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19-3B-802
Section 19-3B-802 Duty of loyalty. (a) A trustee shall administer the trust solely in the interests
of the beneficiaries. (b) Subject to the rights of persons dealing with or assisting the trustee
as provided in Section 19-3B-1012, a sale, encumbrance, or other transaction involving the
investment or management of trust property entered into by the trustee for the trustee's own
personal account or which is otherwise affected by a conflict between the trustee's fiduciary
and personal interests is voidable by a beneficiary affected by the transaction unless: (1)
the transaction was authorized by the terms of the trust; (2) the transaction was approved
by the court; (3) the beneficiary did not commence a judicial proceeding within the time allowed
by Section 19-3B-1005; (4) the beneficiary consented to the trustee's conduct, ratified the
transaction, or released the trustee in compliance with Section 19-3B-1009; or (5) the transaction
involves a contract entered into or claim acquired by...
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22-34-1
Section 22-34-1 Definitions. The following words and phrases, whenever used in this chapter,
shall have the following respective meanings unless the context clearly indicates otherwise:
(1) AUTHORITY. The corporation organized pursuant to the provisions of this chapter as a public
corporation, agency and instrumentality of the state and known as the "Alabama Water
Pollution Control Authority." (2) AUTHORIZING RESOLUTION. A resolution or order adopted
by the board of directors of the authority authorizing the issuance of bonds by the authority
pursuant to this chapter or by a public body. (3) BOARD OF DIRECTORS. The board of directors
of the Alabama Water Pollution Control Authority. (4) BONDS. The "Water Pollution Control
Bonds," notes or obligations or other evidence of indebtedness issued by the authority
under the provisions of this chapter. (5) BOND PROCEEDS. The direct proceeds of sale of bonds
or notes, and the income derived from the investment of such proceeds. (6) DEPARTMENT....
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34-27A-2
Section 34-27A-2 Definitions. The following terms as used in this article shall have the following
meanings: (1) APPRAISAL. The act or process of developing an opinion of value of real property;
an opinion of the value of real property; of or pertaining to appraising real property and
related functions such as appraisal practice or appraisal services. (2) APPRAISAL FOUNDATION.
The Appraisal Foundation incorporated as an Illinois not-for-profit corporation on November
30, 1987. (3) APPRAISAL MANAGEMENT COMPANY. An external third party including, but not limited
to, a corporation, partnership, sole proprietorship, subsidiary, or limited liability company,
authorized either by a creditor of a consumer credit transaction secured by the principal
dwelling of a consumer or by an underwriter of or other principal in the secondary mortgage
markets, that oversees a network or panel of more than four certified or licensed appraisers
in a state or 25 or more nationally in a given year, that...
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37-11C-3
Section 37-11C-3 Standards for approval of qualified railroad rehabilitation expenditures;
application for tax credits; completion of project; tax credit certificate; fees; annual report.
(a) By December 1, 2019, the Department of Commerce shall develop standards for the approval
of qualified railroad rehabilitation expenditures for which a tax credit is being sought.
The standards shall consider the availability of additional public or private funding for
the project, the expected completion time of the project, and the anticipated impact of the
project on usage of the railroad infrastructure. (b) Prior to beginning any qualified railroad
rehabilitation work, the eligible taxpayer shall submit an application and rehabilitation
plan to the department and an estimate of the qualified railroad rehabilitation expenditures
under the rehabilitation plan; provided, however, the eligible taxpayer, at its own risk,
may incur qualified railroad rehabilitation expenditures no earlier than six...
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40-14B-6
Section 40-14B-6 Qualified investments. (a) To continue to be certified, a certified capital
company shall make qualified investments according to the following schedule: (1) Before the
third anniversary of its allocation date, a company must have made qualified investments in
an amount cumulatively equal to at least 35 percent of its certified capital. (2) Before the
fifth anniversary of its allocation date, a company must have made qualified investments in
an amount cumulatively equal to at least 50 percent of its certified capital. (b) The aggregate
cumulative amount of all qualified investments made by the certified capital company after
its allocation date shall be considered in the computation of the percentage requirements
under this chapter. Any proceeds received from a qualified investment may be invested in another
qualified investment and count toward any requirement in this chapter with respect to investments
of certified capital. (c) A business that is classified as a...
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40-7-25.4
Section 40-7-25.4 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE FEBRUARY 6, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The governing
body of a county may grant an abatement of all or a portion of the taxes otherwise due under
Section 40-7-25.3 with respect to property located within the county. (b) The abatement provided
by subsection (a) may only be granted if all of the following are satisfied: (1) The property
will be used for a qualifying project as defined in Section 40-18-372 (1). (2) The qualifying
project shall create at least the number of new jobs specified in Section 40-18-372 (2). (3)
The property is an area within which not less than fifty million dollars ($50,000,000) of
capital expenditures in connection with the establishment, expansion, construction, equipping,
development, or rehabilitation of such qualifying project is anticipated to be made based
upon representations and information provided by the anticipated...
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41-9-219.3
Section 41-9-219.3 Application for designation as a qualified equity investment. (a) A qualified
community development entity that seeks to have an equity investment or long-term debt security
designated as a qualified equity investment and eligible for tax credits under this article
shall apply to the department. The qualified community development entity shall submit an
application on a form that the department provides that includes all of the following: (1)
The name, address, tax identification number of the entity, and evidence of the entity's certification
as a qualified community development entity. (2) A copy of any allocation agreement executed
by the entity, or its controlling entity, and the Community Development Financial Institutions
Fund. (3) A certificate executed by an executive officer of the entity attesting that the
allocation agreement remains in effect and has not been revoked or cancelled by the Community
Development Financial Institutions Fund. (4) A description...
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10A-10-1.15
Section 10A-10-1.15 Merger. (a) For purposes of this section, the following words shall have
the respective meanings ascribed to them: (1) ALABAMA REAL ESTATE INVESTMENT TRUST. A real
estate investment trust organized in compliance with the provisions of this chapter. (2) BUSINESS
TRUST. a. An entity described in Section 10A-16-1.01. b. An unincorporated trust or association,
including an Alabama real estate investment trust, a common-law trust, or a Massachusetts
trust, which is engaged in business and in which property is acquired, held, managed, administered,
controlled, invested, or disposed of for the benefit and profit of any person who may become
a holder of a transferable unit of beneficial interest in the trust. (3) DOMESTIC LIMITED
LIABILITY COMPANY. A limited liability company as defined under the Alabama Limited Liability
Company Law. (4) DOMESTIC LIMITED PARTNERSHIP. A limited partnership as defined under the
Alabama Limited Partnership Law. (5) FOREIGN BUSINESS TRUST. A...
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11-54-129
Section 11-54-129 Use of assets. (a) Subject to succeeding provisions hereof with respect to
the investment of moneys held in and forming a part of an endowment trust fund, and the management,
use, and disposition of other properties, whether real or personal, tangible or intangible,
contributed to such fund, all moneys held in and forming a part of an endowment trust fund,
whether such moneys may be characterized as either principal or income of such fund, may be
expended, and all other properties contributed to a trust fund may be used only to induce
new business, manufacturing, industrial, commercial, service, and research enterprises, whether
or not any such enterprise, or any property to be utilized in connection therewith, would
constitute a "project" within the meaning of either industrial development board
act, to locate within the statutory service area of the board that created such fund, and
to foster activities and policies conducive to the continuing prosperity of such...
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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...
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