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19-3D-7
Section 19-3D-7 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. NOTICE; EXERCISE OF
DECANTING POWER. (a) In this section, a notice period begins on the day notice is given under
subsection (c) and ends 59 days after the day notice is given. (b) Except as otherwise provided
in this chapter, an authorized fiduciary may exercise the decanting power without the consent
of any person and without court approval. (c) Except as otherwise provided in subsection (f),
an authorized fiduciary shall not exercise the decanting power prior to 60 days after giving
record notice of the intended exercise of the decanting power to: (1) each settlor of the
first trust, if living or then in existence; (2) each qualified beneficiary of the first trust;
(3) each holder of a presently exercisable power of appointment over any part or all of the
first trust; (4) each person that currently has the right to...
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26-2-3
Section 26-2-3 Transfer to circuit court; remand to probate court. (a) In any county where
the judge of probate is required to be learned in the law, the administration or conduct of
any guardianship or conservatorship of a minor or incapacitated person may be removed from
the probate court to the circuit court pursuant to Section 26-2-2 at any time before a proceeding
for final settlement thereof is commenced in probate court by the guardian or conservator
of the guardianship or conservatorship or guardian ad litem or next friend of a ward or anyone
entitled to support out of the estate of the ward without assigning any special equity. The
circuit court shall remand the administration of a guardianship or conservatorship transferred
pursuant to this section to the probate court if the circuit court finds that the removal
was sought for the purpose of improper delay or did not comply with applicable law. The circuit
court may remand the administration of a guardianship or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2-3.htm - 2K - Match Info - Similar pages
38-9-5
Section 38-9-5 Emergency protective services. When there is brought to the attention of a county
department of human resources a person who is unable, because of physical or mental disabilities,
to provide for his basic needs for shelter, food, clothing or health care, and whose health
or safety is in immediate danger, the department may arrange for protective services with
the consent of the person. If the person is incapable of giving consent or does not consent,
the department shall petition the court for an order authorizing the department to arrange
for care for such person immediately. Upon a determination by the court that such care is
urgently and immediately necessary to protect the health or safety of the person, an appropriate
order of the court shall be issued authorizing the department to arrange for the placement
of such person in an approved foster home, licensed nursing home or other similar facility
immediately. At the proceeding to obtain the necessary order, any...
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10A-1-2.16
Section 10A-1-2.16 Certificated indebtedness; manner of issuance; signature and seal. (a) Except
as otherwise provided by the governing documents of the domestic entity, this title, or other
law, on the issuance by a domestic entity of a bond, debenture, or other evidence of indebtedness
in certificated form, the seal of the entity, if the entity has adopted a seal, may be a facsimile
that may be engraved or printed on the certificate. (b) Except as otherwise provided by the
governing documents of the domestic entity, this title, or other law, if a security described
by subsection (a) is authenticated with the manual signature of an authorized officer of the
domestic entity or an authorized officer or representative, to the extent permitted by law,
of a transfer agent or trustee appointed or named by an indenture of trust or other agreement
under which the security is issued, the signature of any officer of the domestic entity may
be a facsimile signature. (c) A security described by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-1-2.16.htm - 1K - Match Info - Similar pages
11-61A-15
Section 11-61A-15 Issuance of bonds. (a) The authority may issue bonds under and secured by
an indenture between the authority and a trustee. The trustee may be a private person or corporation,
including, but not limited to, any trust company or bank having trust powers, whether the
bank or trust company is located within or without the state. (b) In any indenture or resolution
providing for the issuance of bonds, the authority may pledge, for payment of the principal
of and the interest on the bonds, any of its revenues to which its right then exists or may
subsequently come into existence and may assign, as security for the payment, any of its leases,
franchises, permits, and contracts. In any such indenture the authority may mortgage any of
its properties, including any properties subsequently acquired by it. Any pledge of revenues
shall be valid and binding from the time it is made, and the revenues pledged and subsequently
received by the authority, and any property of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-61A-15.htm - 4K - Match Info - Similar pages
19-3B-409
Section 19-3B-409 Noncharitable trust without ascertainable beneficiary. Except as otherwise
provided in Section 19-3B-408 or by another statute, the following rules apply: (1) A trust
may be created for a noncharitable purpose without a definite or definitely ascertainable
beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee.
The trust may not be enforced for more than 21 years. (2) A trust authorized by this section
may be enforced by a person appointed in the terms of the trust or, if no person is so appointed,
by a person appointed by the court. (3) Property of a trust authorized by this section may
be applied only to its intended use, except to the extent the court determines that the value
of the trust property exceeds the amount required for the intended use. Except as otherwise
provided in the terms of the trust, property not required for the intended use must be distributed
to the settlor, if then living, otherwise to the settlor's...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-409.htm - 1K - Match Info - Similar pages
26-2A-78
Section 26-2A-78 Powers and duties of guardian of minor. (a) A guardian of a minor ward has
the powers and responsibilities of a parent regarding the ward's health, support, education,
or maintenance, but a guardian is not personally liable for the ward's expenses and is not
liable to third persons by reason of the relationship for acts of the ward. (b) In particular
and without qualifying the foregoing, a guardian shall: (1) Become or remain personally acquainted
with the ward and maintain sufficient contact with the ward to know of the ward's capacities,
limitations, needs, opportunities, and physical and mental health; (2) Take reasonable care
of the ward's personal effects and commence protective proceedings if necessary to protect
other property of the ward; (3) Apply any available money of the ward to the ward's current
needs for health, support, education, or maintenance; (4) Conserve any excess money of the
ward for the ward's future needs, but if a conservator has been...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-78.htm - 4K - Match Info - Similar pages
37-13-13
Section 37-13-13 Bonds of authority - Security. 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
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 revenues so pledged and thereafter received...
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4-3-17
Section 4-3-17 Security for bonds. 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 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 revenues so pledged and thereafter received by the authority...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/4-3-17.htm - 4K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/4-3-54.htm - 4K - Match Info - Similar pages
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