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35-5A-3
Section 35-5A-3 Transfers and custodians to which chapter applicable; personal jurisdiction
over custodian; transfers made under law of another state. (a) This chapter applies to a transfer
that refers to this chapter in the designation under section 35-5A-10(a) by which the
transfer is made if at the time of the transfer, the transferor, the minor, or the custodian
is a resident of this state or the custodial property is located in this state. The custodianship
so created remains subject to this chapter despite a subsequent change in residence of a transferor,
the minor, or the custodian, or the removal of custodial property from this state. The custodianship
so created remains subject to this chapter, even though the custodian so nominated subsequently
declines to serve through renunciation or resignation. (b) A person designated as custodian
under this chapter is subject to personal jurisdiction in this state with respect to any matter
relating to the custodianship. (c) A transfer...
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35-5A-2
Section 35-5A-2 Definitions. As used in this chapter, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
ADULT. An individual who has attained the age of 21 years. (2) BENEFIT PLAN. An employer's
plan for the benefit of an employee or partner, or an individual retirement account. (3) BROKER.
A person lawfully engaged in the business of effecting transactions in securities or commodities
for the person's own account or for the account of others. (4) CONSERVATOR. A person appointed
or qualified by a court to act as general, limited, or temporary guardian of a minor's property
or a person legally authorized to perform substantially the same functions. (5) COURT. Circuit
court. (6) CUSTODIAL PROPERTY. a. Any interest in property transferred to a custodian under
this chapter and b. The income from and proceeds of that interest in property. (7) CUSTODIAN.
A person so designated under Section 35-5A-10 or a successor or...
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35-5A-12
Section 35-5A-12 Validity of transfer; interest conveyed; rights of custodian and minor
as to property transferred; provisions of chapter incorporated in transfer; transfer does
not authorize settlement or release of claims. (a) The validity of a transfer made in a manner
prescribed in this chapter is not affected by: (1) Failure of the transferor to comply with
section 35-5A-10(c) concerning possession and control; (2) Designation of an ineligible
custodian, except designation of the transferor in the case of property for which the transferor
is ineligible to serve as custodian under section 35-5A-10(a); or (3) Death or incapacity
of a person nominated under section 35-5A-4 or designated under section 35-5A-10
as custodian or the disclaimer of the office by that person. (b) A transfer made pursuant
to section 35-5A-10 is irrevocable, and conveys to the minor indefeasibly vested title
to the custodial property, but the custodian has the rights, powers, duties, and authority
provided in...
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35-5A-10
Section 35-5A-10 Manner of creating custodial property and effecting transfer; form
of transfer; control of custodial property. (a) Custodial property is created and a transfer
is made whenever: (1) An uncertificated security or a certificated security in registered
form is either: a. Registered in the name of the transferor, an adult other than the transferor,
or a trust company, followed in substance by the words: "as custodian for _____ (name
of minor) under the Alabama Uniform Transfers to Minors Act"; or b. Delivered if in certificated
form, or any document necessary for the transfer of an uncertificated security is delivered,
together with any necessary endorsement to an adult other than the transferor or to a trust
company as custodian, accompanied by an instrument in substantially the form set forth in
subsection (b); (2) Money is paid or delivered to a broker or financial institution for credit
to an account in the name of the transferor, an adult other than the transferor, or...
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35-5A-21
Section 35-5A-21 Termination of custodianship upon minor's reaching age 21 or age of
majority or upon minor's death. The custodian shall transfer in an appropriate manner the
custodial property to the minor or to the minor's estate upon the earlier of: (1) The minor's
attainment of 21 years of age with respect to custodial property transferred under section
35-5A-5 or 35-5A-6; (2) The minor's attainment of majority under the laws of this state other
than this chapter with respect to custodial property transferred under section 35-5A-7
or 35-5A-8; or (3) The minor's death. (Acts 1986, No. 86-453, p. 819, §20.)...
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35-5A-20
Section 35-5A-20 Accounting by and determining of liability of custodian. (a) A minor
who has attained the age of 14 years, the minor's guardian of the person or legal representative,
an adult member of the minor's family, a transferor, or a transferor's legal representative
may petition the court (1) for an accounting by the custodian or the custodian's legal representative;
or (2) for a determination of responsibility, as between the custodial property and the custodian
personally, for claims against the custodial property unless the responsibility has been adjudicated
in an action under section 35-5A-18 to which the minor or the minor's legal representative
was a party. (b) A successor custodian may petition the court for an accounting by the predecessor
custodian. (c) The court, in a proceeding under this chapter or in any other proceeding, may
require or permit the custodian or the custodian's legal representative to account. (d) If
a custodian is removed under section...
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35-5A-11
Section 35-5A-11 Transfer to be for one minor; only one custodian; single custodianship.
A transfer may be made only for one minor, and only one person may be the custodian. All custodial
property held under this chapter by the same custodian for the benefit of the same minor constitutes
a single custodianship. (Acts 1986, No. 86-453, p. 819, §10.)...
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35-5A-19
Section 35-5A-19 Renunciation, resignation, death or removal of custodian; designation
of successor custodian. (a) A person nominated under section 35-5A-4 or designated
under section 35-5A-10 as custodian may decline to serve by delivering a valid disclaimer
to the person who made the nomination or to the transferor or the transferor's legal representative
or by effecting a valid disclaimer in the manner that interests in property may be disclaimed
under the Alabama Uniform Disclaimer of Property Interests Act. If the event giving rise to
a transfer has not occurred and no substitute custodian able, willing, and eligible to serve
was nominated under section 35-5A-4, the person who made the nomination may nominate
a substitute custodian under section 35-5A-4; otherwise the transferor or the transferor's
legal representative shall designate a substitute custodian at the time of the transfer, in
either case from among the persons eligible to serve as custodian for that kind of property...
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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall
have the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense.
(2) CHILD. A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed
child daycare center, a licensed childcare facility, or any other childcare service that is
exempt from licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous
that a reasonable person should know or recognize its location or its address has been provided
to local law enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a
trial, a plea of guilty, a plea of nolo contendere, or an Alford plea regardless of whether
adjudication was withheld. Conviction includes, but is not limited to, a conviction in a United
States territory, a conviction in a federal or military tribunal, including a court martial
conducted by the Armed Forces of the United States, a conviction for an offense committed...
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43-8-1
Section 43-8-1 General definitions. Subject to additional definitions contained in the
subsequent articles which are applicable to specific articles or divisions, and unless the
context otherwise requires, in this chapter, the following words shall have the following
meanings: (1) BENEFICIARY. As it relates to trust beneficiaries, includes a person who has
any present or future interest, vested or contingent, and also includes the owner of an interest
by assignment or other transfer and as it relates to a charitable trust, includes any person
entitled to enforce the trust. (2) CHILD. Includes any individual entitled to take as a child
under this chapter by intestate succession from the parent whose relationship is involved
and excludes any person who is only a stepchild, a foster child, a grandchild or any more
remote descendant. (3) COURT. The court having jurisdiction in matters relating to the affairs
of decedents. This court in Alabama is known as the probate court. (4) DAYS. That...
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