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10A-8A-10.03
Section 10A-8A-10.03 Death or disqualification of partner. (a) In the case of a limited liability
partnership performing professional services, upon the death of a partner, upon a partner
becoming a disqualified person, or upon a transferable interest being transferred by operation
of law or court decree to a disqualified person, the transferable interest of the deceased
partner or of the disqualified person may be transferred to a qualified person and, if not
so transferred, subject to Section 10A-8A-4.09, shall be purchased by the limited liability
partnership as provided in this section. (b) If the price of the transferable interest is
not fixed by the partnership agreement, the limited liability partnership, within six months
after the death or 30 days after the disqualification or transfer, as the case may be, shall
make a written offer to pay to the holder of the transferable interest a specified price deemed
by the limited liability partnership to be the fair value of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-8A-10.03.htm - 7K - Match Info - Similar pages
26-2-2
Section 26-2-2 Removal of guardianship or conservatorship from probate to circuit court. The
administration or conduct of any guardianship or conservatorship of a minor or incapacitated
person may be removed from the probate court to the circuit court, at any time before the
final settlement thereof by the guardian or conservator of any such guardianship or conservatorship
or guardian ad litem or next friend of such ward or anyone entitled to support out of the
estate of such ward without assigning any special equity, and an order of removal must be
made by the court or judge upon the filing of a sworn petition by any such guardian or conservator
or guardian ad litem or next friend for the ward or such person entitled to support out of
the estate of such ward, reciting in what capacity the petitioner acts and that in the opinion
of the petitioner such guardianship or conservatorship can be better administered in the circuit
court than in the probate court. (Code 1923, §8102; Acts...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2-2.htm - 1K - Match Info - Similar pages
10A-2-6.27
Section 10A-2-6.27 Restriction on transfer of shares and other securities. REPEALED IN THE
2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT
CODE SUPPLEMENT. (a) The articles of incorporation, bylaws, an agreement among shareholders,
or an agreement between shareholders and the corporation may impose restrictions on the transfer
or registration of transfer of shares of corporation. A restriction does not affect shares
issued before the restriction was adopted unless the holders of the shares are parties to
the restriction agreement or voted in favor of the restriction. (b) A restriction on the transfer
or registration of transfer of shares is valid and enforceable against the holder or a transferee
of the holder including an executor, administrator, trustee, guardian, conservator or other
fiduciary entrusted with like responsibility for the person or estate of the holder, provided
the restriction is authorized by this section and, as provided by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2-6.27.htm - 3K - Match Info - Similar pages
26-2B-402
Section 26-2B-402 Recording of protective orders. If a conservator has been appointed in another
state and a petition for a protective order is not pending in this state, the conservator
appointed in the other state, after giving notice to the appointing court of an intent to
record, may record the protective order in this state by recording as a foreign judgment in
a court of this state, in any county in which property belonging to the protected person is
located, certified copies of the order and letters of office and of any bond. (Act 2010-500,
p. 782, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2B-402.htm - 874 bytes - Match Info - Similar pages
26-5-10
Section 26-5-10 Final settlement generally - Examination of vouchers and auditing and stating
of account; taxing of costs for contest or examination where voucher or items rejected. On
the day appointed or on any other day to which the settlement may be continued, the court
must proceed to examine the vouchers and to audit and state the account, requiring evidence
in support of all such vouchers or items of the account as may be contested or as may not
on examination appear to the court to be just and proper, such evidence to be taken by affidavit
or in any other legal mode. If any voucher or item be rejected, all costs accruing on the
contest or examination thereof must be taxed against the conservator or his or her personal
representative and not against the ward or his or her estate. (Code 1886, §2462; Code 1896,
§2347; Code 1907, §4437; Code 1923, §8210; Code 1940, T. 21, §137; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-10.htm - 1K - Match Info - Similar pages
10A-4-3.02
Section 10A-4-3.02 Death or disqualification of shareholder. (a) Upon the death of a shareholder
of a domestic professional corporation, or if a shareholder of a domestic professional corporation
becomes a disqualified person, or if shares of a domestic professional corporation are transferred
by operation of law or court decree to a disqualified person, the shares of the deceased shareholder
or of the disqualified person may be transferred to a qualified person and, if not so transferred,
shall be purchased or redeemed by the domestic professional corporation to the extent of funds
which may be legally made available for the purchase. (b) If the price for the shares is not
fixed by the governing documents of the domestic professional corporation or by private agreement,
the domestic professional corporation, within six months after the death or 30 days after
the disqualification or transfer, as the case may be, shall make a written offer to pay for
the shares at a specified price...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-4-3.02.htm - 7K - Match Info - Similar pages
19-3B-411
Section 19-3B-411 Modification or termination of noncharitable irrevocable trust by consent.
(a) If, upon petition, the court finds that the settlor and all beneficiaries consent to the
modification or termination of an irrevocable trust, the court shall enter an order approving
the modification or termination even if the modification or termination is inconsistent with
a material purpose of the trust. A settlor's power to consent to a trust's modification or
termination may be exercised by an agent under a power of attorney only to the extent expressly
authorized by the power of attorney or the terms of the trust; by the settlor's conservator
with the approval of the court supervising the conservatorship if an agent is not so authorized;
or by the settlor's guardian with the approval of the court supervising the guardianship if
an agent is not so authorized and a conservator has not been appointed. (b) A noncharitable
irrevocable trust may be terminated upon consent of all of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-411.htm - 2K - Match Info - Similar pages
26-1A-116
Section 26-1A-116 Judicial relief. (a) The following persons may petition a court to construe
a power of attorney, determine the validity of a power of attorney, or review the agent's
conduct, and grant appropriate relief: (1) the principal or the agent; (2) a guardian, conservator,
or other fiduciary acting for the principal; (3) a person authorized to make health care decisions
for the principal; (4) the principal's spouse, parent, or descendant; (5) an individual who
would qualify as a presumptive heir of the principal; (6) a person named as a beneficiary
to receive any property, benefit, or contractual right on the principal's death or as a beneficiary
of a trust created by or for the principal that has a financial interest in the principal's
estate; (7) a governmental agency having regulatory authority to protect the welfare of the
principal; (8) the principal's caregiver or another person that demonstrates sufficient interest
in the principal's welfare; (9) a person asked to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-1A-116.htm - 1K - Match Info - Similar pages
26-2-53
Section 26-2-53 Revocation of guardianship or conservatorship - Upon application by person
ascertained to be incapacitated - Conduct of hearing or trial upon contested application;
entry of decree revoking guardianship or conservatorship, etc., where application not contested.
If the guardian or conservator or the person at whose instance the inquisition was had and
taken appears and, in writing, denies the allegations of the application, the court must appoint
a day for the trial of such contest, not more than 10 days thereafter, and must cause a jury
to be summoned in the manner provided by Section 12-16-78 for the trial thereof, and proceedings
must be had as upon the original inquisition. If there be no contest of the allegations of
the application and the court is satisfied of the truth thereof, a decree must be entered
revoking the proceedings on the inquisition and the guardianship or conservatorship and declaring
that the ward must be restored to the custody and management of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2-53.htm - 1K - Match Info - Similar pages
40-15B-3
Section 40-15B-3 Apportionment by will or other dispositive instrument. (a) Except as otherwise
provided in subsection (c), the following rules apply: (1) To the extent that a provision
of a decedent's will expressly and unambiguously directs the apportionment of an estate tax,
the tax must be apportioned accordingly. (2) Any portion of an estate tax not apportioned
pursuant to paragraph (1) must be apportioned in accordance with any provision of a revocable
trust of which the decedent was the settlor which expressly and unambiguously directs the
apportionment of an estate tax. If conflicting apportionment provisions appear in two or more
revocable trust instruments, the provision in the most recently dated instrument prevails.
For purposes of this paragraph: (A) a trust is revocable if it was revocable immediately after
the trust instrument was executed, even if the trust subsequently becomes irrevocable; and
(B) the date of an amendment to a revocable trust instrument is the date of...
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