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43-2-502
Section 43-2-502 Filing of account, etc. - Generally. In making settlements of an administration,
the executor or administrator must proceed as follows: He must make out an account between
himself and the estate he represents, charging himself with all the assets of the deceased
which have come into his possession, except the lands, and crediting himself with all the
credits he is by law entitled to; which account, verified by his oath, must be filed with
the judge of probate of the court having jurisdiction. With such account he must also file
written evidence in his possession, on which he relies to sustain the credit side of such
account, which may consist of an affidavit or any other legal evidence, in the discretion
of the executor or administrator. He must, at the same time, file a statement, on oath, of
the names of the heirs and legatees of such estate, specifying particularly which are under
the age of 19 years; and, if any of them are persons of unsound mind, it must be...
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43-8-115
Section 43-8-115 Discharge of debtor from liability for wages, etc., owed intestate former
employee of another; status of funds paid under this section. (a) Whenever an employee of
another shall die intestate and there shall be due him or her any sum as wages or salary the
debtor may discharge himself or herself from liability therefor by paying such amount to the
surviving spouse of the deceased employee or, if there is no surviving spouse to the person
having the legal custody and control of his or her minor child or children, or either as the
case may be, who may commence an action for and recover the same as part of the property or
allowance exempted to them. (b) Any sums paid in accordance with subsection (a) shall be considered
as part of the exempt property, as defined in Section 43-8-111; and, if the sums exceed seven
thousand five hundred dollars ($7,500) the excess shall be considered part of the family allowance,
as defined in Section 43-8-112. (Acts 1984, 1st Ex. Sess., No....
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45-2-83.40
Section 45-2-83.40 Deposit of will during life of testator. (a) Any testator who resides in
Baldwin County may deposit his or her will with the Baldwin County Probate Court. The will
shall be sealed in an envelope with the name and address of the testator and the date of deposit
noted thereon. If the will is deposited by a person other than the testator, that fact also
shall be noted on the envelope. The size of the envelope may be regulated by the Baldwin County
Probate Court to provide uniformity and ease of filing. (b) The judge of probate shall issue
a receipt for the deposit of the will and shall maintain a registry of all wills deposited
in the probate court. The original will, unless withdrawn pursuant to subsection (c) or opened
after death of the testator pursuant to subsection (d), shall be kept on file. (c) A testator
may withdraw the testator's will during the testator's lifetime, but the judge of probate
shall deliver the will only to the testator personally or to a person...
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5-17-44
Section 5-17-44 Removal from office of administrator or board member. (a) The administrator
or any member of the Credit Union Board may be removed from office by a vote of two thirds
of the members of the entire Credit Union Board for: (1) neglect of duty; (2) malfeasance;
(3) misfeasance; (4) extortion or corruption in office; (5) incompetency; (6) intemperance
in the use of intoxicating liquors or narcotics to such an extent, in view of the dignity
of the office and the importance of its duties, as to render such person unfit for the discharge
of his duties; or (7) any offense involving moral turpitude while in office, committed under
color thereof or connected therewith. (b) The administrator may also be removed from office,
without cause, upon written order of four appointed members of the Credit Union Board and
the Governor. (Acts 1985, No. 85-457, p. 425, ยง21.)...
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10A-5A-4.08
Section 10A-5A-4.08 Duties of persons with direction and oversight. (a)(1) The duties a person
who has the authority to direct and oversee the activities and affairs of a limited liability
company owes to the limited liability company and to the members of the limited liability
company include the duty of loyalty and the duty of care as described in subsections (b) and
(d)(1). (2) The duties a person who has the authority to direct and oversee the activities
and affairs of a series of a limited liability company owes to that series and the members
associated with that series include the duty of loyalty and the duty of care as described
in subsections (c) and (d)(2). (b) The duty of loyalty of a person described in subsection
(a)(1) to a limited liability company and its members includes each of the following: (1)
To account to the limited liability company and to hold as trustee for it any property, profit,
or benefit derived by that person in the conduct or winding up of the limited...
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35-5A-2
Section 35-5A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ADULT. An individual
who has attained the age of 21 years. (2) BENEFIT PLAN. An employer's plan for the benefit
of an employee or partner, or an individual retirement account. (3) BROKER. A person lawfully
engaged in the business of effecting transactions in securities or commodities for the person's
own account or for the account of others. (4) CONSERVATOR. A person appointed or qualified
by a court to act as general, limited, or temporary guardian of a minor's property or a person
legally authorized to perform substantially the same functions. (5) COURT. Circuit court.
(6) CUSTODIAL PROPERTY. a. Any interest in property transferred to a custodian under this
chapter and b. The income from and proceeds of that interest in property. (7) CUSTODIAN. A
person so designated under Section 35-5A-10 or a successor or...
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40-18-21
Section 40-18-21 Credits for taxes paid on income from sources outside the state and for job
development fees. (a)(1) For the purpose of ascertaining the income tax due under the provisions
of this chapter by individual residents of Alabama whose gross income, as defined herein,
is derived from sources both within and outside the State of Alabama, there shall be allowed
a credit against the amount of tax found to be due by such resident, on account of income
derived from outside the State of Alabama, the amount of income tax actually paid by such
resident to any state or territory on account of business transacted or property held, directly
or indirectly, outside the State of Alabama. Resident individual owners of Subchapter K entities,
Alabama S corporations, and beneficiaries of estates or trusts who include their proportionate
share of the income arising from one or more of these entities in their Alabama gross income
shall be allowed a credit for their proportionate share of the...
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10A-11-1.10
Section 10A-11-1.10 Internal capital accounts. (a) Any employee cooperative may establish through
its governing documents a system of internal capital accounts, to reflect the book value and
to determine the redemption price of membership shares, capital stock, and written notices
of allocation. (b) The governing documents of an employee cooperative may permit the periodic
redemption of written notices of allocation and capital stock, and shall provide for recall
and redemption of the membership share upon termination of membership in the cooperative.
No redemption shall be made if the redemption would result in the liability of any director
or officer of the employee cooperative. (c) The governing documents may provide for the employee
cooperative to pay or credit interest on the balance in each member's internal capital account.
(d) The governing documents may authorize assignment of a portion of retained net earnings
and net losses to a collective reserve account. Earnings assigned...
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10A-5A-7.06
Section 10A-5A-7.06 Application of assets in winding up limited liability company's activities
and affairs. Notwithstanding Section 10A-1-9.12, upon the winding up of a limited liability
company, the assets shall be applied as follows: (a) Payment, or adequate provision for payment,
shall be made to creditors, including, to the extent permitted by law, members who are creditors,
in satisfaction of liabilities of the limited liability company. (b) After a limited liability
company complies with subsection (a), any surplus must be distributed: (1) first, to each
person owning a transferable interest that reflects contributions made on account of the transferable
interest and not previously returned, an amount equal to the value of the person's unreturned
contributions; and (2) then to each person owning a transferable interest in the proportions
in which the owners of transferable interests share in distributions before dissolution. (c)
If the limited liability company does not have...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-5A-7.06.htm - 1K - Match Info - Similar pages
10A-8A-5.03
Section 10A-8A-5.03 Rights of creditor of partner or transferee. (a) On application to a court
of competent jurisdiction by any judgment creditor of a partner or transferee, the court may
charge the transferable interest of the judgment debtor with payment of the unsatisfied amount
of the judgment with interest. To the extent so charged and after the partnership has been
served with the charging order, the judgment creditor has only the right to receive any distribution
or distributions to which the judgment debtor would otherwise be entitled in respect of the
transferable interest. (b) The partnership, after being served with a charging order and its
terms, shall be entitled to pay or deposit any distribution or distributions to which the
judgment debtor would otherwise be entitled in respect of the charged transferable interest
into the hands of the clerk of the court so issuing the charging order, and the payment or
deposit shall discharge the partnership and the judgment debtor...
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