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26-1A-217
exclusion limit; and (2) consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C.
Section 2513, as amended, to the splitting of a gift made by the principal's spouse in an
amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.
(c) An agent may make a gift of the principal's property only as the agent determines is consistent
with the principal's objectives if actually known by the agent and, if unknown, as the agent
determines is consistent with the principal's best interest based on all relevant factors,
including: (1) the value and nature of the principal's property; (2) the principal's foreseeable
obligations and need for maintenance; (3) minimization of taxes, including income, estate,
inheritance, generation skipping transfer, and gift taxes; (4) eligibility for a benefit,
a program, or assistance under a statute or regulation; and (5) the principal's personal
history of making or joining in making gifts. (Act 2011-683, p. 2015, §1.)...
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19-3B-1013
Section 19-3B-1013 Certification of trust. (a) Instead of furnishing a copy of the trust instrument
to a person other than a beneficiary, the trustee may furnish to the person a certification
of trust containing the following information: (1) that the trust exists and the date the
trust instrument was executed; (2) the identity of the settlor; (3) the identity and address
of the currently acting trustee; (4) the powers of the trustee in a pending transaction or
relevant to the request; (5) the revocability or irrevocability of the trust and the identity
of any person holding a power to revoke the trust; (6) the authority of co-trustees to sign
or otherwise authenticate and whether all or less than all are required in order to exercise
powers of the trustee; (7) the trust's taxpayer identification number; and (8) the name in
which title to trust property may be taken. (b) A certification of trust may be signed or
otherwise authenticated by any trustee. (c) A certification of trust must...
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7-8-306
Section 7-8-306 Effect of guaranteeing signature, indorsement, or instruction. (a) A person
who guarantees a signature of an indorser of a security certificate warrants that at the time
of signing: (1) the signature was genuine; (2) the signer was an appropriate person to indorse,
or if the signature is by an agent, the agent had actual authority to act on behalf of the
appropriate person; and (3) the signer had legal capacity to sign. (b) A person who guarantees
a signature of the originator of an instruction warrants that at the time of signing: (1)
the signature was genuine; (2) the signer was an appropriate person to originate the instruction,
or if the signature is by an agent, the agent had actual authority to act on behalf of the
appropriate person, if the person specified in the instruction as the registered owner was,
in fact, the registered owner, as to which fact the signature guarantor does not make a warranty;
and (3) the signer had legal capacity to sign. (c) A person who...
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26-1A-206
Section 26-1A-206 Stocks and bonds. Unless the power of attorney otherwise provides, language
in a power of attorney granting general authority with respect to stocks and bonds authorizes
the agent to: (1) buy, sell, and exchange stocks and bonds; (2) establish, continue, modify,
or terminate an account with respect to stocks and bonds; (3) pledge stocks and bonds as security
to borrow, pay, renew, or extend the time of payment of a debt of the principal; (4) receive
certificates and other evidences of ownership with respect to stocks and bonds; and (5) exercise
voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts,
and consent to limitations on the right to vote. (Act 2011-683, p. 2015, §1.)...
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26-1A-210
Section 26-1A-210 Insurance and annuities. Unless the power of attorney otherwise provides,
language in a power of attorney granting general authority with respect to insurance and annuities
authorizes the agent to: (1) continue, pay the premium or make a contribution on, modify,
exchange, rescind, release, or terminate a contract procured by or on behalf of the principal
which insures or provides an annuity to either the principal or another person, whether or
not the principal is a beneficiary under the contract; (2) procure new, different, and additional
contracts of insurance and annuities for the principal and the principal's spouse, children,
and other dependents, and select the amount, type of insurance or annuity, and mode of payment;
(3) pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate
a contract of insurance or annuity procured by the agent; (4) apply for and receive a loan
secured by a contract of insurance or annuity; (5) surrender...
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35-10-1
Section 35-10-1 Power of sale constitutes part of security; by whom executed; effect of conveyance;
index of foreclosure deeds. Where a power to sell lands is given to the grantee in any mortgage,
or other conveyance intended to secure the payment of money, the power is part of the security,
and may be executed by any person, or the personal representative of any person who,
by assignment or otherwise, becomes entitled to the money thus secured; and a conveyance of
the lands sold under such power of sale to the purchaser at the sale, executed by the mortgagee,
any assignee or other person entitled to the money thus secured, his agent or attorney, or
the auctioneer making the sale, vests the legal title thereto in such purchaser. Probate judges
shall index foreclosure deeds by the names of the original grantor and grantee in the mortgage,
and also by the names of the grantor and grantee in the foreclosure deeds. (Code 1852, §1319;
Code 1967, §1589; Code 1876, §2198; Code 1886,...
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26-1A-209
Section 26-1A-209 Operation of entity or business. Subject to the terms of a document or an
agreement governing an entity or an entity ownership interest, and unless the power of attorney
otherwise provides, language in a power of attorney granting general authority with respect
to operation of an entity or business authorizes the agent to: (1) operate, buy, sell, enlarge,
reduce, or terminate an ownership interest; (2) perform a duty or discharge a liability and
exercise in person or by proxy a right, power, privilege, or option that the principal has,
may have, or claims to have; (3) enforce the terms of an ownership agreement; (4) initiate,
participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept
a compromise with respect to litigation to which the principal is a party because of an ownership
interest; (5) exercise in person or by proxy, or enforce by litigation or otherwise, a right,
power, privilege, or option the principal has or claims to...
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19-3B-103
which is exercisable by another person only upon consent of the trustee or a person holding
an adverse interest. (12) PRESUMPTIVE REMAINDER BENEFICIARY means a person who would be entitled
to the principal of a trust if the income interest were immediately terminated, and if a trust
contains a power of appointment, then the holder of such power of appointment shall also be
a presumptive remainder beneficiary. (13) PROPERTY means anything that may be the subject
of ownership, whether real or personal, legal or equitable, or any interest therein.
Property includes choses in action, claims, and interests created by beneficiary designation
under policies of insurance, financial instruments and deferred compensation and other retirement
arrangements, whether revocable or irrevocable. (14) QUALIFIED BENEFICIARY means a living
beneficiary who, on the date the beneficiary's qualification is determined: (A) is a distributee
or permissible distributee of trust income or principal; (B) would be a...
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22-14-14
Section 22-14-14 Penalty for violation of article or rules, regulations or orders; notice of
possible liability for civil penalty; civil action by Attorney General; considerations affecting
amount of civil penalty; maximum penalty on small businesses; payment of penalty. (a) Any
person who willfully violates any of the provisions of this article or rules, regulations
or orders of the agency in effect pursuant thereto shall, upon conviction thereof, be punished
by a fine not exceeding $1,000.00, or by imprisonment in the county jail or by a sentence
to hard labor for the county not exceeding 12 months, or by both fine and imprisonment or
hard labor. (b) Any person who (1) Violates any licensing provision of Section 22-14-4 or
Section 22-14-6 or any rule, regulation, or order issued thereunder, or any term, condition,
or limitation of any license issued thereunder, or (2) Commits any violation for which a license
may be revoked under Section 22-14-11, shall be subject to a civil penalty...
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22-8A-4
The acceptance shall be evidenced in writing and attached to the proxy designation. The proxy
designation may be a separate document or part of a living will. (1) The designation of an
attorney-in-fact, made pursuant to Section 26-1-2, as amended from time to time, who is specifically
authorized to make decisions regarding the providing, withholding, or withdrawing of life-sustaining
treatment or artificially provided nutrition and hydration in instances involving terminal
illness or injury and permanent unconsciousness, constitutes for purposes of this chapter
a proxy designating another individual to act for the declarant pursuant to this subsection,
provided, however, that the authority granted to an attorney-in-fact to make such decisions
shall be the same as the authority granted in this chapter to a health care proxy. The appointment
shall be limited to the specific directions enumerated in the appointment. (2) Any powers
granted to a health care proxy in an advance...
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