|
19-3B-901
Section 19-3B-901 Prudent investor rule. (a) Except as otherwise provided in subsection (b),
a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust
to comply with the prudent investor rule set forth in this article. (b) The prudent investor
rule, a default rule, may be expanded, restricted, eliminated, or otherwise altered by the
terms of a trust. A trustee is not liable to a beneficiary to the extent that the trustee
acted in reasonable reliance on the terms of the trust. (Act 2006-216, p. 314, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-901.htm - 861 bytes - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-802.htm - 5K - Match Info - Similar pages
19-3A-104
Section 19-3A-104 Trustee's power to adjust. (a) If the terms of the trust expressly provide
by specific reference to this section, then a trustee may have the power to adjust between
principal and income to the extent the trustee considers necessary if (1) the trustee invests
and manages trust assets as a prudent investor; (2) the terms of the trust describe the amount
that may or must be distributed to a beneficiary by referring to the trust's income, and (3)
the trustee determines, after applying the rules in Section 19-3A-103(a), that the trustee
is unable to comply with Section 19-3A-103(b). (b) In deciding whether and to what extent
to exercise the power conferred by subsection (a), a trustee shall consider all factors relevant
to the trust and its beneficiaries, including, but not limited to: (1) The nature, purpose,
and expected duration of the trust; (2) The intent of the settlor; (3) The identity and circumstances
of the beneficiaries; (4) The needs for liquidity for the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3A-104.htm - 6K - Match Info - Similar pages
19-3B-906
Section 19-3B-906 Language invoking standard of prudent investor rule. The following terms
or comparable language in the terms of a trust, unless otherwise limited or modified, authorizes
any investment or strategy permitted under this chapter: "investments permissible by
law for investment of trust funds," "legal investments," "authorized investments,"
"using the judgment and care under the circumstances then prevailing that persons of
prudence, discretion, and intelligence exercise in the management of their own affairs, not
in regard to speculation but in regard to the permanent disposition of their funds, considering
the probable income as well as the probable safety of their capital," "prudent man
rule," "prudent trustee rule," "prudent person rule," and "prudent
investor rule." (Act 2006-216, p. 314, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-906.htm - 1K - Match Info - Similar pages
45-8A-22.124
Section 45-8A-22.124 Eligible rollover distribution; direct rollover. (a) Rollovers Generally.
(1) Notwithstanding any provision of the plan to the contrary that would otherwise limit a
distributee's election under this section, a distributee may elect, at the time and in the
manner prescribed by the retirement board, to have any portion of an eligible rollover distribution
paid directly to an eligible retirement plan specified by the distributee in a direct rollover.
(2) Definitions. a. Eligible Rollover Distribution. An eligible rollover distribution is any
distribution of all or any portion of the balance to the credit of the distributee, except
that an eligible rollover distribution does not include: 1. Any distribution that is one of
a series of substantially equal periodic payments, not less frequently than annually, made
for the life, or life expectancy, of the distributee or the joint lives, or joint life expectancies,
of the distributee and the distributee's designated...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-8A-22.124.htm - 6K - Match Info - Similar pages
8-6-11
Section 8-6-11 Registration of securities - Exempt transactions. (a) Except as hereinafter
in this section expressly provided, Sections 8-6-3 through 8-6-9 shall not apply to any of
the following transactions: (1) Any isolated nonissuer transaction, whether effected through
a dealer or not; (2) Any nonissuer transaction in an outstanding security by a registered
dealer if: a. The issuer has a class of securities subject to registration under Section 12
of the Securities Exchange Act of 1934 and has been subject to the reporting requirements
of Sections 13 or 15(d) of the Securities Exchange Act of 1934 for not less than 180 days
before the transaction; or has filed and maintained with the commission for not less than
180 days before the transaction information, in such form as the commission, by rule, specifies,
substantially comparable to the information which the issuer would be required to file under
Section 12(b) or Section 12(g) of the Securities Exchange Act of 1934, or the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-6-11.htm - 13K - Match Info - Similar pages
45-37-123.103
Section 45-37-123.103 Death benefits. (a) Preretirement death benefits. A vested member's beneficiary
is entitled to a preretirement joint survivorship pension, as described below. (1) MARRIED
MEMBER. If a married, active member dies, then the beneficiary may elect, on a form provided
by the pension board, to be paid in one of the following forms: a. One Hundred Percent Preretirement
Joint Survivorship Pension. If such member was eligible for a deferred retirement benefit
at the time of the member's death, then the beneficiary may elect to be paid in the form of
a 100 percent preretirement joint survivorship pension, which is a monthly annuity paid during
the beneficiary's lifetime which is equal to the actuarial equivalent of the benefits that
would have been paid to the member if, instead of dying, the member had terminated employment;
or b. Refund. The beneficiary may elect a refund of the member's employee contributions in
accordance with Section 45-37-123.104(4)b. (2) UNMARRIED...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-123.103.htm - 10K - Match Info - Similar pages
19-3B-902
Section 19-3B-902 Standard of care; portfolio strategy; risk and return objectives. (a) A trustee
shall invest and manage trust assets as a prudent investor would, by considering the purposes,
terms, distribution requirements, and other circumstances of the trust. In satisfying this
standard, the trustee shall exercise reasonable care, skill, and caution. (b) A trustee's
investment and management decisions respecting individual assets must be evaluated not in
isolation but in the context of the trust portfolio as a whole and as a part of an overall
investment strategy having risk and return objectives reasonably suited to the trust. (c)
Among circumstances that a trustee may consider in investing and managing trust assets are
such of the following as are relevant to the trust or its beneficiaries: (1) general economic
conditions; (2) the possible effect of inflation or deflation; (3) the expected tax consequences
of investment decisions or strategies; (4) the role that each investment...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-902.htm - 2K - Match Info - Similar pages
19-3B-1002
Section 19-3B-1002 Damages for breach of trust. (a) A trustee who commits a breach of trust
is liable to the beneficiaries affected for: (1) the greater of: (i) the amount required to
restore the value of the trust property and trust distributions to what they would have been
had the breach not occurred; or (ii) the profit the trustee made by reason of the breach;
(2) any measure of damage otherwise provided by law. (b) Except as otherwise provided in this
subsection, if more than one trustee is liable to the beneficiaries for a breach of trust,
a trustee is entitled to contribution from the other trustee or trustees. A trustee is not
entitled to contribution if the trustee was substantially more at fault than another trustee
or if the trustee committed the breach of trust in bad faith or with reckless indifference
to the purposes of the trust or the interests of the beneficiaries. A trustee who received
a benefit from the breach of trust is not entitled to contribution from another...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-1002.htm - 1K - Match Info - Similar pages
19-3B-814
Section 19-3B-814 Discretionary powers; tax savings. (a) Notwithstanding the breadth of discretion
granted to a trustee in the terms of the trust, including the use of such terms as "absolute,"
"sole," or "uncontrolled," the trustee shall exercise a discretionary
power in good faith and in accordance with the terms and purposes of the trust and the interests
of the beneficiaries. (b) Subject to subsection (d), and unless the terms of the trust expressly
indicate that a rule in this subsection does not apply: (1) a person other than a settlor
who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary
distributions to or for the trustee's personal benefit may exercise the power only in accordance
with an ascertainable standard; and (2) a trustee may not exercise a power to make discretionary
distributions to satisfy a legal obligation of support that the trustee personally owes another
person. (c) A power whose exercise is limited or prohibited...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-814.htm - 2K - Match Info - Similar pages
|