge of the
revenues produced by such rates or charges and to require such district and such board to
carry out the other covenants and agreements with such bondholder and to perform its and their
duties under this article and under any mortgage, indenture of trust or...
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11-50-349
Section 11-50-349 Remedies of bondholders and trustees. Any holder of revenue bonds issued
under the provisions of this article or of any of the coupons appertaining thereto and the
trustee under any trust agreement, except to the extent the rights given by this section may
be restricted by the resolution authorizing the issuance of such bonds or such trust agreement,
may, either by civil action, mandamus, or other proceeding, protect and enforce any and all
rights under the laws of the state or granted under this section or under such resolution
or trust agreement, and may enforce and compel the performance of all duties required by this
article or by such resolution or trust agreement to be performed by the board or by any officer
thereof including the fixing, charging, and collecting of rates, fees, and charges for the
use of or for the services and facilities furnished by the water system or sewer system. (Acts
1951, No. 775, p. 1359, §13.)...
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22-30E-10
Section 22-30E-10 Limitation of liability provisions. (a) The Legislature declares that, in
order to achieve the economic redevelopment and site rehabilitation of contaminated properties
in accordance with this chapter, it is imperative to encourage financing of real property
transactions involving qualifying property. Accordingly, a lender, including one serving as
a trustee, personal representative, or in any other fiduciary capacity in connection with
a loan, and a lender holding evidence of ownership of a qualifying property primarily to protect
a security interest, or as a result of foreclosure or a deed in lieu of foreclosure of a security
interest, is entitled to the liability protection established in subsection (a) of Section
22-30E-9 if the lender meets each of the following requirements: (1) The lender has not caused
or contributed to a release of a contaminant at the qualified property. (2) The lender seeks
to sell, transfer, or otherwise divest the qualifying property at...
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45-49-82
Section 45-49-82 Additional court costs - All cases docketed in circuit court. (a) In each
civil action at law, suits in equity, criminal case, or any other proceeding which has originated
or may hereafter originate in the Circuit Court of the Thirteenth Judicial Circuit, there
shall be taxed as costs the sum of two dollars ($2) which shall be in addition to all other
court costs. (b) All additional costs as provided herein shall be collected by the clerk or
register in the same manner as other court costs are collected by the clerk or register, and
shall be paid into the county treasury and deposited and kept in a special fund to be known
as the Court Administration Fund. The fund shall be expended by the Presiding Judge of the
Thirteenth Judicial Circuit to promote the administration of justice in the circuit. (c) The
Presiding Judge of the Thirteenth Judicial Circuit is authorized to requisition expenditures
from the Court Administration Fund for the more effective administration of...
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