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5-12A-3
Section 5-12A-3 Investments by trust institutions. Any trust institution, in its capacity as
fiduciary or cofiduciary, whether such fiduciary capacity arose before or was created after
July 8, 1943, may invest funds which it lawfully holds for investment in such capacity in
interests or participations in one or more common trust funds, if such investment is not prohibited
by the instrument, judgment, decree or order creating the fiduciary relationship and if, in
the case of cofiduciaries, the trust institution procures the consent of its cofiduciary or
cofiduciaries to such investment. (Acts 1980, No. 80-658, ยง5-12-3.)...
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5-12A-6
Section 5-12A-6 Control of investments by instrument under which trust institution acts. If
the instrument under which a trust institution acts as fiduciary, whether such fiduciary capacity
arose before or is created after July 8, 1943, shall either expressly or by its silence limit
or restrict the investment of moneys of the estate and securities to the class authorized
by law as legal investments, the trust institution may, in its capacity as sole fiduciary
or with the consent of any person acting with it in a fiduciary capacity, invest and reinvest
moneys of the estate in any such common trust fund maintained by the trust institution or
by an affiliated trust institution, provided, the securities composing such fund consist solely
of securities of the class authorized as legal investments for funds held by a fiduciary.
If the instrument under which the trust institution acts as fiduciary, whether such fiduciary
capacity arose before or is created after July 8, 1943, shall authorize...
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5-12A-11
Section 5-12A-11 Management and control of fund; ownership of assets. The trust institution
shall have the exclusive management and control of each common trust fund administered by
it and the sole right at any time to sell, convert, exchange, transfer or otherwise change
or dispose of the assets comprising the same. The ownership of such assets shall be solely
in the trust institution as fiduciary and shall be considered as assets held by it as fiduciary.
A trust institution shall not invest any of its own funds in a common trust fund administered
by it or by an affiliated trust institution; and, if the trust institution, because of a creditor
relationship or any other reason, acquires any interest in a participation in such common
trust fund, the participation shall be withdrawn on the first date on which such withdrawal
can be effected; however, in no case shall an unsecured advance to a participant until the
time of the next withdrawal be deemed to constitute the acquisition of an...
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5-12A-7
Section 5-12A-7 Investment of estate moneys in fund; withdrawals. The trust institution shall
invest the moneys of an estate (whether the estate is administered by such trust institution
or by an affiliated trust institution) in such common trust fund by adding the same thereto
and by apportioning a participation therein to such estate in the proportion that the moneys
of the estate added thereto bears to the aggregate value of all the securities of such fund
at the time of such investment, including in such securities the moneys of the estate so added.
The withdrawal of a participation of such common trust fund shall be on the basis of its proportionate
interest in the aggregate value of all the securities of such fund at the time of such withdrawal,
as hereinafter provided. The participating interest of any estate in such common trust funds
may, from time to time, be withdrawn in whole or in part by the trust institution administering
the estate and shall be withdrawn within a period...
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26-2A-152
Section 26-2A-152 Powers of conservator in administration. (a) Subject to limitation provided
in Section 26-2A-154, a conservator shall have all of the powers conferred in this section
and any additional powers now or hereafter conferred by law on trustees in this state. In
addition, a conservator of the estate of an unmarried minor as to whom no one has parental
rights, has the powers of a guardian of a minor described in Section 26-2A-78 until the minor
attains the age of 19 years, or the disabilities of nonage have been removed, but the parental
rights so conferred on a conservator do not preclude appointment of a guardian as provided
in Division 1 of this article. (b) A conservator without court authorization or confirmation
may invest and reinvest funds of the estate as would a trustee. (c) A conservator, acting
as a fiduciary in efforts to accomplish the purpose of the appointment, may act without court
authorization or confirmation, to (1) Collect, hold, and retain assets of the...
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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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27-21A-6
Section 27-21A-6 Fiduciary responsibilities of directors, officers, employees, and partners.
(a) Any director, officer, employee, or partner of a health maintenance organization who receives,
collects, disburses, or invests funds in connection with the activities of such organization
shall be responsible for such funds in a fiduciary relationship to the organization. (b) A
health maintenance organization shall maintain in force a fidelity bond on employees and officers
in an amount not less than $25,000 or such other sum as may be prescribed by the commissioner.
All such bonds shall be written with at least a one-year discovery period and if written with
less than a three-year discovery period shall contain a provision that no cancellation or
termination of the bond, whether by or at the request of the insured or by the underwriter,
shall take effect prior to the expiration of 90 days after written notice of such cancellation
or termination has been filed with the commissioner unless...
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41-10-46.01
Section 41-10-46.01 Investment by qualified funds. (a) Any qualified fund may invest at least
three percent of its corpus in one or more approved opportunity funds. (b) The following terms
shall have the following meanings: (1) "ADECA" shall mean the Department of Economic
and Community Affairs. (2) "Approved opportunity fund" shall mean any fund approved
by ADECA as meeting all of the following: a. ADECA determines that the fund has the capacity
to improve Alabama's low-income opportunity zone communities by approving an application showing
all of the following: 1. The amount of existing committed capital or potential to raise committed
capital. 2. The investment track record or strength of the applicant's management team. 3.
The existing project pipeline or strategy for developing new pipeline. 4. The fund structure
and anticipated returns within that fund structure. 5. The presence of sound legal, accounting,
and compliance policies and procedures. 6. A strategy for measuring,...
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41-10-547
Section 41-10-547 Bonds of the authority. (a) The authority is authorized from time to time
to sell and issue its bonds for the purpose of financing project costs pertaining to one or
more projects or for the purpose of providing funds to pay training facility management fees,
or any combination of the foregoing including, without limitation, in the case of authority
obligations issued for the purpose of providing funds to pay training facility management
fees, costs, expenses, and other items of the type described in paragraphs g., h., i., and
j. of the definition of project costs in Section 41-10-541 or to enter into guaranty agreements
wherein the authority guarantees payment, in whole or in part, of debt service referable to
obligations issued by development agencies for the purpose of financing project costs pertaining
to one or more projects; provided, however, that the principal amount of authority obligations
shall not exceed three hundred million dollars ($300,000,000). For...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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