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10A-1-1.03
Section 10A-1-1.03 Definitions. As used in this title, unless the context otherwise requires,
the following terms mean: (1) AFFILIATE. A person who controls, is controlled by, or is under
common control with another person. An affiliate of an individual includes the spouse, or
a parent or sibling thereof, of the individual, or a child, grandchild, sibling, parent, or
spouse of any thereof, of the individual, or an individual having the same home as the individual,
or a trust or estate of which an individual specified in this sentence is a substantial beneficiary;
a trust, estate, incompetent, conservatee, protected person, or minor of which the individual
is a fiduciary; or an entity of which the individual is director, general partner, agent,
employee or the governing authority or member of the governing authority. (2) ASSOCIATE. When
used to indicate a relationship with: (A) a domestic or foreign entity for which the person
is: (i) an officer or governing person; or (ii) a beneficial...
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26-5-38
Section 26-5-38 Proceedings upon appearance; filing of accounts and vouchers, etc., by conservator
or personal representative on appointed day. If, on or before the day so appointed, the conservator,
or the personal representative of the conservator, if the account is stated against such representative,
appears and files his or her accounts and vouchers for settlement and pays such costs as have
accrued under the proceedings, the court must set aside such proceedings and proceed to settlement
in the manner prescribed by law on the accounts and vouchers so filed. (Code 1886, §2475;
Code 1896, §2360; Code 1907, §4450; Code 1923, §8223; Code 1940, T. 21, §153; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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26-5-18
Section 26-5-18 Enforcement of orders or decrees of probate court against conservator, etc.
The court of probate may, by attachment, compel a conservator to obey its orders or decrees,
and all final decrees rendered against a conservator or against the personal representative
of the conservator on a final settlement have the force and effect of a judgement at law,
on which execution may issue against the conservator or his or her personal representative
and against the sureties of the conservator, whether the principal has signed the bond or
not, whether such settlement is voluntary or involuntary and whether such settlement is made
by the conservator while living or by his or her personal representative after his or her
death. Process of garnishment may issue from the court of probate upon such decrees in like
cases and manner as it may issue on judgments in courts of record and may, in like manner,
be prosecuted to judgment against the garnishee. (Code 1886, §2464; Code 1896,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-18.htm - 1K - Match Info - Similar pages
35-11-223
Section 35-11-223 Parties. (a) In such actions, all persons interested in the matter in controversy,
or in the property charged with the lien, may be made parties; but such as are not made parties
shall not be bound by the judgment or proceedings therein. (b) On the death of any party to
such action, his personal representative shall be made a party thereto, plaintiff or defendant,
as the case may be, and it shall not be necessary to make his heirs or devisees parties; but
if he has no personal representative, and it is not desired to have one appointed, his heirs
or devisees may be made parties. (Code 1876, §§3447, 3448; Code 1886, §§3030, 3031; Code
1896, §§2735, 2736; Code 1907, §§4766, 4767; Code 1923, §§8844, 8845; Code 1940, T.
33, §§50, 51.)...
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26-5-7
Section 26-5-7 Final settlement generally - When required. On the death, resignation, or removal
of the conservator or on the expiration of his or her authority otherwise or on the arrival
of the ward at full age or on termination of the ward's incapacity or on his or her death
or on the marriage of the ward, if 18 years of age or older or upon the ward becoming 18 years
of age after marriage or after becoming a widow or widower, a final settlement of the conservatorship
must be made, such settlement in the event of the death of the conservator to be made by his
or her personal representative. (Code 1886, §2459; Code 1896, §2344; Code 1907, §4434;
Code 1923, §8207; Code 1940, T. 21, §134; Acts 1951, No. 31, p. 241; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
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10A-2-8.51
Section 10A-2-8.51 Authority to indemnify. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94
EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Except as provided
in subsection (d), a corporation may indemnify an individual made a party to a proceeding
because he or she is or was a director against liability incurred in the proceeding if: (1)
The individual conducted himself or herself in good faith; and (2) The individual reasonably
believed: (i) In the case of conduct in his or her official capacity with the corporation,
that the conduct was in its best interests; and (ii) In all other cases, that the conduct
was at least not opposed to its best interests; and (3) In the case of any criminal proceeding,
the individual had no reasonable cause to believe his or her conduct was unlawful. (b) A director's
conduct with respect to an employee benefit plan for a purpose he or she reasonably believed
to be in the interests of the participants in and beneficiaries of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2-8.51.htm - 2K - Match Info - Similar pages
43-2-551
Section 43-2-551 Making succeeding executor or administrator party to settlement. The remaining
or succeeding executor or administrator of the estate of the decedent, if there be one, must
be made a party to such settlement and, if a resident of this state, must have personal notice
of the time of making the same served on him at least 10 days before the day appointed therefor.
(Code 1867, §2166; Code 1876, §2538; Code 1886, §2174; Code 1896, §242; Code 1907, §2693;
Code 1923, §5926; Code 1940, T. 61, §321.)...
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26-3-8
Section 26-3-8 Giving of new bond by conservator upon application for discharge from liability
of surety - Required; effect of failure to give bond. Upon the application in writing of any
surety or sureties upon the bond of a conservator requesting to be discharged from future
liability as such surety or sureties or upon the application in writing of the personal representative
or of an heir or devisee of a deceased surety upon such bond requesting that the estate of
such deceased surety be discharged from future liability by reason of such suretyship, it
shall be the duty of the court to give such conservator notice of such application and to
require him or her, within 15 days after the service of the notice, to make a new bond. Upon
the failure to make such bond, such conservator shall be removed and his or her letters revoked
and upon such removal he or she shall make settlement of his or her conservatorship. Any number
of persons having the right to make application under this...
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10A-5A-8.02
Section 10A-5A-8.02 Death or disqualification of member. (a) In the case of a limited liability
company performing professional services, upon the death of a member, upon a member 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 member
or of the disqualified person may be transferred to a qualified person and, if not so transferred,
subject to Section 10A-5A-4.06, shall be purchased by the limited liability company as provided
in this section. (b) If the price of the transferable interest is not fixed by the limited
liability company agreement, the limited liability company, 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 company to be the fair value of the transferable...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-5A-8.02.htm - 7K - Match Info - Similar pages
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...
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