Code of Alabama

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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-41
Section 27-17A-41 Trust fund; trustee; interests of purchaser; seller. (a) Any person who receives
or collects any funds on account of a preneed contract in this state for cemetery services
or cemetery merchandise, or both, entered into after May 1, 2002, shall have the obligation
to pay over and contribute into a trust fund as hereinafter described, those amounts or proportions
of the funds as hereinafter provided. (b) Whether or not the preneed contract provides for
cemetery merchandise or cemetery services, or any combination thereof, the trust fund shall
be referred to in this section as the Cemetery Merchandise and Services Trust Fund. (c) The
trustee of the Cemetery Merchandise and Services Trust Fund shall be qualified as such within
the definition of the trustee. (d) The trustee shall take title to the property conveyed to
the Cemetery Merchandise and Services Trust Fund subject to this section. (e) The contract
purchaser shall have no interest whatsoever in, or power...
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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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27-17A-53
Section 27-17A-53 Disposal of assets or investments. To the extent that any endowment care
trust existing on May 1, 2002, includes investments or assets, the retention of which the
trustee in the free exercise of its discretion deems not in the best interest of the trust
estate, the trustee shall dispose of the investments or assets as soon as practicable without
undue sacrifice to the trust estate, and in any event within two years after May 1, 2002.
(Act 2002-74, p. 221, ยง1.)...
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27-17A-32
Section 27-17A-32 Rights of seller; powers and duties of trustee. (a) If amounts paid by the
purchaser under a preneed contract for funeral merchandise have previously been deposited
in trust, the seller may withdraw the principal amount and trust appreciation attributable
to the delivered item at such time as the funeral merchandise is delivered or installed or,
if comprised of materials designed to withstand prolonged, protected storage without deterioration,
the merchandise is placed in storage with a responsible third party bonded and insured for
the wholesale value thereof and evidenced by a receipt specifically identifying the item,
the specific preneed contract, the location of the item, and the identity and address of the
bonding and insuring parties. For purposes of this subsection only, caskets and alternative
containers may not be held in storage by the seller or a third party storage facility prior
to the death of the funeral beneficiary. (b) The trustee shall make regular...
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16-33C-25
Section 16-33C-25 Administration of programs. (a) In acquiring, investing, reinvesting, exchanging,
retaining, selling, and managing property for the benefit of the ABLE Program and ACES Program,
the Savings Board, and any person, investment manager, or committee to whom the Savings Board
delegates any of its investment authority, shall act as trustee and shall exercise the judgment
and care under the circumstances then prevailing which persons of prudence, discretion, and
intelligence exercise in the management of their own affairs, not in regard to speculation
but to permanent disposition of funds, considering the probable income as well as the safety
of their capital. (b) No Savings Board member nor any person, investment manager, or committee
to whom the Savings Board delegates any of its investment authority who acts within the standard
of care set forth in subsection (a) shall be held personally liable for any losses, damages,
or claims suffered by the ABLE Program or ACES...
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25-5-316
Section 25-5-316 Workers' Compensation Administrative Trust Fund; creation; management; trustee
and custodian; assessments; penalties. (a) There is established in the State Treasury a fund
entitled the Workers' Compensation Administrative Trust Fund, into which shall be deposited
certain assessments provided under Chapter 5 (commencing with Section 25-5-1) of Title 25
collected by the Department of Labor. The fund shall constitute a separate fund to be disbursed
by the state Comptroller on order of the Secretary of the Department of Labor. All expenses
incurred by the department under the Workers' Compensation Law, including the salaries of
all employees, travel cost, and any other cost of administration and enforcement as may become
necessary, either within or without the state, shall be paid from the separate fund in the
State Treasury upon warrants of the state Comptroller drawn upon the State Treasury from time
to time when vouchers therefor are approved by the secretary. The State...
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27-17A-55
Section 27-17A-55 Construction of mausoleum, etc. A cemetery authority shall start construction
of that section of a mausoleum or bank of below-ground crypts in which sales, contracts for
sale, reservations for sale, or agreements for sale are being made, within five years after
the date of the first sale or when 75 percent of the mausoleum or below-ground crypts have
been sold and the purchase price has been received, whichever occurs first. The construction
shall be completed within six years after the date of the first sale made. Extensions for
completion, not to exceed one year, may be granted by the commissioner for good cause shown.
If the units have not been completely constructed at the time of need or the time specified
herein, unless otherwise specified in the preneed contract, all monies paid shall be refunded
upon request, plus interest earned thereon if deposited by the cemetery authority in an escrow
or trust fund, and if not so deposited in an escrow or trust fund...
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19-3-120.1
Section 19-3-120.1 Investments in common trusts, collective investment funds, and interests
of investment companies and trusts. In addition to the investments authorized by Section 19-3-120,
by any other provision of law for the investment of funds held by a trustee, executor, administrator,
guardian, conservator or other fiduciary, or by the will, trust agreement or other document
which is the source of authority, such fiduciary, other than a trustee governed by Chapter
3B, may invest in and hold (1) interests, however evidenced, in any common trust fund or other
collective investment fund maintained by any national or state chartered bank, trust company
or savings and loan association having trust powers, or (2) securities of or other interests
in any open-end or closed-end management type investment company or investment trust registered
under the Investment Company Act of 1940, as from time to time amended, so long as the portfolio
of such common trust fund, collective investment...
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27-17A-31
Section 27-17A-31 Deposits into trust; trustee responsibilities; interests in funds. (a) Any
person who is paid, collects, or receives funds under a preneed contract for funeral services
or funeral merchandise to be funded by trust shall deposit in trust an amount at least equal
to the sum of 75 percent of the amount collected on the purchase price for all funeral services
and funeral merchandise sold, transportation, and facilities rented other than outer burial
containers, 60 percent of the amount collected on the purchase price for outer burial containers,
110 percent of the wholesale cost of memorials from the amount collected on the purchase price
of memorials, and 100 percent of the amount collected on the purchase price for all cash advance
items sold. (b) All deposits shall be made within 30 days after the end of the calendar month
in which the preneed contract is paid in full, unless, prior to that time, all liabilities
of the seller under the preneed contract to deliver the...
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