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26-8-41
Section 26-8-41 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Application, etc., for order of removal. The application
for the order of removal must be made in writing, signed by the parent, guardian, or other
person having legal custody of the minor or ward, verified by affidavit and accompanied by
a transcript, duly certified, of the appointment of a conservator for such minor or ward by
a court of competent jurisdiction in the state of the residence of the parent, guardian, or
other person having legal custody of the minor and of the bond of such conservator with sureties
approved by such court; provided, that if the conservator so appointed is a corporate fiduciary
which, under the laws of the state wherein appointed, is not required to make bond, a certificate
from the appointing authority stating this may be filed in lieu of a copy of the conservator's
bond. (Code 1886, §2490; Code 1896, §2375; Code 1907,...
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40-16-1.1
Section 40-16-1.1 Taxation of trust as financial institution. (a) For purposes of this section,
"trust" shall have the same meaning given to it in Section 40-18-1. (b) Any trust
which would be subject to tax under Chapter 18 but which also is a financial institution shall
be taxed as a financial institution under this chapter, applying the applicable provisions
of subsections (a), (b), (d), (e), (f), (h), and (i) of Section 40-18-25. Such a trust shall
utilize the allocation and apportionment rules found in this chapter. (c) If a person is treated
as the owner of any portion of a trust pursuant to 26 U.S.C. §§ 671-679, relating to grantor
trusts, and if such person is a financial institution, the person shall take into account
the income, deductions, and credits of such trust as provided in 26 U.S.C. in computing its
net income under this chapter. Such person also may deduct the administrative and other expenses
of the portion of the trust which it is treated as owning. (Act...
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10A-17-1.15
Section 10A-17-1.15 Transition concerning real and personal property. (a) If, before January
1, 1996, an estate or interest in real or personal property was purportedly transferred to
a nonprofit association, on January 1, 1996 the estate or interest vests in the nonprofit
association unless the parties have treated the transfer as ineffective. (b) If, before January
1, 1996, the transfer vested the estate or interest in another person to hold the estate or
interest as a fiduciary for the benefit of the nonprofit association, its members, or both,
on or after January 1, 1996, unless otherwise prohibited by terms of a written trust, the
fiduciary may transfer the estate or interest to the nonprofit association in its name, or
the nonprofit association, by appropriate proceedings, may require that the estate or interest
be transferred to it in its name. (Acts 1995, No. 95-527, p. 1064, §15; §10-3B-15; amended
and renumbered by Act 2009-513, p. 967, §320.)...
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16-33C-3
Section 16-33C-3 Definitions. The following terms as used in this chapter shall have the meanings
ascribed to them, unless the context clearly indicates otherwise: (1) ABLE PROGRAM. The Achieving
a Better Life Experience Program established pursuant to this chapter and defined in Section
529A of the Internal Revenue Code of 1986, as amended, or other applicable federal law, to
assist individuals and families to save private funds to support individuals with disabilities
to maintain health, independence, and quality of life. (2) ABLE SAVINGS ACCOUNT. An individual
ABLE trust fund account established by a contributor pursuant to this chapter to apply distributions
from the account toward qualified disability expenses for an eligible designated beneficiary,
both terms as defined in Section 529A of the Internal Revenue Code of 1986, as amended, or
other applicable federal law. (3) ABLE TRUST FUND. The fiduciary trust fund established pursuant
to this chapter comprised of separate and...
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26-2B-302
Section 26-2B-302 Accepting guardianship or conservatorship transferred from another state.
(a) To confirm transfer of a guardianship or conservatorship transferred to this state under
provisions similar to Section 26-2B-301, the guardian or conservator must petition the court
in this state to accept the guardianship or conservatorship. The petition must include the
following: (1) a certified copy of the other state's provisional order of transfer; (2) an
inventory of the protected person's estate as of the date of the petition including certified
records of all bank accounts in the protected person's estate as of the date of the petition;
(3) proof of the conservator's bond; and (4) any final accounting of the protected person's
estate which has been submitted in the prior jurisdiction. If no such accounting was required
by the transferring court, the petitioner must prepare and submit an accounting prior to acceptance.
(b) Notice of a petition under subsection (a) must be given to...
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35-5A-6
Section 35-5A-6 Transfer by will or trust. (a) A personal representative or trustee may make
an irrevocable transfer pursuant to Section 35-5A-10 to a custodian for the benefit of a minor
as authorized in the governing will or trust. (b) If the testator or settlor has nominated
a custodian under Section 35-5A-4 to receive the custodial property, the transfer must be
made to that person. (c) If the testator or settlor has not nominated a custodian under Section
35-5A-4, or all persons so nominated as custodian dies before the transfer or are unable,
decline, or are ineligible to serve, the personal representative or the trustee, as the case
may be, shall designate the custodian from among those eligible to serve as custodian for
property of that kind under subsection (a) of Section 35-5A-10. (Acts 1986, No. 86-453, p.
819, §5.)...
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40-18-86
Section 40-18-86 Sale or transfer of real property and associated tangible property by nonresidents.
(a) As used in this section, the term nonresident of Alabama shall include individuals, trusts,
partnerships, corporations, and unincorporated organizations. Any seller or transferor who
meets all of the following conditions and who provides the buyer or transferee with an affidavit
signed under oath swearing or affirming that all of the following conditions are met will
be deemed a resident for purposes of this section: (1) The seller or transferor has filed
Alabama income tax returns or appropriate extensions have been received for the two income
tax years immediately preceding the year of sale. (2) The seller or transferor is in business
in Alabama and will continue substantially the same business in Alabama after the sale or
the seller or transferor has real property remaining in the state at the time of closing of
equal or greater value than the withholding tax liability as...
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7-8-108
Section 7-8-108 Warranties in direct holding. (a) A person who transfers a certificated security
to a purchaser for value warrants to the purchaser, and an indorser, if the transfer is by
indorsement, warrants to any subsequent purchaser, that: (1) the certificate is genuine and
has not been materially altered; (2) the transferor or indorser does not know of any fact
that might impair the validity of the security; (3) there is no adverse claim to the security;
(4) the transfer does not violate any restriction on transfer; (5) if the transfer is by indorsement,
the indorsement is made by an appropriate person, or if the indorsement is by an agent, the
agent has actual authority to act on behalf of the appropriate person; and (6) the transfer
is otherwise effective and rightful. (b) A person who originates an instruction for registration
of transfer of an uncertificated security to a purchaser for value warrants to the purchaser
that: (1) the instruction is made by an appropriate person,...
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19-3A-414
Section 19-3A-414 Derivative instruments and options. (a) In this section, "derivative
instrument" means a contract, a financial instrument, or a combination of contracts and
financial instruments which gives a trust the right or obligation to participate in some or
all changes in the price of a tangible or intangible asset or group of assets, or changes
in a rate, an index of prices or rates, or other market indicator for an asset or a group
of assets. (b) To the extent that a fiduciary does not account under Section 19-3A-403 for
transactions in derivative instruments, the fiduciary shall allocate to principal receipts
from and disbursements made in connection with those transactions. (c) If a fiduciary grants
an option to buy property from the trust, whether or not the trust owns the property when
the option is granted, grants an option that permits another person to sell property to the
trust, or acquires an option to buy property for the trust or an option to sell an asset owned...
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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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