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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
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26-1A-108
Section 26-1A-108 Nomination of conservator or guardian; relation of agent to court-appointed
fiduciary. (a) In a power of attorney, a principal may nominate a conservator of the principal's
estate or guardian of the principal's person for consideration by the court, if protective
proceedings for the principal's estate or person are begun after the principal executes the
power of attorney. Except for good cause shown or disqualification, the court shall make its
appointment in accordance with the principal's most recent nomination. (b) If, after a principal
executes a power of attorney, a court appoints a conservator of the principal's estate or
other fiduciary charged with the management of all the property of the principal or all of
his or her property except specified exclusions, the agent is accountable to the fiduciary
as well as to the principal. In such event, the fiduciary has the same power to revoke or
amend the power of attorney that the principal would have had if he or she...
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26-1A-118
Section 26-1A-118 Agent's resignation; notice. Unless the power of attorney provides a different
method for an agent's resignation, an agent may resign by giving notice to the principal and,
if the principal is incapacitated: (1) to the conservator, or guardian if there is no conservator,
if either has been appointed for the principal and a co-agent or successor agent; or (2) if
there is no person described in paragraph (1): (A) the principal's caregiver; (B) another
person reasonably believed by the agent to have sufficient interest in the principal's welfare;
or (C) a governmental agency having authority to protect the welfare of the principal. (Act
2011-683, p. 2015, ยง1.)...
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19-1A-2
Section 19-1A-2 (Effective January 1, 2018) Definitions. In this chapter, the following terms
have the following meanings: (1) "Account" means an arrangement under a terms-of-service
agreement in which a custodian carries, maintains, processes, receives, or stores a digital
asset of the user or provides goods or services to the user. (2) "Agent" means a
person granted authority to act for a principal under a power of attorney, whether denoted
an agent, attorney-in-fact, or otherwise. The term includes an original agent, co-agent, successor
agent, and person to which an agent's authority is delegated. (3) "Carries" means
engages in the transmission of an electronic communication. (4) "Catalogue of electronic
communications" means information that identifies each person with which a user has had
an electronic communication, the time and date of the communication, and the electronic address
of the person. (5) "Conservator" means a person appointed by a court to manage the
estate of a...
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19-3D-9
Section 19-3D-9 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. COURT INVOLVEMENT.
(a) On application of an authorized fiduciary, a person entitled to notice under Section 19-3D-7
(c), a beneficiary, or with respect to a charitable interest that is not entirely held by
or for the benefit of one or more identified and existing charitable organizations, the Attorney
General or other person that has standing to enforce the charitable interest, the court may:
(1) provide instructions to the authorized fiduciary regarding whether a proposed exercise
of the decanting power is permitted under this chapter and consistent with the fiduciary duties
of the authorized fiduciary; (2) appoint a special fiduciary and authorize the special fiduciary
to determine whether the decanting power should be exercised under this chapter and to exercise
the decanting power; (3) approve an exercise of the...
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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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19-3D-2
Section 19-3D-2 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. DEFINITIONS. In this
chapter the following terms have the following meanings: (1) APPOINTIVE PROPERTY. The property
or property interest subject to a power of appointment. (2) ASCERTAINABLE STANDARD. A standard
relating to an individual's health, education, support, or maintenance within the meaning
of 26 U.S.C. Section 2041(b)(1)(A), as amended, or 26 U.S.C. Section 2514(c)(1), as amended,
and any applicable regulations. (3) AUTHORIZED FIDUCIARY. (A) A trustee or other fiduciary,
other than a settlor, that has the discretion to distribute or direct a trustee to distribute
part or all of the principal of the first trust to one or more current beneficiaries; (B)
a special fiduciary appointed under Section 19-3D-9; or (C) a special-needs fiduciary under
Section 19-3D-13. (4) BENEFICIARY. A person that: (A) has a present or...
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19-1A-15
Section 19-1A-15 (Effective January 1, 2018) Fiduciary duty and authority. (a) The legal duties
imposed on a fiduciary charged with managing tangible property apply to the management of
digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty
of confidentiality. (b) A fiduciary's or a designated recipient's authority with respect to
a digital asset of a user: (1) except as otherwise provided in Section 19-1A-4, is subject
to the applicable terms of service; (2) is subject to other applicable law, including copyright
law; (3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(4) may not be used to impersonate the user. (c) A fiduciary with authority over the property
of a decedent, protected person, principal, or settlor has the right to access any digital
asset in which the decedent, protected person, principal, or settlor had a right or interest
and that is not held by a custodian or subject to a terms-of-service...
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10A-2A-13.01
Section 10A-2A-13.01 Definitions. Notwithstanding Chapter 1, in this Article 13: (1) "Affiliate"
means a person that directly or indirectly through one or more intermediaries controls, is
controlled by, or is under common control with another person or is a senior executive of
that person. For purposes of Section 10A-2A-13.02(b)(4), a person is deemed to be an affiliate
of its senior executives. (2) "Corporation" means the corporation that is the issuer
of the stock held by a stockholder demanding appraisal and, for matters covered in Section
10A-2A-13.22 through Section 10A-2A-13.31, includes the surviving organization of a merger.
(3) "Fair value" means the value of the corporation's stock determined: (i) immediately
before the effectiveness of the corporate action to which the stockholder objects; (ii) using
customary and current valuation concepts and techniques generally employed for similar businesses
in the context of the transaction requiring appraisal; and (iii) without...
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10A-8A-3.03
Section 10A-8A-3.03 Statement of authority. (a) A partnership may deliver to the Secretary
of State for filing a statement of authority, which: (1) must include the name of the partnership
and: (A) if the partnership has not filed a statement of partnership, a statement of not for
profit partnership, or a statement of limited liability partnership, (i) the street and mailing
addresses of its principal office and (ii) if the Secretary of State has assigned a unique
identifying number or other designation to the partnership, that number or designation; or
(B) if the partnership has filed a statement of partnership, a statement of not for profit
partnership, or a statement of limited liability partnership, (i) the street address and mailing
address of its principal office, (ii) the name, street address, and mailing address of its
registered agent, and (iii) the unique identifying number or other designation assigned to
the partnership by the Secretary of State. (2) with respect to any...
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