|
27-17A-50
Section 27-17A-50 Financial interest in asset or business in which endowment care trust invests,
etc.; disposition of funds. (a) No cemetery authority may directly or indirectly require or
direct the investment, reinvestment, or retention by a qualified trustee of any part of an
endowment care trust in any asset or business in which the cemetery authority or any officer,
director, owner, partner, or employee of the cemetery authority has a financial interest.
Nothing contained in this subsection shall prevent the trustee, subject to the provisions
regarding investment and reinvestment of the trust estate as are contained in the governing
instrument creating the trust, from investing, reinvesting, or retaining any asset or business
in which the cemetery authority or any officer, director, owner, partner, or employee of the
cemetery authority has an insubstantial or nonmaterial financial interest, provided that the
trustee, in the exercise of the trustee's discretion, deems the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-50.htm - 2K - Match Info - Similar pages
27-17A-2
designed for the encasement of human remains and which is usually constructed of wood, metal,
or like material, and ornamented and lined with fabric. (11) CEMETERY. A place that is established,
maintained, managed, operated, or improved and which is dedicated to and used or intended
to be used for the final disposition of human remains and their memorialization. (12) CEMETERY
AUTHORITY. Any person who owns or controls a cemetery or conducts cemetery business. (13)
CEMETERY MERCHANDISE. Any personal property offered for sale, contracted for sale,
or sold for use in connection with the burial of, final disposition, memorialization, interment,
entombment, or inurnment of human remains by a cemetery authority. Cemetery merchandise specifically
includes, but is not limited to, the casket, the outer burial container, and the memorial.
(14) CEMETERY SERVICES. Services provided by a cemetery authority for interment, entombment,
inurnment, and installation of cemetery merchandise. (15)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-2.htm - 12K - Match Info - Similar pages
16-33C-6
Section 16-33C-6 PACT Program generally. (a) The PACT Program is established as one college
savings alternative under the plan whereby purchasers enter into PACT contracts for the future
payment of tuition and mandatory fees at eligible educational institutions. The PACT Program
includes the PACT Trust Fund and the PACT Administrative Fund created pursuant to this chapter.
(b) The official location of the trust fund shall be the State Treasurer's office, and the
facilities of the State Treasurer shall be used and employed in the administration of the
fund including, but without limitation thereto, the keeping of records, the management of
bank accounts and other investments, the transfer of funds, and the safekeeping of securities
evidencing investments. The PACT Trust Fund is hereby created as the source for payment of
the PACT Program's obligations under PACT contracts. The amounts on deposit in the PACT Trust
Fund shall not constitute property of the state, and the state may have no...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-33C-6.htm - 5K - Match Info - Similar pages
27-17A-47
Section 27-17A-47 Establishment and management of endowment care fund. (a) Every cemetery authority
operating an endowment care cemetery shall establish an endowment care fund which shall be
placed with and held by a bank, trust company, savings and loan association, or other financial
institution authorized to provide trust services under Title 5, as amended, or under the applicable
laws of the United States or any other state, or a board of trustees, consisting of at least
three members, who shall reside in the State of Alabama, one of whom is engaged in outside
cemetery management, and each of whom shall be bonded to honestly perform the duties of trustee
under a formal trust agreement. (b) Except as specifically provided in this subsection, commencing
on July 1, 2014, a person serving on a board of trustees or cemetery authority may not also
serve as a trustee of an endowment care fund for the cemetery authority. A board of trustees
in existence on July 1, 2014, may continue to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-47.htm - 3K - Match Info - Similar pages
27-17A-49
The amount received for special care funds, gifts, grants, contribution devises, or bequests
made with respect to the separate or special care of a particular lot, grave, crypt, niche,
mausoleum, monument, or marker or that of a particular family, as distinguished from the general
endowed care of a cemetery or of a garden. (b) In addition to subsection (a), a cemetery authority
may receive, and transfer to the trustee, as a part of or incident to the endowment care fund,
any property, real, personal, or mixed, bequeathed, devised, given, or otherwise contributed
to it for endowment care purposes. Any contractual endowment care deposits shall fall under
this article. (c) Any cemetery authority which is organized and engaged in business prior
to May 1, 2002, shall qualify as an endowment care cemetery if the following occur: (1) Not
already placed, it shall within 90 days of May 1, 2002, have placed the entire principal of
any endowment care fund in its possession, custody, or control,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-49.htm - 4K - Match Info - Similar pages
27-17A-51
Section 27-17A-51 Propriety of expenditures; income payments to cemetery authority. The trustee
shall not be required to inquire into the propriety of the expenditures made by the cemetery
authority in connection with endowment care of the cemetery, and it shall not be held responsible
in any manner whatsoever for and on account of payments of the income from the endowment care
fund made to the cemetery authority. (Act 2002-74, p. 221, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-51.htm - 752 bytes - Match Info - Similar pages
27-17A-54
Section 27-17A-54 Annual report. An annual report of the endowment care fund shall be made
to the commissioner by each cemetery authority within 90 days of the close of each calendar
year. This report shall include the qualified trustee's name or names, the bond numbers if
individual trustees or the name and address of the financial institution in which the fund
is maintained, and the affidavit of the cemetery authority affirming compliance with this
article. Prior to the sale or transfer of a cemetery, the cemetery authority shall report
and document to the commissioner that the endowment care fund is currently funded in accordance
with this article. (Act 2002-74, p. 221, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-54.htm - 994 bytes - Match Info - Similar pages
11-54-131
Section 11-54-131 Investment of moneys; duties of fund manager. (a) Moneys held in and forming
a part of an endowment trust fund, including, without limitation, proceeds of investments
held in and forming a part of the fund, shall, to the extent practicable and feasible, be
kept fully and continuously invested, pending their distribution and expenditure for the purposes
authorized by this division, in any of the following: (1) Interest-bearing bank time deposits
and interest-bearing bank certificates of deposit. (2) Debt securities that are direct general
obligations of the United States of America or any agency thereof, and debt securities of
any state or local government. (3) Other debt securities, common and preferred stocks, shares
of investment companies or mutual funds, or other like investments. (b) All of the above as
may be authorized in the trust agreement under which such fund has been established, and all
with the care, skill, prudence, and diligence under the circumstances...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-54-131.htm - 3K - Match Info - Similar pages
36-31-1
Section 36-31-1 Designation and prescription of powers and duties of trustees. Each governing
body in the State of Alabama including the council, commission or similar governing body of
each municipal corporation, the board of directors of each incorporated municipal board, the
county commission of each county, the board of education of each city, the board of education
of each county, the board of directors of each county or municipal hospital, each gas district,
any other county or municipal public corporation, agency or authority and the board of trustees,
board of managers, board of control or similar governing body of each state agency or institution
of education, learning, training or correction or for the delinquent, insane, sick, deaf,
dumb, blind, needy, juvenile or aged, now existing or established after September 16, 1963,
may designate a bank (whether a national bank or banking association or a banking or trust
company operating under the jurisdiction of the Superintendent...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-31-1.htm - 1K - Match Info - Similar pages
19-3-120.2
Section 19-3-120.2 Standards for fiduciary investment and management. (a) When investing, reinvesting,
purchasing, acquiring, exchanging, selling and managing property for the benefit of another,
a trustee, executor, administrator, guardian, conservator or other fiduciary, other than a
trustee governed by Chapter 3B, shall act 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 to attain the purposes of the account. In making investment decisions,
a fiduciary shall consider the role that the investment plays within the account's overall
portfolio of assets and may consider the general economic conditions, the anticipated tax
consequences of the investment, the anticipated duration of the account and the needs of the
beneficiaries of the account. (b) The propriety of an investment decision is to be determined
by what a fiduciary knew or should have known at the time...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3-120.2.htm - 3K - Match Info - Similar pages
|