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19-3A-104
Section 19-3A-104 Trustee's power to adjust. (a) If the terms of the trust expressly provide
by specific reference to this section, then a trustee may have the power to adjust between
principal and income to the extent the trustee considers necessary if (1) the trustee invests
and manages trust assets as a prudent investor; (2) the terms of the trust describe the amount
that may or must be distributed to a beneficiary by referring to the trust's income, and (3)
the trustee determines, after applying the rules in Section 19-3A-103(a), that the trustee
is unable to comply with Section 19-3A-103(b). (b) In deciding whether and to what extent
to exercise the power conferred by subsection (a), a trustee shall consider all factors relevant
to the trust and its beneficiaries, including, but not limited to: (1) The nature, purpose,
and expected duration of the trust; (2) The intent of the settlor; (3) The identity and circumstances
of the beneficiaries; (4) The needs for liquidity for the...
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19-3D-11
Section 19-3D-11 Decanting power under expanded distributive dicretion. (a) In this section
the following terms have the following meanings: (1) NONCONTINGENT RIGHT. A right that is
not subject to the exercise of discretion or the occurrence of a specified event that is not
certain to occur. The term does not include a right held by a beneficiary if any person has
discretion to distribute property subject to the right to any person other than the beneficiary
or the beneficiary's estate. (2) PRESUMPTIVE REMAINDER BENEFICIARY. A qualified beneficiary
other than a current beneficiary. (3) SUCCESSOR BENEFICIARY. A beneficiary that is not a qualified
beneficiary on the date the beneficiary's qualification is determined. The term does not include
a person that is a beneficiary only because the person holds a nongeneral power of appointment.
(4) VESTED INTEREST. (A) A right to a mandatory distribution that is a noncontingent right
as of the date of the exercise of the decanting power; (B) a...
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35-18-2
Section 35-18-2 Easement conveyed, recorded, assigned, etc.; term of easement; interest maintained;
condemnation. (a) Except as otherwise provided in this chapter, a conservation easement may
be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered
or affected in the same manner as other easements. A conservation easement may not be created
or expanded under this chapter by any state, county, or local governmental body through the
exercise of the power of eminent domain. (b) No right or duty in favor of or against a holder
and no right in favor of a person having a third-party right of enforcement arises under a
conservation easement before its acceptance by the holder and a recordation of the acceptance.
(c) Except as provided in subsection (b) of Section 35-18-3, the term of a conservation easement
shall be the term stated in the instrument creating the easement or, if no term is stated,
the lesser of 30 years or the life of the grantor, or upon...
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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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40-18-1
Section 40-18-1 Definitions. For the purpose of this chapter, the following terms shall have
the respective meanings ascribed by this section: (1) ADVANCED FOSSIL-BASED GENERATION. The
production of electricity from fossil-based generation with the use of technology or efficiency
improvements to control or reduce carbon emissions, including but not limited to, technologies
described in 26 U.S.C. § 48A(f), as such provision existed on December 31, 2007. (2) ALTERNATIVE
ENERGY RESOURCES. Coal gasification or liquefaction, nuclear, and advanced fossil-based generation.
(3) BIOMASS. Animals and plants, and the waste, by-products, or derivatives of either, including,
but not limited to, the materials described in 26 U.S.C. §§ 45(c)(2), 45(c)(3), 45K(c)(3),
or 48B(c)(4). (4) BUSINESS TRUST. Any entity which is a business trust for federal income
tax purposes. (5) CAPTIVE REIT. Any REIT whose shares or certificates of beneficial interest
are not regularly traded on an established...
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45-37A-54.67
Section 45-37A-54.67 Borrowing; revenue bonds. The authority shall have the power to borrow
money and to issue revenue bonds as evidence of any money so borrowed, which bonds shall be
payable solely from the revenues derived from the fairs, exhibitions, amusements, and other
activities and enterprises in which the authority is hereby authorized to engage. As security
for any money so borrowed, together with interest thereon and any obligations incurred or
assumed, the authority may mortgage, pledge, or otherwise transfer and convey its real, personal,
and mixed property, or any part or parts thereof, whether then owned or thereafter acquired,
including any franchises then owned or thereafter acquired, and all or any part of the revenues
derived from the fairs, exhibitions, amusements, and other activities and enterprises in which
the authority is hereby authorized to engage. The instrument whereunder such mortgage or pledge
shall be made may contain such agreements as the authority...
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6-5-247
Section 6-5-247 Definitions. Unless the context otherwise requires, the words defined in this
section shall have the following meanings when found in this article: (1) SALE or SOLD. Any
execution, judgment, or foreclosure sale, whether the sale is made under any power of sale
in any mortgage or deed of trust or statutory power of sale, or by virtue of any judgment
in any court of competent jurisdiction. (2) MORTGAGE. Any mortgage, deed of trust, or any
other instrument intended to secure the payment of money, such as an instrument which includes
a vendor's lien. (3) JUNIOR MORTGAGE. Any mortgage, deed of trust, or any other instrument
intended to secure the payment of money by the transfer of an interest in real property, such
as a conveyance which includes a vendor's lien, which are lower in priority than the foreclosed
mortgage or lien. (Acts 1988, No. 88-441, p. 647, §1.)...
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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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10A-2A-7.22
Section 10A-2A-7.22 Proxies. (a) A stockholder may vote the stockholder's stock in person or
by proxy. (b) A stockholder, or the stockholder's agent or attorney-in-fact, may appoint a
proxy to vote or otherwise act for the stockholder by signing an appointment form, or by an
electronic transmission. An electronic transmission must contain or be accompanied by information
from which the recipient can determine the date of the transmission and that the transmission
was authorized by the sender or the sender's agent or attorney-in-fact. (c) An appointment
of a proxy is effective when a signed appointment form or an electronic transmission of the
appointment is received by the inspector of election or the officer or agent of the corporation
authorized to count votes. An appointment is valid for the term provided in the appointment
form, and, if no term is provided, is valid for 11 months unless the appointment is irrevocable
under subsection (d). (d) An appointment of a proxy is revocable...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2A-7.22.htm - 3K - Match Info - Similar pages
11-8A-3
Section 11-8A-3 County government bond financing review form. (a) In addition to any and all
other documents presented for examination and execution of a bond financing agreement which,
for the purposes of this chapter, takes place at the time a county commission makes an official
award of the bonds, the county commission shall execute a county government bond financing
review form. The standard review form shall be prepared by the Department of Examiners of
Public Accounts and shall include statements to the effect that: (1) The county commission
has considered whether it can satisfy its financial obligations for the life of the bonds.
(2) In the case of limited obligation indebtedness, the county commission has identified the
source for the debt service payments for the life of the bonds, and in the case of general
obligation indebtedness, the county commission has indicated that the full faith and credit
of the county has been pledged for the debt service payments for the life of...
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