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8-8-5
Section 8-8-5 Maximum rates of interest - Loans, credit sales, etc., of $2,000 or more to individuals,
corporations, trusts, partnerships, or associations. (a) Any person or persons, corporations,
trust, general partnership or partnerships, limited partnership or partnerships, or association
may agree to pay such rate or rates of interest for the loan or forbearance of money and for
any credit sales as such person, corporation, trust, general partnership, limited partnership,
or association may determine, notwithstanding any law of this state otherwise prescribing
or limiting such rate or rates of interest; provided, that the original principal balance
of the loan or forbearance of money or credit sales is not less than $2,000; provided further,
that all laws relating to unconscionability in consumer transactions including but not limited
to the provisions of Chapter 19 of Title 5, known as the Mini-Code, shall apply to transactions
covered by this section. (b) As to any such loan or...
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19-3B-413
Section 19-3B-413 Cy pres. (a) Except as otherwise provided in subsection (b), if a particular
charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful: (1)
the trust does not fail, in whole or in part; (2) the trust property does not revert to the
settlor or the settlor's successors in interest; and (3) the court may apply cy pres to modify
or terminate the trust by directing that the trust property be applied or distributed, in
whole or in part, in a manner consistent with the settlor's charitable purposes. (b) A provision
in the terms of a charitable trust that would result in distribution of the trust property
to a noncharitable beneficiary prevails over the power of the court under subsection (a) to
apply cy pres to modify or terminate the trust only if, when the provision takes effect: (1)
the trust property is to revert to the settlor and the settlor is still living; or (2) fewer
than 21 years have elapsed since the date of the trust's creation....
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36-15-6
Section 36-15-6 Appointment or employment of assistant attorneys general, investigators, and
other employees. (a) Subject to the Merit System, the Attorney General may appoint as many
assistant attorneys general and other employees as the public interest requires by reason
of the volume of work in his or her office. (b) Subject to the Merit System, the Attorney
General may employ as many investigators in his or her office as may be necessary to perform
investigatory functions for the office. (c) Investigators appointed pursuant to this section
shall have all the powers vested in deputy sheriffs and all other law enforcement officers
of the State of Alabama, including, but not limited to, the powers of arrest and the power
to serve any and all process, and shall perform the duties, responsibilities, and functions
as may be designated by the Attorney General. (d) No person shall serve as an investigator
who has not met the minimum standards established for law enforcement officers by the...
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12-19-72
Section 12-19-72 Circuit and district court filing fee - Distribution. The filing fees collected
in civil cases shall be distributed as follows: (1) For cases filed on the small claims docket
of the district court in which the matter in controversy, exclusive of interest, costs, and
attorney fees, totals one thousand five hundred dollars ($1,500) or less, seventeen dollars
($17) to the Fair Trial Tax Fund; thirteen dollars ($13) to the State General Fund; and five
dollars ($5) to the county general fund. (2) For cases on the small claims docket of the district
court in which the matter in controversy, exclusive of interest, costs, and attorney fees,
exceeds one thousand five hundred dollars ($1,500) but does not exceed three thousand dollars
($3,000), twenty-one dollars ($21) to the Fair Trial Tax Fund; seventy-five dollars ($75)
to the State General Fund; five dollars ($5) to the Advanced Technology and Data Exchange
Fund; and eight dollars ($8) to the county general fund. (3) For...
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19-3B-813
Section 19-3B-813 Duty to inform and report. (a) Except as otherwise provided in Section 19-3B-603,
the following rules apply: (1) A trustee shall keep the current permissible distributees of
income or principal of the trust reasonably informed about the administration of the trust
and of the material facts necessary for them to protect their interests. (2) Unless unreasonable
under the circumstances, a trustee shall promptly respond to a qualified beneficiary's request
for information related to the administration of the trust. (b) A trustee: (1) upon request
of a beneficiary, shall promptly furnish to the beneficiary a copy of the trust instrument;
(2) within 60 days after accepting a trusteeship, shall notify the qualified beneficiaries
of the acceptance and of the trustee's name, address, and telephone number; (3) within 60
days after accepting the trusteeship of an irrevocable trust, or the date the trustee acquires
knowledge that a formerly revocable trust has become irrevocable,...
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19-3D-13
Section 19-3D-13 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. TRUST FOR BENEFICIARY
WITH DISABILITY. (a) In this section the following terms have the following meanings: (1)
BENEFICIARY WITH A DISABILITY. A beneficiary of a first trust who the authorized fiduciary
believes may qualify for governmental benefits based on disability, whether or not the beneficiary
currently receives those benefits or is an individual who has been adjudicated incompetent
or incapacitated. (2) GOVERNMENTAL BENEFITS. Financial aid or services from a state, federal,
or other public agency. (3) SPECIAL-NEEDS FIDUCIARY. With respect to a trust that has a beneficiary
with a disability: (A) a trustee or other fiduciary, other than a settlor, that has discretion
to distribute part or all of the principal of a first trust to one or more current beneficiaries;
(B) if no trustee or fiduciary has discretion under...
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19-3D-3
Section 19-3D-3 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. SCOPE. (a) Except as
otherwise provided in subsections (b) and (c), this chapter applies to an express trust that
is irrevocable, or revocable by the settlor only with the consent of the trustee or a person
holding an adverse interest. (b) This chapter does not apply to a trust held solely for charitable
purposes. (c) Subject to Section 19-3D-15, a trust instrument may restrict or prohibit exercise
of the decanting power. (d) This chapter does not limit the power of a trustee, powerholder,
or other person to distribute or appoint property in further trust or to modify a trust under
the trust instrument, laws of this state other than this chapter, common law, a court order,
or a nonjudicial settlement agreement. (e) This chapter does not affect the ability of a settlor
to provide in a trust instrument for the distribution...
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19-3D-23
Section 19-3D-23 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. TRUST FOR CARE OF ANIMAL.
(a) In this section the following terms have the following meanings: (1) ANIMAL TRUST. A trust
or an interest in a trust created to provide for the care of one or more animals. (2) PROTECTOR.
A person appointed in an animal trust to enforce the trust on behalf of the animal or, if
no such person is appointed in the trust, a person appointed by the court for that purpose.
(b) The decanting power may be exercised over an animal trust that has a protector to the
extent the trust could be decanted under this chapter if each animal that benefits from the
trust were an individual, if the protector consents in a signed record to the exercise of
the power. (c) A protector for an animal has the rights under this chapter of a qualified
beneficiary. (d) Notwithstanding any other provision of this chapter,...
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10A-20-8.02
Section 10A-20-8.02 Right of majority group of local organization in fraternal property. The
right and equity are hereby recognized and declared on behalf of the majority group of any
local organization owning title to or an interest in fraternal property to preserve and protect
the same from impairment or loss, to prevent fraternal property held subject to the trust
clause from being converted to or used for an unintended or different use or purpose due to
a change of social policies of the parent organization, and to be relieved of a material miscarriage
of intent or understanding, failure of or departure from the intent or understanding of the
local organization, or the majority group thereof, with respect to its use of the fraternal
property or the conduct of its traditional social practices due to a change of social policies
of the parent organization or of any one or more of its affiliated organizations. (Acts 1961,
Ex. Sess., No. 176, p. 2137, §2; §10-4-171; amended and...
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26-1A-205
Section 26-1A-205 Tangible personal property. Unless the power of attorney otherwise provides,
language in a power of attorney granting general authority with respect to tangible personal
property authorizes the agent to: (1) demand, buy, receive, accept as a gift or as security
for an extension of credit, or otherwise acquire or reject ownership or possession of tangible
personal property or an interest in tangible personal property; (2) sell; exchange; convey
with or without covenants, representations, or warranties; quitclaim; release; surrender;
create a security interest in; grant options concerning; lease; sublease; or, otherwise dispose
of tangible personal property or an interest in tangible personal property; (3) grant a security
interest in tangible personal property or an interest in tangible personal property as security
to borrow money or pay, renew, or extend the time of payment of a debt of the principal or
a debt guaranteed by the principal; (4) release, assign,...
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