|
26-8-45
Section 26-8-45 Removal of property or money when minor or ward and conservator nonresidents
- When removal of person and estate of minor or ward permitted. The guardian may remove the
person or the conservator may remove the estate of a minor or ward to another state by making
a full settlement with the judge of the probate court where his or her letters were granted
of his or her conservator accounts and by procuring a transcript of the record of a court
of competent jurisdiction of such other state, certified according to the act of Congress,
showing the appointment of such person as guardian or conservator of the minor or ward, the
execution of bond by the conservator with surety for the performance of the trust. Thereupon,
the judge of probate must make an order authorizing such removal. (Code 1852, §2031; Code
1867, §2441; Code 1876, §2796; Code 1886, §2493; Code 1896, §2379; Code 1907, §4469;
Code 1923, §8242; Code 1940, T. 21, §114; Acts 1987, No. 87-590, p. 975,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-8-45.htm - 1K - Match Info - Similar pages
35-5A-12
Section 35-5A-12 Validity of transfer; interest conveyed; rights of custodian and minor as
to property transferred; provisions of chapter incorporated in transfer; transfer does not
authorize settlement or release of claims. (a) The validity of a transfer made in a manner
prescribed in this chapter is not affected by: (1) Failure of the transferor to comply with
section 35-5A-10(c) concerning possession and control; (2) Designation of an ineligible custodian,
except designation of the transferor in the case of property for which the transferor is ineligible
to serve as custodian under section 35-5A-10(a); or (3) Death or incapacity of a person nominated
under section 35-5A-4 or designated under section 35-5A-10 as custodian or the disclaimer
of the office by that person. (b) A transfer made pursuant to section 35-5A-10 is irrevocable,
and conveys to the minor indefeasibly vested title to the custodial property, but the custodian
has the rights, powers, duties, and authority provided in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-5A-12.htm - 2K - Match Info - Similar pages
44-1-92
Section 44-1-92 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER. THIS SECTION HAS NOT BEEN
CODIFIED BY THE LEGISLATURE. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) There is hereby
created the Department of Youth Services Capital Improvement Trust Fund and the Youth Services
Capital Improvement Trust Fund Income Account as separate funds in the state treasury. Any
unexpended or unencumbered balances in the funds shall not revert at the end of each fiscal
year, but shall remain in the funds and may be carried over into each succeeding fiscal year.
Any income earned on the trust income account shall accrue to the fund. The funds shall be
administered by the State Treasurer, which shall be entitled to a reasonable fee for the administration.
All investments shall be made pursuant to the same authority and restrictions that apply to
the investment of State funds. (b) Funding to the Department of Youth Services Capital Improvement
Trust Fund shall consist of funds resulting from the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/44-1-92.htm - 3K - Match Info - Similar pages
8-6-77
Section 8-6-77 (Repealed effective January 1, 1997) Adverse claims. (a) A person asserting
a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment
by a fiduciary may give the corporation or transfer agent written notice of the claim. The
corporation or transfer agent is not put on notice unless the written notice identifies the
claimant, the registered owner, and the issue of which the security is a part, provides an
address for communications directed to the claimant, and is received before the transfer.
Nothing in this article relieves the corporation or transfer agent of any liability for making
or refusing to make the transfer after it is so put on notice, unless it proceeds in the manner
authorized in subsection (b) of this section. (b) As soon as practicable after the presentation
of a security for transfer pursuant to an assignment by a fiduciary, a corporation or transfer
agent which has received notice of a claim of beneficial interest...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-6-77.htm - 1K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-1-2.htm - 1K - Match Info - Similar pages
26-2B-301
Section 26-2B-301 Transfer of guardianship or conservatorship to another state. (a) A guardian
or conservator appointed in this state may petition the court to transfer the guardianship
or conservatorship to another state. (b) Notice of a petition under subsection (a) must be
given to the persons that would be entitled to notice of a petition in this state for the
appointment of a guardian or conservator pursuant to Section 26-2A-103 as required by Section
26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings Act. (c) On the court's
own motion or on request of the guardian or conservator, the incapacitated or protected person,
or other person required to be notified of the petition, the court shall hold a hearing on
a petition filed pursuant to subsection (a). (d) The court shall issue a provisional order
granting a petition to transfer a guardianship and shall direct the guardian to petition for
guardianship in the other state if the court is satisfied that the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2B-301.htm - 3K - Match Info - Similar pages
26-8-46
Section 26-8-46 Removal of property or money when minor or ward and conservator nonresidents
- Transcript showing appointment as conservator of minor or ward in state of residence, etc.;
notice to resident administrator, guardian, etc.; entry of order authorizing removal of property
to state of residence. The conservator must produce a transcript from the records of a court
of competent jurisdiction, certified according to the act of Congress, showing that he or
she has been appointed conservator of the minor or ward in the state in which he or she and
the minor or ward reside and has duly qualified as such according to the laws thereof and
given bond, with surety, for the performance of his or her trust; and must also give 10 days'
notice to the resident executor, administrator, or conservator, if there is such, of the intended
application. Thereupon, if good cause is not shown to the contrary and the judge of probate
shall be satisfied, upon proof being made, that it will be for the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-8-46.htm - 1K - Match Info - Similar pages
10A-2-6.27
Section 10A-2-6.27 Restriction on transfer of shares and other securities. REPEALED IN THE
2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT
CODE SUPPLEMENT. (a) The articles of incorporation, bylaws, an agreement among shareholders,
or an agreement between shareholders and the corporation may impose restrictions on the transfer
or registration of transfer of shares of corporation. A restriction does not affect shares
issued before the restriction was adopted unless the holders of the shares are parties to
the restriction agreement or voted in favor of the restriction. (b) A restriction on the transfer
or registration of transfer of shares is valid and enforceable against the holder or a transferee
of the holder including an executor, administrator, trustee, guardian, conservator or other
fiduciary entrusted with like responsibility for the person or estate of the holder, provided
the restriction is authorized by this section and, as provided by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2-6.27.htm - 3K - Match Info - Similar pages
19-3-120.2
Section 19-3-120.2 Standards for fiduciary investment and management. (a) When investing, reinvesting,
purchasing, acquiring, exchanging, selling and managing property for the benefit of another,
a trustee, executor, administrator, guardian, conservator or other fiduciary, other than a
trustee governed by Chapter 3B, shall act with the care, skill, prudence, and diligence under
the circumstances then prevailing that a prudent person acting in a like capacity and familiar
with such matters would use to attain the purposes of the account. In making investment decisions,
a fiduciary shall consider the role that the investment plays within the account's overall
portfolio of assets and may consider the general economic conditions, the anticipated tax
consequences of the investment, the anticipated duration of the account and the needs of the
beneficiaries of the account. (b) The propriety of an investment decision is to be determined
by what a fiduciary knew or should have known at the time...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3-120.2.htm - 3K - Match Info - Similar pages
19-3A-301
Section 19-3A-301 When right to income begins and ends. (a) An income beneficiary is entitled
to net income from the date on which the income interest begins. An income interest begins
on the date specified in the terms of the trust or, if no date is specified, then on the date
an asset becomes subject to a trust or a successive income interest. (b) An asset becomes
subject to a trust at the following times: (1) In the case of an asset that is transferred
to a trust during the transferor's life, on the date such asset is transferred to the trust;
(2) In the case of an asset that becomes subject to a trust by reason of a will, on the date
of a testator's death, even if there is an intervening period of administration of the testator's
estate; or (3) In the case of an asset that is transferred to a fiduciary by a third party
because of the individual's death, on the date of an individual's death. (c) An asset becomes
subject to a successive income interest on the day after the preceding...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3A-301.htm - 1K - Match Info - Similar pages
|