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19-3C-4
Section 19-3C-4 Appropriation for expenditure or accumulation of endowment fund; rules of construction.
(a) Subject to the intent of a donor expressed in the gift instrument, an institution may
appropriate for expenditure or accumulate so much of an endowment fund as the institution
determines is prudent for the uses, benefits, purposes, and duration for which the endowment
fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment
fund are donor-restricted assets until appropriated for expenditure by the institution. In
making a determination to appropriate or accumulate, the institution shall act in good faith,
with the care that an ordinarily prudent person in a like position would exercise under similar
circumstances, and shall consider, if relevant, the following factors: (1) the duration and
preservation of the endowment fund; (2) the purposes of the institution and the endowment
fund; (3) general economic conditions; (4) the possible effect...
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19-3C-2
Section 19-3C-2 Definitions. In this chapter: (1) CHARITABLE PURPOSE means the relief of poverty,
the advancement of education or religion, the promotion of health, governmental or municipal
purposes, or other purposes the achievement of which is beneficial to the community. (2) ENDOWMENT
FUND means an institutional fund or part thereof that, under the terms of a gift instrument,
is not wholly expendable by the institution on a current basis. The term does not include
assets that an institution designates as an endowment fund for its own use. (3) GIFT INSTRUMENT
means a record or records, including an institutional solicitation, under which property is
granted to, transferred to, or held by an institution as an institutional fund. (4) INSTITUTION
means: (A) a person, other than an individual, organized and operated exclusively for charitable
purposes; (B) a government or governmental subdivision, agency, or instrumentality, to the
extent that it holds funds exclusively for a charitable...
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19-3C-3
Section 19-3C-3 Standard of conduct in managing and investing institutional funds. (a) Subject
to the intent of a donor expressed in a gift instrument, an institution, in managing and investing
an institutional fund, shall consider the charitable purposes of the institution and the purposes
of the institutional fund. (b) In addition to complying with the duty of loyalty imposed by
law other than this chapter, each person responsible for managing and investing an institutional
fund shall manage and invest the fund in good faith and with the care an ordinarily prudent
person in a like position would exercise under similar circumstances. (c) In managing and
investing an institutional fund, an institution: (1) may incur costs that are appropriate
and reasonable in relation to the assets, the purposes of the institution, and the skills
available to the institution; and (2) shall make a reasonable effort to verify facts relevant
to the management and investment of the fund. (d) An...
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11-54-128
Section 11-54-128 Authorizing resolution. (a) In order to provide for the establishment of
an endowment trust fund, the directors shall adopt an authorizing resolution authorizing the
execution and delivery, on behalf of the industrial development board, of a trust agreement
under which such fund shall be established and maintained. The directors may, in either the
authorizing resolution or the trust agreement authorized thereby, or, at the discretion of
the directors, in both, all as the directors shall deem appropriate, set out all of the following:
(1) The general purpose or purposes of such fund, and, subject to the provisions of Section
11-54-129, the purpose or purposes for which moneys held in and forming a part of such fund
may be expended and the manner in which all other properties, whether real or personal, tangible
or intangible contributed to such fund may be managed, used and disposed of. (2) A procedure
or procedures for the distribution or expenditure of such moneys and...
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45-42A-23.02
Section 45-42A-23.02 Historic preservation commission. A historic preservation commission,
hereinafter referred to as the commission, with the following membership, duties, and powers,
may be established by ordinance of the governing body: (1) The commission shall be composed
of five members. Residents of the historic district or districts shall elect four members
and one member shall be a member of the City of Athens governing body designated by it. (2)
The members of the commission elected by the residents of the historic district during annual
meetings of the historic district association, except the member of the City of Athens governing
body, who shall all serve by virtue of, and whose term shall correspond with the term of his
of her office, shall serve for terms of four years. At the expiration of the term or the death
or resignation of any member, the resulting vacancy shall be filled for the unexpired term
of such member by election at the next annual meeting of the historic...
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12-17-224
Section 12-17-224 Special services division; worthless check unit; guidelines for processing
worthless check complaints; fees and restitution; collection and distribution. (a) Each district
attorney may establish a special services division which shall be under the direction and
control of the district attorney, and shall be organized for the following uses and purposes:
(1) A section of the special services division of each district attorney's office may be organized
as a worthless check unit. Each district attorney who elects to establish the unit shall assign
sufficient staff and resources to effectively operate the unit. The worthless check unit of
the special services division of the district attorney's office shall be created for the purpose
of processing worthless checks. (2) Procedures: a. COMPLAINT REFERRALS. After following the
requisites of Section 13A-9-13.1, any party holding a worthless negotiable instrument may
present a "complaint" to the worthless check unit of the...
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22-21-179
Section 22-21-179 Powers of corporation. The corporation shall have all the powers and authority
inhering in, or conferred upon, counties in the State of Alabama operating public hospitals,
except as otherwise provided, as well as the following specific powers, together with all
powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To
have succession by its corporate name for the duration of time, which may be in perpetuity,
specified in its certificate of incorporation or until dissolved as provided in Section 22-21-191;
(2) Subject to the limitations contained in the provisions of this section, to maintain actions
and have actions maintained against it in its own name in civil, including ex delicto and
ex contractu, actions; (3) To adopt and make use of a corporate seal and to alter the same
at pleasure; (4) To adopt bylaws and amend the same; (5) To receive, acquire, take and hold,
whether by purchase, gift, lease, devise or otherwise, real and...
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17-5-2
Section 17-5-2 Definitions. (a) For purposes of this chapter, the following terms shall have
the following meanings: (1) CANDIDATE. An individual who has done any of the following: a.
Taken the action necessary under the laws of the state to qualify himself or herself for nomination
or for election to any state office or local office or in the case of an independent seeking
ballot access, on the date when he or she files a petition with the judge of probate in the
case of county offices, with the appropriate qualifying municipal official in the case of
municipal offices, or the Secretary of State in all other cases. b. Received contributions
or made expenditures in excess of one thousand dollars ($1,000), or given his or her consent
for any other person or persons to receive contributions or make expenditures in excess of
one thousand dollars ($1,000), with a view to bringing about his or her nomination or election
to any state office or local office. (2) COMMISSION. The State Ethics...
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27-36A-7
Section 27-36A-7 Computation of minimum standard by calendar year of issue. (a) The interest
rates used in determining the minimum standard for the valuation of the following shall be
the calendar year statutory valuation interest rates as defined in this section: (1) Life
insurance policies issued in a particular calendar year, on or after the operative date of
Section 27-15-78. (2) Individual annuity and pure endowment contracts issued in a particular
calendar year on or after January 1, 1982. (3) Annuities and pure endowments purchased in
a particular calendar year on or after January 1, 1982, under group annuity and pure endowment
contracts. (4) The net increase, if any, in a particular calendar year after January 1, 1982,
in amounts held under guaranteed interest contracts. (b) Calendar year statutory valuation
interest rates. (1) The calendar year statutory valuation interest rates, I, shall be determined
as follows and the results rounded to the nearest one-quarter of one...
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11-101A-8
Section 11-101A-8 Powers of authority. (a) In addition to all other powers granted elsewhere
in this chapter, and subject to the express provisions of its certificate of incorporation,
an authority shall have the following powers, together with all powers incidental thereto
or necessary to the discharge thereof in corporate form: (1) To have succession by its corporate
name for the duration of time, which may be in perpetuity, specified in its certificate of
incorporation, or until dissolved as provided in Section 11-101A-24. (2) To sue and be sued
in its own name in civil suits and actions, and to defend suits and actions against it, subject,
however, to Chapter 93 of this title, which chapter is hereby made applicable to the authority.
(3) To adopt, alter, amend, and repeal bylaws, regulations, and rules for the regulation and
conduct of its affairs and business. (4) To adopt and make use of a corporate seal and to
alter the same at pleasure. (5) To acquire, whether by purchase,...
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