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40-7-30
Section 40-7-30 Assessor notified of appointment of fiduciaries. It shall be the duty of the
judges of probate, clerks of the circuit court, or the clerks of other courts of record in
this state to notify the tax assessor of each county of the appointment of every administrator,
executor, guardian, trustee, accounting officer, or receiver within 30 days after such appointment.
(Acts 1935, No. 194, p. 256; Code 1940, T. 51, §59.)...
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43-8-1
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 period of time as computed in accordance with section 1-1-4 and Rule
6(a), Alabama Rules of Civil Procedure. (5) DEVISE. When used as a noun, means a testamentary
disposition of real or personal property and when used as a verb, means to dispose
of real or personal property by will. (6) DEVISEE. Any person designated in a will
to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee
or trust described by will, the trust or trustee is the devisee and the beneficiaries are
not devisees. (7) DISTRIBUTEE. Any person who has received property of a decedent from his
personal representative other than as creditor or purchaser. A testamentary trustee
is...
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10A-2A-7.24
Section 10A-2A-7.24 Acceptance of votes and other instruments. (a) If the name signed on a
vote, ballot, consent, waiver, stockholder demand, or proxy appointment corresponds to the
name of a stockholder, the corporation, if acting in good faith, is entitled to accept the
vote, ballot, consent, waiver, stockholder demand, or proxy appointment and give it effect
as the act of the stockholder. (b) If the name signed on a vote, ballot, consent, waiver,
stockholder demand, or proxy appointment does not correspond to the name of its stockholder,
the corporation, if acting in good faith, is nevertheless entitled to accept the vote, ballot,
consent, waiver, stockholder demand, or proxy appointment and give it effect as the act of
the stockholder if: (1) the stockholder is an entity and the name signed purports to be that
of an officer or agent of the entity; (2) the name signed purports to be that of an administrator,
executor, guardian, or conservator representing the stockholder and, if the...
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10A-2-7.24
Section 10A-2-7.24 Corporation's acceptance of votes. REPEALED IN THE 2019 REGULAR SESSION
BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
If the name signed on, or otherwise submitted by means of an electronic transmission with
respect to, a vote, consent, waiver, or proxy appointment corresponds to the name of a shareholder,
the corporation if acting in good faith is entitled to accept the vote, consent, waiver, or
proxy appointment and give it effect as the act of the shareholder. (b) If the name signed
on, or otherwise submitted by means of an electronic transmission with respect to, a vote,
consent, waiver, or proxy appointment does not correspond to the name of its shareholder,
the corporation if acting in good faith is nevertheless entitled to accept the vote, consent,
waiver, or proxy appointment and give it effect as the act of the shareholder if: (1) The
shareholder is an entity and the name signed or otherwise submitted by means of...
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43-2-517
Section 43-2-517 Appointment and compensation of special guardian. The jurisdiction of the
probate court to make partial or final settlements or distributions of the estates of decedents
is not affected by the fact that the executor or administrator making the settlement is also
guardian of any heir or distributee, devisee or legatee of the decedent; but in such case
the court must appoint a special guardian, without bond, to represent such heir or distributee,
devisee or legatee on the settlement and distribution; and, upon final settlement, any decree
to which such ward may be entitled must be rendered against the executor or administrator
in the name of the special guardian for the use of the ward; and thereafter the executor or
administrator, in the capacity of guardian, shall be accountable for such decree. The special
guardian shall be entitled to reasonable compensation for his services and for the services
of counsel properly employed to be allowed by the court and to be paid...
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5-11A-9
Section 5-11A-9 Exemption of trust companies, etc., acting as administrators, etc., from bond
requirement. Any trust company or bank which is authorized by law to act as a guardian, administrator,
executor, receiver or trustee, except as may be otherwise provided in this code for the administration
of the affairs of war veterans, under appointment of any court of this state, and which maintains
the deposit provided for in Section 5-11A-5, shall be entitled as a matter of right to exemption
from giving bond before receiving authority to act in any of the above capacities, provided
its aggregate liabilities, to secure which said bonds or other securities are deposited, do
not exceed five times the par value of said securities. When such company desires exemption
from giving any such bond, it shall file with the officer who would otherwise require such
bonds a sworn statement showing the amount in value of the bonds or other securities on deposit
with the State Treasurer, and that the...
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10A-2A-15.11
Section 10A-2A-15.11 Authority of foreign corporation to act as fiduciary. (a) Any foreign
corporation may act in this state as trustee, personal representative, executor, administrator
of any kind, guardian, conservator, or in any other like or similar fiduciary capacity, whether
the appointment is by law, will, deed, inter vivos trust, mortgage, deed of trust, court order
or otherwise, without the necessity of complying with any law of this state relating to the
qualification of foreign corporations to do business in this state or the licensing of foreign
corporations to do business in this state and notwithstanding any prohibition, limitation,
or restriction contained in any law of this state subject to the following conditions: (1)
The foreign corporation is authorized to act in a fiduciary capacity, or capacities, in the
state in which it is incorporated or, if the foreign corporation is a national banking association
or other corporation organized under the laws of the United...
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22-21-146
Section 22-21-146 Bonds - Legal investment - Banks, insurers and fiduciaries. Bonds issued
under the provisions of this article are hereby made legal investments for savings banks and
insurance companies organized under the laws of the state. Unless otherwise directed by the
court having jurisdiction thereof or the document that is the source of authority, a trustee,
executor, administrator, guardian or one acting in any other fiduciary capacity may, in addition
to any other investment powers conferred by law and with the exercise of reasonable business
prudence, invest trust funds in the bonds of the authority. (Acts 1961, No. 109, p. 134, §21.)...
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40-7-20
Section 40-7-20 Separate returns to be filed in individual and fiduciary capacity. Every person
of full age and sound mind and every firm or body corporate or politic and every trustee and
receiver shall, when legally called on by the assessor, forthwith make a full, true, and distinct
statement of all real and personal property, with a correct description thereof of
land and improvements, separately, of which he is the owner or holder, individually or as
guardian, parent, husband, wife, trustee, administrator, executor, receiver, accounting officer,
partner, agent, or factor, and including all money hoarded, held, or owned on October 1 of
the current tax year or any time preceding or succeeding October 1 of the current year. (Acts
1935, No. 194, p. 256; Code 1940, T. 51, §50.)...
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10A-2-15.41
Section 10A-2-15.41 Authority of foreign corporation to act as fiduciary. REPEALED IN THE 2019
REGULAR SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE
SUPPLEMENT. (a) Any foreign corporation may act in this state as trustee, personal
representative, executor, administrator of any kind, guardian, conservator, or in any other
like or similar fiduciary capacity, whether the appointment is by law, will, deed, inter vivos
trust, mortgage, deed of trust, court order or otherwise, without the necessity of complying
with any law of this state relating to the qualification of foreign corporations to do business
in this state or the licensing of foreign corporations to do business in this state and notwithstanding
any prohibition, limitation, or restriction contained in any law of this state subject to
the following conditions: (1) The foreign corporation is authorized to act in a fiduciary
capacity, or capacities, in the state in which it is incorporated or, if...
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