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27-33-13
Section 27-33-13 Trusteed assets - Withdrawal. (a) The trust agreement shall provide, in substance,
that no withdrawals of trusteed assets shall be made by the insurer or permitted by the trustee
without the written authorization or approval of the commissioner in advance thereof except
as follows: (1) Any or all income, earnings, dividends, or interest accumulations of the trusteed
assets may be paid over to the United States manager of the insurer upon request of the insurer
or the manager; (2) For substitution, coincidentally with such withdrawal, of other securities
or assets of value at least equal in amount to those being withdrawn, if such substituted
securities or assets are likewise such as are eligible for investment of the funds of like
domestic insurers and if such withdrawal is requested in writing by the insurer's United States
manager pursuant to general or specific written authority previously given or delegated by
the insurer's board of directors, or other similar...
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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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34-13-11
Section 34-13-11 Authorizing agent; right of disposition. (a) A person, who is at least 18
years of age and of sound mind, may enter into a contract to act as authorizing agent and
direct the location, manner, and conditions of disposition of remains and arrange for funeral
goods and services to be provided upon death. Except as otherwise provided in subsection (b),
the right to control the disposition of the remains of a deceased person as an authorizing
agent, including the location, manner, and conditions of disposition and arrangements for
funeral goods and services to be provided, shall vest in the following persons in the priority
listed and the order named, provided the person is at least 18 years of age and of sound mind:
(1) The person designated by the decedent as authorized to direct disposition pursuant to
Public Law No. 109-163, Section 564, as listed on the decedent's United States Department
of Defense Record of Emergency Data, DD Form 93, or its successor form, if the...
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38-9-2
Section 38-9-2 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) ABUSE. The infliction of physical pain, injury, or the willful
deprivation by a caregiver or other person of services necessary to maintain mental and physical
health. (2) ADULT IN NEED OF PROTECTIVE SERVICES. A person 18 years of age or older whose
behavior indicates that he or she is mentally incapable of adequately caring for himself or
herself and his or her interests without serious consequences to himself or herself or others,
or who, because of physical or mental impairment, is unable to protect himself or herself
from abuse, neglect, exploitation, sexual abuse, or emotional abuse by others, and who has
no guardian, relative, or other appropriate person able, willing, and available to assume
the kind and degree of protection and supervision required under the circumstances. (3) CAREGIVER.
An individual who has the responsibility for the care of a protected...
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45-49-85.60
Section 45-49-85.60 General and equity jurisdiction of probate courts; powers and authority
of judges of probate; procedures in administration of estates. (a) That the probate courts
in all counties of this state which now have or may hereafter have a population of over 300,000
and less than 500,000, according to the last or any subsequent federal census, shall have
general and equity jurisdiction concurrent with that of the circuit courts of this state,
in the administration of the estates of deceased persons, minors, the developmentally disabled,
insane, incapacitated, protected or incompetent persons, or the like, and testamentary trust
estates. The jurisdiction granted by this section shall be conferred without the necessity
of the same being invoked in any estate proceeding and may be exercised at the discretion
of the court. (b)(1) That the judges of the probate courts shall have the same powers and
authority which judges of the circuit courts of this state have in connection...
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11-50A-8
Section 11-50A-8 Powers of the authority. In addition to other powers granted the authority
by this chapter, it shall have all powers consistent with the purposes of the authority as
set forth in Section 11-50A-3, which are necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including, but without limiting the generality
of the foregoing, the following enumerated powers, which shall be exercised by the authority
consistently with the provisions of Section 11-50A-3: (1) To sue and be sued and to prosecute
and defend in any court having jurisdiction of the subject matter and of the parties thereto;
(2) To adopt and alter a corporate seal; (3) To make and alter at pleasure all needful bylaws,
rules, and regulations for the transaction of its business and the control of its property
and affairs; (4) To have the same right of eminent domain through condemnation conferred by
Section 10-5-1, or any subsequent statute of similar import; provided...
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8-15-14
Section 8-15-14 Revocation of permit; liquidation of operation. (a) In the event that the Commissioner
of Agriculture and Industries upon a public hearing finds and determines that a public warehouse
is being operated in violation of law and regulations and in jeopardy of the public interest,
he shall thereupon revoke the permit to operate such public warehouse and, in his discretion,
he may take charge of the operation of such warehouse for the purpose of liquidating the same
under the direction of the circuit court having jurisdiction at the place of the operation
thereof and to operate same under the direction of the court for such time as may be necessary
to protect the public interest or to compel compliance with the laws and regulations relating
to the operation of public warehouses. (b) Upon taking charge thereof, the Commissioner of
Agriculture and Industries shall appoint in writing, under his hand and official seal, an
agent to assist him in the duty of liquidation and...
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26-10A-11
Section 26-10A-11 Consent or relinquishment. (a) A consent or relinquishment shall be in writing,
signed by the person consenting or relinquishing, and shall state the following: (1) The date,
place, and time of execution. (2) The date of birth or if prior to birth expected date of
birth of the adoptee and any names by which the adoptee has been known. (3) The relationship
of the person consenting or relinquishing to the adoptee. (4) The name of each petitioner,
unless (i) the document is relinquishment of the adoptee to an agency, or (ii) the consent
contains a statement that the person executing the consent knows that he or she has a right
to know the identity of each petitioner but voluntarily waives this right. (5) That the person
executing the document is voluntarily and unequivocally consenting to the adoption of the
named adoptee. (6) That by signing the document and subsequent court order to ratify the consent,
the person executing the document understands that he or she will...
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34-27-68
Section 34-27-68 Commission may seek injunctive relief, etc., for violation of article; investigation;
revocation of registration. (a) If it appears that a person, firm, corporation, or any business
entity has engaged, or is about to engage, in an act or practice constituting a violation
of a provision of this article or rule or order of the commission, the commission, through
the Attorney General, may institute legal actions to enjoin the act or practice and to enforce
compliance with this article or any rule or order of the commission or to have a receiver
or conservator appointed. To prevail in such action, it shall not be necessary to allege or
prove either that an adequate remedy at law does not exist or that substantial or irreparable
damage would result from the continued violation thereof. (b) The commission may: (1) Make
any public or private investigation which it deems necessary, either within or outside of
this state, to determine whether any person has violated or is about...
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41-10-456
Section 41-10-456 Powers of authority. The authority shall have the following powers among
others specified in this article: (1) to have succession by its corporate name until dissolved
as provided in this article; (2) to sue and be sued and to prosecute and defend, at law or
in equity, in any court having jurisdiction of the subject matter and of the parties thereto;
(3) to have and to use a corporate seal and to alter the same at pleasure; (4) to make and
alter all needful bylaws, rules and regulations for the transaction of the authority's business
and the control of its property and affairs; (5) to establish a fiscal year; (6) to provide
for the construction, renovation, reconstruction, improvement, alteration, addition, demolition,
equipment, operation and maintenance of public office building facilities (including the State
Capitol), surfacing and resurfacing of land for parking and other uses to produce revenue
and for the procurement of sites and equipment for such facilities;...
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