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19-4-21
Section 19-4-21 Holding in bulk of securities constituting assets of different fiduciary accounts
authorized; registration of securities; maintenance of records as to fiduciary accounts; rules
and regulations governing banks; certification of securities held for fiduciary accounts.
(a) Notwithstanding any other provision of law to the contrary, any bank holding 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 hold such securities in a manner such that,
without certification as to ownership attached, certificates representing securities of the
same class of the same issuer and from time to time constituting assets of different fiduciary
accounts are held in bulk, including, to the extent feasible, the merging of certificates
of smaller denominations into one or more certificates of...
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19-4A-3
Section 19-4A-3 Short-term investment vehicle. In the absence of specific instructions in the
governing document, the fiduciary shall invest idle funds in each fiduciary account in a short-term
investment vehicle, which may include a deposit in an interest-bearing account, a money market
mutual fund, or any other generally accepted investment vehicle for the investment of idle
funds. Such deposit in an interest-bearing account may be in the fiduciary's own commercial
bank or any affiliate thereof. Such investment in a money market mutual fund or any other
generally accepted investment vehicle may include: (1) a mutual fund or investment vehicle
provided by a third party vendor, even if the bank or trust company or any affiliate thereof
receives separate compensation from the vendor, or (2) a mutual fund or investment vehicle
provided by the bank or trust company or any affiliate thereof for which the bank or trust
company or any affiliate thereof may receive compensation as the mutual...
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35-5A-4
Section 35-5A-4 Nomination of custodian. (a) A person having the right to designate the recipient
of property transferable upon the occurrence of a future event may revocably nominate a custodian
to receive the property for a minor beneficiary upon the occurrence of the event by naming
the custodian followed in substance by the words: "as custodian for ___ (name of minor)
under the Alabama Uniform Transfers to Minors Act." The nomination may name one or more
persons as substitute custodians to whom the property must be transferred, in the order named,
if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible
to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising
a power of appointment, or in a writing designating a beneficiary of contractual rights which
is registered with or delivered to the payor, issuer, or other obligor of the contractual
rights. (b) A custodian nominated under this section must be a...
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38-9B-2
CO-TRUSTEE. Any person named by the settlor to work with the trustee in providing benefits
to a life beneficiary, except neither a contributor nor a contributor's spouse shall be the
co-trustee if the contributor or the contributor's spouse is the life beneficiary. (9) DEPARTMENT.
The Alabama Department of Mental Health. (10) IMPAIRMENT. A mental or physical disability
that substantially limits one or more major life activities, whether the impairment is congenital
or acquired by accident, injury, age, or disease, and where the impairment is verified
by medical findings that meet the medical-vocational requirements for a finding of disability
under Section 223(d) of the Social Security Act, 42 U.S.C. Section 423(d), or under Section
1614 of the Social Security Act, 42 U.S.C. Section 1382c. (11) LIFE BENEFICIARY. A beneficiary
designated by a settlor. (12) NET INCOME. The earnings received on investments less expenses
and fees for administration. (13) REQUESTING PARTY. The party...
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40-18-442
Section 40-18-442 (Effective for tax returns due on or after January 1, 2018) Definitions.
When used in this article, the following terms shall have the following meanings: (1) DEPARTMENT.
The Alabama Department of Revenue. (2) INCOME TAX RETURN PREPARER. (a) A person who prepares
for compensation, or who employs one or more persons to prepare for compensation, any income
tax return or claim for refund, required to be filed pursuant to this chapter. The preparation
of a substantial portion of a return or claim for refund shall be treated as the preparation
of that return or claim for refund. (b) A person is not an income tax preparer if all he or
she solely performs the following duties: 1. furnishes typing, reproducing, or other mechanical
assistance; 2. prepares returns or claims for refunds for the employer by whom he or she is
regularly and continuously employed, or for an affiliate of that employer, including a subchapter
K entity for which he or she prepares a return; 3. prepares...
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10A-2-8.60
Section 10A-2-8.60 Definitions. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. In this division: (1) "Conflicting
interest" with respect to a corporation means the interest a director of the corporation
has respecting a transaction effected or proposed to be effected by the corporation, or by
a subsidiary of the corporation or any other entity in which the corporation has a controlling
interest, if: (i) Whether or not the transaction is brought before the board of directors
of the corporation for action, the director knows at the time of commitment that he or she
or a related person is a party to the transaction or has a beneficial interest in or so closely
linked to the transaction and of the financial significance to the director or a related person
that the interest would reasonably be expected to exert an influence on the director's judgement
if the director were called upon to vote on the transaction; or...
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10A-5-6.04
Section 10A-5-6.04 Death or incompetency of member. REPEALED IN THE 2014 REGULAR SESSION BY
ACT 2014-144 EFFECTIVE JANUARY 1, 2017. (a) Except as otherwise provided in the governing
documents: (1) If a member who is an individual dies or if a court of competent jurisdiction
adjudges a member to be incompetent to manage the member's person or property, the member's
personal representative, conservator, legal representative, heirs, or legatees may
exercise all the member's financial rights for the purpose of settling the member's estate
or administering the member's property, including any power the member had to transfer the
membership interest. (2) If a member is a corporation, limited liability company, trust, general
partnership, limited partnership, registered limited liability partnership, custodianship,
or other entity and is dissolved or terminated, the financial rights of that member may be
exercised by the legal representative or successor of that member. (b) The personal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-5-6.04.htm - 2K - Match Info - Similar pages
10A-5A-5.02
Section 10A-5A-5.02 Transfer of transferable interest. (a) A transfer, in whole or in part,
of a transferable interest: (1) is permissible; (2)(A) does not by itself cause a member to
cease to be a member of the limited liability company; and (B) does not by itself cause a
member to cease to be associated with a series of the limited liability company; (3) does
not by itself cause a dissolution and winding up of the limited liability company, or a series
thereof; and (4) subject to Section 10A-5A-5.04, does not entitle the transferee to: (A) participate
in the direction or oversight of the activities and affairs of the limited liability company,
or a series thereof; or (B) have access to records or other information concerning the activities
and affairs of the limited liability company, or a series thereof. (b) A transferee has the
right to receive, in accordance with the transfer, distributions to which the transferor would
otherwise be entitled. (c) A transferable interest may be...
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10A-9A-6.01
but this subsection (6) shall not apply to a person who is the sole remaining limited partner
of the limited partnership; (7) in the case of a person that is a trust or is acting as a
limited partner by virtue of being a trustee of a trust, the trust's entire transferable interest
in the limited partnership is distributed, but not solely by reason of the substitution of
a successor trustee; (8) in the case of a person that is an estate or is acting as a limited
partner by virtue of being a personal representative of an estate, the estate's entire
transferable interest in the limited partnership is distributed, but not solely by reason
of the substitution of a successor personal representative; (9) in the case of a person
that is not an individual, the legal existence of the person otherwise terminates; (10) the
transfer of a limited partner's entire remaining transferable interest to another partner;
(11) the transfer of a limited partner's entire remaining transferable interest to a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-6.01.htm - 4K - Match Info - Similar pages
11-86A-16
Section 11-86A-16 Application of proceeds from the sale of bonds; source of payment; pledge
of county's or municipality's credit; negotiability; exemption from taxation; pledge as security
for funds belonging to a public person; investment in bonds by fiduciaries; no public hearing
required; investment in bonds by Teachers' Retirement System of Alabama, the Employees' Retirement
System of Alabama, and the State Insurance Fund; investment in bonds by public persons. (a)
The proceeds from the sale of any bonds shall be applied as provided in the proceedings in
which the bonds are authorized to be issued, including, without limitation, the payment of
all legal, fiscal, and recording fees and expenses incurred in connection with the authorization,
sale, and issuance of the bonds and, if provided in the proceedings authorizing their issuance,
interest on the bonds (or if only a part of any issue of bonds is issued for acquisition purposes,
interest on that portion of the bonds of that issue...
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