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19-3B-1011
Section 19-3B-1011 Interest as general partner. (a) Except as otherwise provided in subsection
(c) or unless personal liability is imposed in the contract, a trustee who holds an interest
as a general partner in a general or limited partnership is not personally liable on a contract
entered into by the partnership after the trust's acquisition of the interest if the fiduciary
capacity was disclosed in the contract or in a statement previously filed pursuant to Chapter
8A or Chapter 9B of Title 10. (b) Except as otherwise provided in subsection (c), a trustee
who holds an interest as a general partner is not personally liable for torts committed by
the partnership or for obligations arising from ownership or control of the interest unless
the trustee is personally at fault. (c) The immunity provided by this section does not apply
if an interest in the partnership is held by the trustee in a capacity other than that of
trustee or is held by the trustee's spouse or one or more of the...
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36-15-4.2
Section 36-15-4.2 Attorney General's Litigation Support Fund. (a) There is established in the
State Treasury a special fund to be known as the Attorney General's Litigation Support Fund.
(b) The fund shall consist of any and all monies designated by a court order as reasonable
attorney fees and related expenses or negotiated fees and related expenses for matters settled
out of court, and penalties paid in certain cases received by the Attorney General pursuant
to this section as a result of any fees, fines, restitution, forfeitures, penalties, costs,
interest, or judgments collected pursuant to any civil litigation, or any administrative proceedings,
or in settlement of any claim asserted by or against the people of Alabama, the State of Alabama,
or any of its departments, agencies, institutions, officers, employees, or political subdivisions
thereof. Notwithstanding the foregoing, the fees, fines, restitution, forfeitures, penalties,
costs, interest, or judgements shall not be...
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13A-9-70
Section 13A-9-70 Definitions. The following words and phrases as used in this article shall
have the following meanings unless a different meaning is required by the context: (1) CHARITABLE
ORGANIZATION. Any benevolent, philanthropic, or patriotic person, or one purporting to be
such, consistent with the then-controlling definition provided in the Internal Revenue Code
of the United States of America, which solicits and collects funds for charitable purposes
and includes each local, county, or area division within this state of the charitable organization;
provided the local, county, or area division has authority and discretion to disburse funds
or property otherwise than by transfer to any parent organization. (2) CHARITABLE PURPOSE.
Any charitable, benevolent, philanthropic, or patriotic purpose which is consistent with the
then-controlling definition provided in the Internal Revenue Code of the United States of
America. (3) CIVIL RIGHTS ORGANIZATION. Any charitable organization...
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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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10A-20-8.03
Section 10A-20-8.03 Withdrawal from parent organization and use of fraternal property free
from trust clause. (a) The majority group of any local organization may withdraw from the
parent organization and, upon withdrawal, shall be permitted to devote the fraternal property
to the uses originally intended free of the influence of the trust clause; provided, that
the facts upon which the right of withdrawal is conditioned under this section shall be judicially
determined to exist in and by a judicial proceeding as provided for in this article. (b) While
this article is not intended to control any rules, fraternal, educational, social, or other
formula or practice of the parent organization, one of its purposes is to afford an effective
remedy and procedure for the preservation and protection of trust, charitable, educational,
or fraternal property from impairment or loss thereof when the intended trust use thereof
is threatened as a proximate result of subsequent action by the parent...
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19-5-6
Section 19-5-6 Division of qualified terminable interest property trust into separate share
trusts to effectuate allocation of grantor's, decedent's, or surviving spouse's GST exemption;
payment of estate taxes. When a grantor or decedent transfers property into a trust for which
an election is made or to be made pursuant to Section 2056(b)(7) or 2523(f) of the Internal
Revenue Code to treat such property as qualified terminable interest property (the "QTIP
trust"), and when a grantor or fiduciary makes an election pursuant to Section 2652(a)(3)
of the Internal Revenue Code to have the grantor or decedent creating such QTIP trust deemed
to be the transferor of a portion, but not all, of such QTIP trust for GST purposes, and when
a grantor or fiduciary makes an allocation pursuant to Section 2631 of the Internal Revenue
Code of any portion of such grantor's or decedent's GST exemption to such portion of the QTIP
trust for which a Section 2652(a)(3) election is made or to be made, or to...
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36-15-15
Section 36-15-15 Attorney General may advise or direct district attorney. The Attorney General
shall give the district attorneys of the several circuits any opinion, instruction or advice
necessary or proper to aid them in the proper discharge of their duties, either by circular
or personal letter, and may direct any district attorney to aid and assist in the investigation
or prosecution of any case in which the state is interested, in any other circuit than that
of the district attorney so directed. Such district attorney shall have and exercise in such
other circuit all the powers and authority imposed by law upon the district attorney of such
other circuit, but this section shall not abridge any authority which may have been or which
may be vested in the Chief Justice of the Supreme Court, nor shall the Attorney General, or
any assistant of the Attorney General, or other person at the instance or request of the Attorney
General, be authorized to appear or in any way act in the name...
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36-15-22
Section 36-15-22 Attorney General to designate certain Merit System positions. (a) Notwithstanding
any other laws, in addition to the existing Merit System positions in the office of the Attorney
General, no later than 30 days after January 15, 1996, the Attorney General shall designate
certain positions in his or her office as state Merit System positions and the individuals
holding the positions on the date of designation, not to exceed 15 positions, shall become
state Merit System employees on such date if he or she meets the minimum requirements for
the position. The State Personnel Department shall determine the appropriate classification
for each aforementioned employee. The classifications shall reflect a classification and pay
that would result in his or her compensation being the same or higher than his or her current
compensation. Each of these individuals shall have conferred upon them all the rights and
benefits of any other member of the classified service in the state...
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37-1-16
Section 37-1-16 Assignment of Assistant Attorney General to represent consumers and state in
proceedings before commission; powers and duties of Attorney General in connection with public
utility services generally; commission to furnish copies of applications, pleadings, etc.,
filed with it to Attorney General. (a) In addition to such staff assistants and investigators
as are provided for in Sections 37-1-12.1 and 37-1-12.2, the Attorney General shall assign
an Assistant Attorney General and such staff attorneys as may be necessary to the handling
of matters and proceedings before the commission, who shall be under the direction of the
Attorney General. Such Assistant Attorney General shall be assigned the duty and responsibility,
when the Attorney General deems it to be advisable in the public interest, of intervening
in proceedings before the commission on behalf of the using and consuming public, including
utility users generally and agencies of the state, such appearances...
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10A-20-10.01
Section 10A-20-10.01 Restrictions; powers of courts and Attorney General not impaired. (a)
Notwithstanding any provision to the contrary in the certificate of formation, other governing
instrument, or under any other law of this state, and except as otherwise provided by court
order, or by a provision in the certificate of formation or other governing instrument, which
in either case is entered or made after August 11, 1971, and expressly limits the applicability
of this section, a corporation which is, or is treated as, a private foundation, as defined
in Section 509 of the Internal Revenue Code of 1986, as amended, during the period it is,
or is treated as, a private foundation: (1) Shall not engage in any act of self-dealing as
defined in Section 4941 (d) thereof; (2) Shall distribute, for the purposes specified in its
certificate of formation, for each taxable year not less than the amounts at the time and
in the manner as not to become subject to the tax on undistributed income...
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