Code of Alabama

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26-1A-111
Section 26-1A-111 Co-agents and successor agents. (a) A principal may designate two or more
persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent
may exercise its authority independently. (b) A principal may designate one or more successor
agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve,
or declines to serve. A principal may grant authority to designate one or more successor agents
to an agent or other person designated by name, office, or function. Unless the power of attorney
otherwise provides, a successor agent: (1) has the same authority as that granted to the original
agent; and (2) may not act until all predecessor agents have resigned, died, become incapacitated,
are no longer qualified to serve, or have declined to serve. (c) Except as otherwise provided
in the power of attorney and subsection (d), an agent that does not participate in or conceal
a breach of fiduciary duty committed by another...
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26-1A-301
Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975: If you wish to grant general
authority over all of the subjects enumerated in this section you may SIGN here: ___ (Signature
of Principal) OR If you wish to grant specific authority over less than all subjects enumerated
in this section you must INITIAL by each subject you want to include in the agent's authority:
_____Real Property as defined in Section 26-1A-204 _____Tangible Personal Property
as defined in Section 26-1A-205 _____Stocks and Bonds as defined in Section 26-1A-206 _____Commodities
and Options as defined in Section 26-1A-207 _____Banks and Other Financial Institutions as
defined in Section 26-1A-208 _____Operation of Entity or Business as defined in Section 26-1A-209
_____Insurance and Annuities as defined in Section 26-1A-210 _____Estates, Trusts, and Other
Beneficial Interests as defined in Section 26-1A-211 _____Claims and Litigation as defined
in Section...
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26-1-2
regarding provision, withholding, or withdrawal of life-sustaining treatment and artificially
provided nutrition and hydration but only a. if specifically authorized to do so in the durable
power of attorney, b. if the substantive provisions of the durable power of attorney are in
substantial compliance and if the durable power of attorney is executed and accepted in substantially
the same form as set forth in the Alabama Natural Death Act, and c. in instances of terminal
illness or injury or permanent unconsciousness, if the authority is implemented in
the manner permitted under the Alabama Natural Death Act. All durable powers of attorney executed
prior to May 8, 1997, shall be effective to the extent specifically provided therein notwithstanding
the provisions of this subsection. The decisions made by the attorney in fact shall be implemented
in accordance with the same procedures set forth in the Alabama Natural Death Act for health
care proxies. (3) Any authority granted...
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36-27-25
Section 36-27-25 Funds for assets of retirement system - Management. (a) The Board of Control
shall be the trustees of the several funds of the Employees' Retirement System created by
this article as provided in Section 36-27-24 and shall have full power to invest and reinvest
the funds, through its Secretary-Treasurer in the classes of bonds, mortgages, common and
preferred stocks, shares of investment companies or mutual funds, or other investments as
the Board of Control may approve, with the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent person acting in a like capacity and familiar
with such matters would use in the conduct of an enterprise of a like character and with like
aims. Subject to like terms, conditions, limitations and restrictions, the Board of Control,
through its Secretary-Treasurer, shall have full power to hold, purchase, sell, assign, transfer,
and dispose of any investments in which the funds created in Section...
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36-25-3
Section 36-25-3 State Ethics Commission - Creation, composition; annual reports; compensation;
political activities; director; personnel. (a) There is hereby created a State Ethics Commission
composed of five members, each of whom shall be a fair, equitable citizen of this state and
of high moral character and ability. The following persons shall not be eligible to be appointed
as members: (1) a public official; (2) a candidate; (3) a registered lobbyist and his or her
principal; or (4) a former employee of the commission. No member of the commission shall be
eligible for reappointment to succeed himself or herself. The members of the commission shall
be appointed by the following officers: The Governor, the Lieutenant Governor, or in the absence
of a Lieutenant Governor, the Presiding Officer of the Senate, and the Speaker of the House
of Representatives. Appointments shall be subject to Senate confirmation and persons appointed
shall assume their duties upon confirmation by the...
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40-2B-2
as it deems best adapted for public convenience. Such publications shall be made permanently
available and constitute the official reports of the Alabama Tax Tribunal. (p) Service of
Process. (1) Mailing by first class or certified or registered mail, postage prepaid, to the
address of the taxpayer given on the taxpayer's notice of appeal, or to the address of the
taxpayer's representative of record, if any, or to the usual place of business of the Department
of Revenue, shall constitute personal service on the other party. The Alabama Tax Tribunal,
by rule, may prescribe that notice by other means shall constitute personal service
and, in a particular case, may order that notice be given to additional persons or by other
means. (2) Mailing by registered or certified mail and delivery by a private delivery service
approved by the Internal Revenue Service in accordance with Section 7502(f) of the Internal
Revenue Code of 1986, as amended, shall be deemed to have occurred,...
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26-1A-110
Section 26-1A-110 Termination of power of attorney or agent's authority. (a) A power of attorney
terminates when: (1) the principal dies; (2) the principal becomes incapacitated, if the power
of attorney is not durable; (3) the principal revokes the power of attorney; (4) the power
of attorney provides that it terminates; (5) the purpose of the power of attorney is accomplished;
(6) the principal revokes the agent's authority or the agent dies, becomes incapacitated,
or resigns, and the power of attorney does not provide for another agent to act under the
power of attorney; or (7) revoked by a fiduciary appointed by a court. (b) An agent's authority
terminates when: (1) the principal revokes the authority; (2) the agent dies, becomes incapacitated,
or resigns; (3) an action is filed for the divorce or annulment of the agent's marriage to
the principal or their legal separation, unless the power of attorney otherwise provides;
or (4) the power of attorney terminates. (c) Unless the...
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26-1A-102
event, the satisfaction of an ascertainable standard, or the passage of a specified period
only after the occurrence of the specified event, the satisfaction of the ascertainable standard,
or the passage of the specified period. The term does not include a power exercisable in a
fiduciary capacity or only by will. (9) "Principal" means an individual who grants
authority to an agent in a power of attorney. (10) "Property" means anything that
may be the subject of ownership, whether real or personal, or legal or equitable, or
any interest or right therein. (11) "Record" means information that is inscribed
on a tangible medium or that is stored in an electronic or other medium and is retrievable
in perceivable form. (12) "Sign" means, with present intent to authenticate or adopt
a record: (A) to execute or adopt a tangible symbol; or (B) to attach to or logically associate
with the record an electronic sound, symbol, or process. (13) "State" means a state
of the United States, the...
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26-1A-114
granted by the principal or that engages another person on behalf of the principal is not liable
for an act, error of judgment, or default of that person if the agent exercises care, competence,
and diligence in selecting and monitoring the person. (h) Except as otherwise provided in
the power of attorney, an agent is not required to disclose receipts, disbursements, or transactions
conducted on behalf of the principal unless ordered by a court or requested by the principal,
a guardian, a conservator, another fiduciary acting for the principal, a governmental agency
having authority to protect the welfare of the principal, or, upon the death of the principal,
by the personal representative or successor in interest of the principal's estate.
If so requested, within 30 days the agent shall comply with the request or provide a writing
or other record substantiating why additional time is needed and shall comply with the request
within an additional 30 days. (Act 2011-683, p. 2015, ยง1.)...
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19-1A-2
or liability is itself an electronic record. (11) "Electronic" means relating to
technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar
capabilities. (12) "Electronic communication" has the meaning set forth in 18 U.S.C.
Section 2510(12), as amended. (13) "Electronic-communication service" means a custodian
that provides to a user the ability to send or receive an electronic communication. (14) "Fiduciary"
means an original, additional, or successor personal representative, conservator, agent,
or trustee. (15) "Good faith" means honesty in fact and reasonable under the circumstances.
(16) "Information" means data, text, images, videos, sounds, codes, computer programs,
software, databases, or the like. (17) "Online tool" means an electronic service
provided by a custodian that allows the user, in an agreement distinct from the terms-of-service
agreement between the custodian and user, to provide directions for disclosure or nondisclosure
of...
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