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19-3D-15
Section 19-3D-15 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. TRUST LIMITATION ON
DECANTING. (a) An authorized fiduciary may not exercise the decanting power to the extent
the first-trust instrument expressly prohibits exercise of: (1) the decanting power; or (2)
a power granted by state law to the fiduciary to distribute part or all of the principal of
the trust to another trust or to modify the trust. (b) Exercise of the decanting power is
subject to any restriction in the first-trust instrument that expressly applies to exercise
of: (1) the decanting power; or (2) a power granted by state law to a fiduciary to distribute
part or all of the principal of the trust to another trust or to modify the trust. (c) A general
prohibition of the amendment or revocation of a first trust, a spendthrift clause, or a clause
restraining the voluntary or involuntary transfer of a beneficiary's...
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25-4-31
Section 25-4-31 Treasurer; separate accounts; disposition of interest and penalties. (a) The
secretary shall designate an employee of the unemployment compensation agency as treasurer
of the fund who shall pay all vouchers or checks duly drawn upon the fund, in such manner
as the secretary may prescribe. The secretary shall also designate an employee of the unemployment
compensation agency as alternate treasurer who, in case of extended absence of the treasurer
shall, upon written notice from the secretary, perform all duties of the treasurer. The treasurer
shall maintain within the fund the following separate accounts: A clearing account; an unemployment
trust fund account; an unemployment benefit payment account; a fraud interest penalty account;
and such other account or accounts as may be necessary for the payment of any federal unemployment
benefits. All moneys payable to the fund, upon receipt thereof by the secretary, shall be
forwarded to the treasurer who shall immediately...
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19-4-41
Section 19-4-41 Deposit of treasury securities in federal reserve banks authorized; transfer
of ownership, etc., of securities; maintenance of records as to fiduciary accounts; rules
and regulations governing banks; certification of securities deposited for fiduciary accounts.
(a) Notwithstanding any other provision of law to the contrary, any bank holding treasury
securities as a fiduciary, as a cofiduciary or as a custodian or agent for another fiduciary
or fiduciaries is authorized, in the absence of specific provision to the contrary in the
governing instrument or court order under which the bank is acting, to deposit or arrange
for the deposit with the federal reserve bank in its district of such treasury securities
to be credited to one or more accounts on the books of said federal reserve bank in the name
of such bank to be designated trust or other accounts in accordance with rules and regulations
of the federal reserve bank, to which similar treasury securities deposited by...
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16-33C-6
Section 16-33C-6 PACT Program generally. (a) The PACT Program is established as one college
savings alternative under the plan whereby purchasers enter into PACT contracts for the future
payment of tuition and mandatory fees at eligible educational institutions. The PACT Program
includes the PACT Trust Fund and the PACT Administrative Fund created pursuant to this chapter.
(b) The official location of the trust fund shall be the State Treasurer's office, and the
facilities of the State Treasurer shall be used and employed in the administration of the
fund including, but without limitation thereto, the keeping of records, the management of
bank accounts and other investments, the transfer of funds, and the safekeeping of securities
evidencing investments. The PACT Trust Fund is hereby created as the source for payment of
the PACT Program's obligations under PACT contracts. The amounts on deposit in the PACT Trust
Fund shall not constitute property of the state, and the state may have no...
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19-3A-404
Section 19-3A-404 Principal receipts. A fiduciary shall allocate to principal: (1) To the extent
not allocated to income under this chapter, assets received from a transferor during the transferor's
lifetime, a decedent's estate, a trust with a terminating income interest, or a payer under
a contract naming the trust or its fiduciary as beneficiary; (2) Subject to any contrary rules
in Section 19-3A-401 through Section 19-3A-415, money or other property received from the
sale, exchange, liquidation, or change in form of a principal asset, including realized profit;
(3) Amounts recovered from third parties to reimburse the trust because of disbursements described
in Section 19-3A-502(c) or for other reasons not based on the loss of income; (4) Proceeds
of property taken by eminent domain, but a separate award made for the loss of income with
respect to an accounting period during which a current income beneficiary had a mandatory
income interest is income; (5) Net income received in an...
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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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45-37A-411
Section 45-37A-411 Sale of gas and water distribution systems; trust fund. (a) In the event
the Utilities Board of the City of Pleasant Grove or the City of Pleasant Grove should receive
proceeds from the sale of its gas and water distribution systems, there shall be established
an investment fund named Pleasant Grove Gas and Water Systems Sale Investment Fund. This fund
shall receive money from other sources in addition to that received from the sale of the gas
and water systems. (b) The trust fund shall be invested in any legal investments authorized
by state law, including securities, warrants, bonds, bank accounts, and other investments
that have been declared as legal investments for publicly held funds. The interest in the
trust fund may be expended or used for any lawful purpose. Up to 10 percent of the principal
in the trust fund may be expended each year for the purchase, repair, and replacement of municipal
infrastructure and equipment. All expenditures from the fund shall be...
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16-33C-10
Section 16-33C-10 ACES Program generally. (a) The ACES Program is established as one college
savings alternative under the plan whereby contributors open ACES savings accounts according
to savings agreements for the payment of qualified higher education costs for a designated
beneficiary at eligible educational institutions, terms as defined in Section 529 of the Internal
Revenue Code of 1986, as amended, or other applicable federal law. The ACES Program includes
the ACES Trust Fund, the ACES Administrative Fund, and the ACES Opportunity Enhancement Fund
created pursuant to this chapter. The ACES Program may be marketed under a different name
than ACES. (b) The ACES Trust Fund is hereby created and shall be comprised of separate ACES
savings accounts held in segregated accounts as established by savings agreements. Funds contributed
to the ACES savings accounts established pursuant to the ACES Program are held in trust by
the Savings Board for the sole benefit of the contributor and...
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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, ยง1.)...
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