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19-3B-706
Section 19-3B-706 Removal of trustee. (a) The settlor, a co-trustee, or a beneficiary may request
the court to remove a trustee, or a trustee may be removed by the court on its own initiative.
(b) The court may remove a trustee if: (1) the trustee has committed a serious breach of trust;
(2) lack of cooperation among co-trustees substantially impairs the administration of the
trust; (3) because of unfitness, unwillingness, or persistent failure of the trustee to administer
the trust effectively, the court determines that removal of the trustee best serves the interests
of the beneficiaries; or (4)(A) there has been a substantial change of circumstances or removal
is requested by all of the qualified beneficiaries; (B) the court finds that removal of the
trustee best serves the interests of all of the beneficiaries and is not inconsistent with
a material purpose of the trust; and (C) a suitable co-trustee or successor trustee is available.
(c) Pending a final decision on a request to...
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19-3B-704
Section 19-3B-704 Vacancy in trusteeship; appointment of successor. (a) A vacancy in a trusteeship
occurs if: (1) a person designated as trustee rejects the trusteeship; (2) a person designated
as trustee cannot be identified or does not exist; (3) a trustee resigns; (4) a trustee is
disqualified or removed; (5) a trustee dies; or (6) a guardian or conservator is appointed
for an individual serving as trustee. (b) If one or more co-trustees remain in office, then
a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if
the trust has no remaining trustee. (c) A vacancy in a trusteeship of a noncharitable trust
that is required to be filled must be filled in the following order of priority: (1) by a
person designated in the terms of the trust to act as successor trustee; (2) by a person appointed
by unanimous agreement of the adult qualified beneficiaries and any entity which is a qualified
beneficiary; or (3) by a person appointed by the court. (d) A...
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19-3D-19
Section 19-3D-19 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. TAX-RELATED LIMITATIONS.
(a) In this section the following terms have the following meanings: (1) GRANTOR TRUST. A
trust as to which a settlor of a first trust is considered the owner under 26 U.S.C. Sections
671 through 677, as amended, or 26 U.S.C. Section 679, as amended. (2) INTERNAL REVENUE CODE.
The United States Internal Revenue Code of 1986, as amended. (3) NONGRANTOR TRUST. A trust
that is not a grantor trust. (4) QUALIFIED BENEFITS PROPERTY. Property subject to the minimum
distribution requirements of 26 U.S.C. Section 401(a)(9), as amended, and any applicable regulations,
or to any similar requirements that refer to 26 U.S.C. Section 401(a)(9) or the regulations.
(b) An exercise of the decanting power is subject to the following limitations: (1) If a first
trust contains property that qualified, or would have...
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19-3B-1304
Section 19-3B-1304 Trusts for employees or self-employed persons. (a) A trust of real or personal
property or real and personal property combined: (1) which is created by an employer as part
of a stock bonus plan, pension plan, disability or death benefit plan, or profit-sharing plan,
for the exclusive benefit of some or all his or her employees, to which contributions are
made by such employer or employees, or both, for the purpose of distribution to such employees
the earnings of the principal, or both earnings and principal of the fund so held in trust;
or (2) which is created by a self-employed person or group of self-employed persons and: a.
which is part of a retirement, disability, or death benefit plan for such self-employed person
or persons; and b. contributions to which are deductible, in whole or in part, from gross
income for federal income tax purposes under the internal revenue laws of the United States;
or (3) which is created for the collective investment of the funds...
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19-3B-816
Section 19-3B-816 Specific powers of trustee. (a) Without limiting the authority conferred
by Section 19-3B-815, a trustee may: (1) collect trust property and accept or reject additions
to the trust property from a settlor or any other person, including, but not being limited
to, the authority to receive, collect, hold, and retain common or preferred stock or other
interests in the trustee or any related party; (2) acquire or sell property, for cash or on
credit, at public or private sale; (3) exchange, partition, or otherwise change the character
of trust property; (4) deposit trust money in an account in a regulated financial-service
institution; (5) borrow money, with or without security, and mortgage or pledge trust property
for a period within or extending beyond the duration of the trust; (6) with respect to an
interest in a proprietorship, partnership, limited liability company, business trust, corporation,
or other form of business or enterprise, continue the business or other...
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27-17A-47
Section 27-17A-47 Establishment and management of endowment care fund. (a) Every cemetery authority
operating an endowment care cemetery shall establish an endowment care fund which shall be
placed with and held by a bank, trust company, savings and loan association, or other financial
institution authorized to provide trust services under Title 5, as amended, or under the applicable
laws of the United States or any other state, or a board of trustees, consisting of at least
three members, who shall reside in the State of Alabama, one of whom is engaged in outside
cemetery management, and each of whom shall be bonded to honestly perform the duties of trustee
under a formal trust agreement. (b) Except as specifically provided in this subsection, commencing
on July 1, 2014, a person serving on a board of trustees or cemetery authority may not also
serve as a trustee of an endowment care fund for the cemetery authority. A board of trustees
in existence on July 1, 2014, may continue to...
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35-5A-7
Section 35-5A-7 Other transfer by fiduciary. (a) Subject to subsection (c), a personal representative
or trustee may make an irrevocable transfer to another adult or trust company as custodian
for the benefit of a minor pursuant to Section 35-5A-10, in the absence of a will or under
a will or trust that does not contain an authorization to do so. (b) Subject to subsection
(c), a conservator may make an irrevocable transfer to another adult or trust company as custodian
for the benefit of the minor pursuant to Section 35-5A-10. (c) A transfer under subsection
(a) or (b) may be made only if (1) the personal representative, trustee, or conservator considers
the transfer to be in the best interest of the minor, (2) the transfer is not prohibited by
or inconsistent with provisions of the applicable will, trust agreement, or other governing
instrument, and (3) transfers to a custodian for the benefit of a minor do not exceed $10,000
in aggregated value. (Acts 1986, No. 86-453, p. 819, §6.)...
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19-3D-18
Section 19-3D-18 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. REMOVAL OR REPLACEMENT
OF AUTHORIZED FIDUCIARY. An authorized fiduciary may not exercise the decanting power to modify
a provision in a first-trust instrument granting another person power to remove or replace
the fiduciary unless: (1) the person holding the power consents to the modification in a signed
record and the modification applies only to the person; (2) the person holding the power and
the qualified beneficiaries of the second trust consent to the modification in a signed record
and the modification grants a substantially similar power to another person; or (3) the court
approves the modification and the modification grants a substantially similar power to another
person. (Act 2018-519, §18.)...
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19-3-125
Section 19-3-125 Life, endowment, or annuity contracts. In addition to any other investment
now permitted by law, a guardian or trustee may invest the funds of his ward or of the beneficiary
of the trust in life, endowment or annuity contracts of legal reserve life insurance companies
duly qualified and authorized to write such business in the State of Alabama; provided, however,
that the annual premium or premiums on such contracts purchased by such guardian or trustee
shall not exceed 25 percent of the income of the ward or the beneficiary for any calendar
year preceding the date of such purchase. The contract must contain the following options
after it has been in force for three years or less: a cash surrender value option, a paid-up
insurance or endowment option, and an extended insurance or endowment option. Such contract
may be issued on the life or lives of the ward or wards, or beneficiary or beneficiaries of
the trust or upon the life or lives of persons in whose life or...
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45-37-123.53
Section 45-37-123.53 Conversion of unpaid membership time to paid membership time. (a) Commission-authorized
conversions. The commission, from time to time, may authorize members of the system to convert
unpaid membership time to paid membership time if it determines that such conversion is in
the public interest. Unpaid membership time may be converted to paid membership time only
when specifically authorized by the commission, and as set forth below: (b) Pension board
authorized conversions. The pension board, from time to time, may authorize members of the
system to convert unpaid membership time to paid membership time if it determines that the
conversion is in the best interest of the system. The conversion shall be conducted as set
forth below. (1) ACTUARIAL STUDY AND CALCULATIONS. Before an opportunity to convert unpaid
membership time to paid membership time shall be made available to any members, the pension
board shall cause and the county shall pay for an actuarial...
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