Code of Alabama

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5-12A-1
Section 5-12A-1 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) TRUST INSTITUTION.
Any state bank, any national bank or any trust company authorized to act in a fiduciary capacity
in this state and under the supervision of the Comptroller of the Currency of the United States
or the Federal Reserve System, or the Superintendent of Banks of the State of Alabama. (2)
AFFILIATED TRUST INSTITUTION. A trust institution which, together with one or more other trust
institutions, are each owned or controlled by a bank holding company which is under the supervision
of the Board of Governors of the Federal Reserve System. (3) OWNED OR CONTROLLED. The ownership
by a bank holding company of stock possessions of at least 80 percent of the voting power
of all classes of stock and at least 80 percent of each class of the nonvoting stock (other
than nonvoting stock which is limited and...
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19-4A-7
Section 19-4A-7 Applicability. The provisions of this chapter shall apply to all fiduciary
accounts now existing or hereafter created, but only to the bank or trust company's actions
or inactions occurring after May 28, 1991. (Acts 1991, No. 91-129, p. 163, §1(g).)...
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19-1-2
Section 19-1-2 Definitions. In this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings respectively ascribed to them by this
section: (1) BANK. Any person or association of persons, whether incorporated or not, carrying
on the business of banking or trust company. (2) FIDUCIARY. A trustee under any trust, expressed,
implied, resulting or constructive, executor, administrator, guardian, conservator, curator,
receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer
of a corporation, public or private, public officer or any other person acting in a fiduciary
capacity for any person, trust or estate. (3) PERSON. Such term includes a corporation, partnership,
or other association, or two or more persons having a joint or common interest. (4) PRINCIPAL.
Any person to whom a fiduciary as such owes an obligation. (Acts 1943, No. 557, p. 544, §1.)...

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19-3-120.1
Section 19-3-120.1 Investments in common trusts, collective investment funds, and interests
of investment companies and trusts. In addition to the investments authorized by Section 19-3-120,
by any other provision of law for the investment of funds held by a trustee, executor, administrator,
guardian, conservator or other fiduciary, or by the will, trust agreement or other document
which is the source of authority, such fiduciary, other than a trustee governed by Chapter
3B, may invest in and hold (1) interests, however evidenced, in any common trust fund or other
collective investment fund maintained by any national or state chartered bank, trust company
or savings and loan association having trust powers, or (2) securities of or other interests
in any open-end or closed-end management type investment company or investment trust registered
under the Investment Company Act of 1940, as from time to time amended, so long as the portfolio
of such common trust fund, collective investment...
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19-4-1
Section 19-4-1 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) FIDUCIARY. An administrator, an administrator with the will annexed, an administrator
de bonis non, an executor, a trustee, a guardian, a conservator, an agent, a custodian or
a custodian or agent for another fiduciary or fiduciaries. (2) FIDUCIARY ACCOUNT. An estate,
a trust, a guardianship, a custodianship, an agency or any other fiduciary relationship, including
a custodianship or agency for another fiduciary or fiduciaries. (3) BANK. A bank or trust
company organized and existing under the laws of Alabama with authority to act as a fiduciary
and a national banking association with its principal office in the State of Alabama and with
authority to act as a fiduciary. (4) SECURITY. Any note; stock; treasury stock; bond; debenture;
evidence of indebtedness; certificate of interest or participation in...
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19-4-20
Section 19-4-20 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) FIDUCIARY. An administrator, an administrator with the will annexed, an administrator
de bonis non, an executor, a trustee, a guardian, a conservator, an agent or a custodian.
(2) FIDUCIARY ACCOUNT. An estate, a trust, a guardianship, a custodianship, an agency or any
other fiduciary relationship, including a custodianship or agency for another fiduciary or
fiduciaries. (3) BANK. A bank or trust company organized and existing under the laws of Alabama
with authority to act as a fiduciary and a national banking association with its principal
office in the State of Alabama and with authority to act as a fiduciary. (4) SECURITY. Any
note; stock; treasury stock; bond; debenture; evidence of indebtedness; certificate of interest
or participation in an oil, gas or mining title or lease or in payments out...
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19-4A-1
Section 19-4A-1 Idle funds defined. Idle funds are defined as collected income and principal
cash balances received by a fiduciary and held awaiting investment in or distribution from
a fiduciary account. As used in this chapter, the term "fiduciary account" shall
mean any account for which the bank or trust company has investment responsibility. (Acts
1991, No. 91-129, p. 163, §1(a).)...
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5-11A-2
Section 5-11A-2 Written approval of superintendent to conduct trust business. No bank shall
have the right to operate or conduct a trust department or become a trustee or a fiduciary
without having received the prior written approval of the superintendent and otherwise complied
with Section 5-11A-1, even though the certificate of incorporation of the bank might contain
language covering such authority. (Acts 1980, No. 80-658, §5-11-2.)...
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5-11A-5
Section 5-11A-5 Deposit of security for operation of trust business - Amount required and form;
charges against deposit. Any corporation organized and operating as a trust company or as
a bank authorized by law to do a trust business may deposit with the State Treasurer or elsewhere
United States bonds, bonds, notes or debentures of any federal agency such as a federal land
bank, banks for cooperatives, Farm Home Administration, Federal National Mortgage Association,
etc., Alabama bonds, bonds of any city or county in the State of Alabama or mortgages which
are first liens on real estate, worth in each case double the face of the mortgage, situated
in this state, to an amount not less than $25,000.00, and may increase said deposit from time
to time or reduce the same to an amount not less than $25,000.00, or may withdraw the deposit
entirely, provided such trust companies or banks have made final settlement and accounted
for all assets in their possession and under their control by...
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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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