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33-2-188
Section 33-2-188 Docks facilities revenue bonds and refunding bonds - Disposition of proceeds
of refunding bonds. The proceeds of refunding bonds shall be applied, together with any other
moneys legally available therefor to the payment of the expenses authorized by this article
and to the payment of the principal of, premium, if any, and interest due and to become due
on any outstanding bonds to be refunded thereby and, if so required by order of the director,
shall be deposited by the department, with one or more trustees or escrow agents, which trustees
or escrow agents shall be trust companies or national or state banks, located either within
or without the state, having powers of a trust company, in an interest account to pay interest
on refunding bonds, and in a reserve account to further secure the payment of the principal
of, premium, if any, and interest on any refunding bonds. Proceeds of refunding bonds may
also be applied to repay the department's lease obligations with...
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8-6-140
Section 8-6-140 Definitions. For the purposes of this article, the following words have the
following meanings unless the context otherwise requires: (1) BENEFICIARY FORM. A registration
of a security which indicates the present owner of the security and the intention of the owner
regarding the person who will become the owner of the security upon the death of the owner.
(2) DEVISEE. Any person designated in a will to receive a disposition of real or personal
property. (3) HEIRS. Those persons, including the surviving spouse, who are entitled under
the statutes of intestate succession to the property of a decedent. (4) PERSON. An individual,
a corporation, an organization, or other legal entity. (5) PERSONAL REPRESENTATIVE. Includes
executor, administrator, successor personal representative, special administrator, and persons
who perform substantially the same function under the law governing their status. (6) PROPERTY.
Includes both real and personal property or any interest therein...
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19-3A-102
Section 19-3A-102 Definitions. As used in this chapter, the following terms are defined as
follows: (1) ACCOUNTING PERIOD. A calendar year unless another 12-month period is selected
by a fiduciary. The term includes a portion of a calendar year or other 12-month period that
begins when an income interest begins or ends when an income interest ends. (2) BENEFICIARY.
Includes, in the case of a decedent's estate, an heir, legatee, and devisee and, in the case
of a trust, an income beneficiary and a remainder beneficiary. (3) FIDUCIARY. A personal representative
or a trustee. The term includes an executor, administrator, successor personal representative,
special administrator, and a person performing substantially the same function. (4) INCOME.
Money or property that a fiduciary receives as current return from a principal asset. The
term also includes a portion of receipts from a sale, exchange, or liquidation of a principal
asset, to the extent provided in Article 4. (5) INCOME...
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19-4-20
Section 19-4-20 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) FIDUCIARY. An administrator, an administrator with the will annexed, an administrator
de bonis non, an executor, a trustee, a guardian, a conservator, an agent or a custodian.
(2) FIDUCIARY ACCOUNT. An estate, a trust, a guardianship, a custodianship, an agency or any
other fiduciary relationship, including a custodianship or agency for another fiduciary or
fiduciaries. (3) BANK. A bank or trust company organized and existing under the laws of Alabama
with authority to act as a fiduciary and a national banking association with its principal
office in the State of Alabama and with authority to act as a fiduciary. (4) SECURITY. Any
note; stock; treasury stock; bond; debenture; evidence of indebtedness; certificate of interest
or participation in an oil, gas or mining title or lease or in payments out...
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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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11-54-125
Section 11-54-125 Definitions. As used in this division, the following terms shall have the
following meanings: (1) AUTHORIZING RESOLUTION. A resolution adopted by the directors and
authorizing the execution and delivery of a trust agreement. (2) DIRECTORS. The board of directors
of an industrial development board. (3) ENDOWMENT TRUST FUND or FUND. A trust fund created
by an industrial development board pursuant to this division. (4) FUND MANAGER. Any individual,
partnership, corporation, or other person, including, without limitation, a trustee bank,
employed to manage and invest moneys held in and forming a part of an endowment trust fund
and other contributions to such fund. (5) INDUSTRIAL DEVELOPMENT BOARD or BOARD. A public
corporation now in existence or hereafter organized pursuant to the provisions of either industrial
development board act. (6) INDUSTRIAL DEVELOPMENT BOARD ACT. Act 648, 1949 Regular Session,
as amended, and Division 1 and Division 2 of this article, as...
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19-3B-505
Section 19-3B-505 Creditor's claim against settlor. (a) Whether or not the terms of a trust
contain a spendthrift provision, the following rules apply: (1) During the lifetime of the
settlor, the property of a revocable trust is subject to claims of the settlor's creditors.
(2) With respect to an irrevocable trust, a creditor or assignee of the settlor may reach
the maximum amount that can be distributed to or for the settlor's benefit. If a trust has
more than one settlor, then the amount the creditor or assignee of a particular settlor may
reach may not exceed the settlor's interest in the portion of the trust attributable to that
settlor's contribution. (3) After the death of a settlor, and subject to the settlor's right
to direct the source from which liabilities will be paid, the property of a trust that was
revocable immediately prior to the settlor's death is subject to claims of the settlor's creditors,
costs of administration of the settlor's estate, the expenses of the...
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11-54-131
Section 11-54-131 Investment of moneys; duties of fund manager. (a) Moneys held in and forming
a part of an endowment trust fund, including, without limitation, proceeds of investments
held in and forming a part of the fund, shall, to the extent practicable and feasible, be
kept fully and continuously invested, pending their distribution and expenditure for the purposes
authorized by this division, in any of the following: (1) Interest-bearing bank time deposits
and interest-bearing bank certificates of deposit. (2) Debt securities that are direct general
obligations of the United States of America or any agency thereof, and debt securities of
any state or local government. (3) Other debt securities, common and preferred stocks, shares
of investment companies or mutual funds, or other like investments. (b) All of the above as
may be authorized in the trust agreement under which such fund has been established, and all
with the care, skill, prudence, and diligence under the circumstances...
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27-14-3
Section 27-14-3 Insurable interest - Personal insurance; preneed contracts. (a) Insurable interest
with reference to personal insurance is an interest based upon a reasonable expectation of
pecuniary advantage through the continued life, health, or bodily safety of another person
and consequent loss by reason of his or her death or disability or a substantial interest
engendered by love and affection in the case of individuals closely related by blood or by
law. (b) An individual has an unlimited insurable interest in his or her own life, health,
and bodily safety and may lawfully take out a policy of insurance on his or her own life,
health, or bodily safety and have the same made payable to whomsoever he or she pleases, regardless
of whether the beneficiary so designated has an insurable interest. (c) A corporation, foreign
or domestic, has an insurable interest in the life or physical or mental ability of any of
its directors, officers, or employees, or the directors, officers, or...
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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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