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10A-20-8.08
Section 10A-20-8.08 Declaratory actions - Judgment. If on final hearing the court shall find
that the organization of the plaintiff corporation, subject to such further or amended conditions
or provisions as the court may require or approve, is equitable and appropriate for administration
as a fraternal or charitable trust and that the withdrawal of the fraternal property from
subjection to the action complained of is equitable and appropriate under the cy-pres doctrine
or otherwise, the court shall enter judgment accordingly, declaring the status, rights, and
equities involved and, on final compliance, shall order its approval for the record, as well
as grant any other relief appropriate in the premises. (Acts 1961, Ex. Sess., No. 176, p.
2137, §7; §10-4-177; amended and renumbered by Act 2009-513, p. 967, §338.)...
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19-3D-26
Section 19-3D-26 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. LATER-DISCOVERED PROPERTY.
(a) Except as otherwise provided in subsection (c), if exercise of the decanting power was
intended to distribute all the principal of the first trust to one or more second trusts,
later-discovered property belonging to the first trust and property paid to or acquired by
the first trust after the exercise of the power is part of the trust estate of the second
trust or trusts. (b) Except as otherwise provided in subsection (c), if exercise of the decanting
power was intended to distribute less than all the principal of the first trust to one or
more second trusts, later-discovered property belonging to the first trust or property paid
to or acquired by the first trust after exercise of the power remains part of the trust estate
of the first trust. (c) An authorized fiduciary may provide in an...
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34-23-181
Section 34-23-181 Definitions. The following words shall have the following meanings as used
in this article: (1) HEALTH BENEFIT PLAN. Any individual or group plan, employee welfare benefit
plan, policy, or contract for health care services issued, delivered, issued for delivery,
or renewed in this state by a health care insurer, health maintenance organization, accident
and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit
medical service corporation, health care service plan, or any other person, firm, corporation,
joint venture, or other similar business entity that pays for insureds or beneficiaries in
this state. The term includes, but is not limited to, entities created pursuant to Article
6 of Chapter 20 of Title 10A. A health benefit plan located or domiciled outside of the State
of Alabama is deemed to be subject to this article if it receives, processes, adjudicates,
pays, or denies claims for health care services submitted by or...
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45-20-150
Section 45-20-150 Definitions. As used in this article the following words shall have the following
meanings: (1) BINGO. The game where numbers or symbols on a card are matched with numbers
or symbols selected at random. (2) BINGO SESSION. A consecutive period of time during which
bingo is played on a given day. (3) LOCATION. A single building, hall, enclosure, or outdoor
area used for the purpose of playing bingo pursuant to a permit issued under this article.
(4) PERMIT HOLDER. A qualified organization which has a permit pursuant to this article. (5)
PERSON. Any human being, corporation, association, or other legal entity. (6) QUALIFIED ORGANIZATION.
A bona fide religious, educational, service, senior citizens, fraternal, or veterans organization
which qualifies as an exempt organization under Section 50l(c) of the Internal Revenue Code
and which operates without profit to its members and, except for special permit holders issued
pursuant to Section 45-20-150.03, which has been in...
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19-3B-409
Section 19-3B-409 Noncharitable trust without ascertainable beneficiary. Except as otherwise
provided in Section 19-3B-408 or by another statute, the following rules apply: (1) A trust
may be created for a noncharitable purpose without a definite or definitely ascertainable
beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee.
The trust may not be enforced for more than 21 years. (2) A trust authorized by this section
may be enforced by a person appointed in the terms of the trust or, if no person is so appointed,
by a person appointed by the court. (3) Property of a trust authorized by this section may
be applied only to its intended use, except to the extent the court determines that the value
of the trust property exceeds the amount required for the intended use. Except as otherwise
provided in the terms of the trust, property not required for the intended use must be distributed
to the settlor, if then living, otherwise to the settlor's...
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27-1-4
Section 27-1-4 Applicability of title - Exemptions. This title shall not apply as to: (1) Any
fraternal or other organization or activity which is exempted from the provisions of Chapter
34 under Section 27-34-5, except to the extent provided in such section; (2) Nonprofit corporations
for establishment of hospitalization plan under Section 10-4-100 et seq., except to the extent
now or hereafter provided in such laws; (3) The insurance department of a brotherhood or labor
union, the members of which are subject to the act of Congress known as the Railway Labor
Act; or (4) The establishment, maintenance, administration, and operation of any trust established
pursuant to Section 22-21-240 by agreement of any hospitals, other health care units or dental
practitioners licensed as such by the State of Alabama. (Acts 1971, No. 407, p. 707, §12;
Acts 1977, No. 166, p. 226, §1; Acts 1978, 2nd Ex. Sess., No. 24, p. 1703, §1.)...
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19-3B-408
Section 19-3B-408 Trust for care of animal. (a) A trust may be created to provide for the care
of an animal alive during the settlor's lifetime. The trust terminates upon the death of the
animal or, if the trust was created to provide for the care of more than one animal alive
during the settlor's lifetime, upon the death of the last surviving animal. (b) A trust authorized
by this section may be enforced by a person appointed in the terms of the trust or, if no
person is so appointed, by a person appointed by the court. A person having an interest in
the welfare of the animal may request the court to appoint a person to enforce the trust or
to remove a person appointed. (c) Property of a trust authorized by this section may be applied
only to its intended use, except to the extent the court determines that the value of the
trust property exceeds the amount required for the intended use. Except as otherwise provided
in the terms of the trust, property not required for the intended use...
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35-10-15
Section 35-10-15 Successive sales under power permitted. The sale of any part of the property
conveyed by mortgage, deed of trust, or other instruments intended to secure the payment of
money, either under a power of sale contained in a mortgage, or by a judicial foreclosure,
shall operate as a foreclosure of the mortgage only as to the property sold, and if the mortgage
indebtedness is not thereby satisfied in full, the other property contained in the mortgage
continues as security for the mortgage debt and there may be a further foreclosure of the
mortgage, either by sale under power of sale or by foreclosure. Every power of sale contained
in mortgages unless otherwise expressly provided therein, is held to give a continuing power
of sale authorizing the mortgagee or his assignee after default, to sell the mortgaged property
from time to time in separate lots or parcels. (Acts 1988, 1st Ex. Sess., No. 88-906, p. 479,
§5.)...
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45-35-150
Section 45-35-150 Definitions. As used in this article the following words shall have the following
meanings: (1) BINGO. The game, commonly known as bingo, where numbers or symbols on a card
are matched with numbers or symbols selected at random. (2) BINGO SESSION. A consecutive period
of time not to exceed five consecutive hours during which bingo is played in a given day and
not to exceed one day in a given week. (3) LOCATION. A single building, hall, enclosure, or
outdoor area used for the purpose of playing bingo pursuant to a permit issued under this
article. (4) PERMIT HOLDER. A qualified organization or qualified club which has a permit
pursuant to this article. (5) PERSON. Any human being, corporation, association, or other
legal entity. (6) QUALIFIED CLUB. A private club with annual membership dues of five hundred
dollars ($500) or more per membership. (7) QUALIFIED ORGANIZATION. A bona fide religious,
educational, service, senior citizens, fraternal, or veterans' organization...
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45-37-150.01
Section 45-37-150.01 Definitions. As used in this article: (1) BINGO. That specific kind of
game commonly known as bingo in which prizes are awarded on the basis of designated numbers
or symbols on a card or electronic marking machine conforming to numbers or symbols selected
at random. (2) CHIEF OF POLICE. The chief of police of any municipality electing to establish
a bingo ordinance parallel, or similar, to this article to apply in the municipality. (3)
EDUCATION ORGANIZATION. An organization within this state, not for pecuniary profit, whose
primary purpose is education in nature and designed to develop the capabilities of individuals
by instruction in any public or private elementary or secondary school, or any private college,
not for pecuniary profit, and approved by the State Department of Education. (4) EQUIPMENT.
The receptacle and numbered objects drawn from it, the master board upon which such objects
are placed as drawn, the cards or sheets bearing numbers or other...
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