Code of Alabama

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5-12A-8
Section 5-12A-8 Record of fiduciary accounts owning interest in fund; extent of interest. The
trust institution shall designate clearly upon its records the names of the fiduciary accounts
which own a participation in the common trust fund and the extent of the interest of such
fiduciary accounts therein. No fiduciary account owning or holding an investment or participation
in a common trust fund shall be deemed to have individual ownership of any asset in such common
trust fund, but should be deemed to have only a proportionate undivided interest in the common
trust fund. (Acts 1980, No. 80-658, §5-12-8.)...
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10A-2A-15.11
Section 10A-2A-15.11 Authority of foreign corporation to act as fiduciary. (a) Any foreign
corporation may act in this state as trustee, personal representative, executor, administrator
of any kind, guardian, conservator, or in any other like or similar fiduciary capacity, whether
the appointment is by law, will, deed, inter vivos trust, mortgage, deed of trust, court order
or otherwise, without the necessity of complying with any law of this state relating to the
qualification of foreign corporations to do business in this state or the licensing of foreign
corporations to do business in this state and notwithstanding any prohibition, limitation,
or restriction contained in any law of this state subject to the following conditions: (1)
The foreign corporation is authorized to act in a fiduciary capacity, or capacities, in the
state in which it is incorporated or, if the foreign corporation is a national banking association
or other corporation organized under the laws of the United...
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14-2-17
Section 14-2-17 Bonds - Investment of surplus in state fund, etc., and trust funds. Any surplus
in any state fund and any retirements or trust fund, where the investment thereof is permitted
or required by law, may be invested in bonds issued by the authority. Unless otherwise directed
by the court having jurisdiction thereof or the document which is the source of authority,
a trustee, executor, administrator, guardian or one acting in any other fiduciary capacity
may, in addition to any other investment powers conferred by law and with the exercise of
reasonable business prudence, invest trust funds in the bonds of the authority. (Acts 1965,
No. 678, p. 1226, §19.)...
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10A-2-15.41
Section 10A-2-15.41 Authority of foreign corporation to act as fiduciary. REPEALED IN THE 2019
REGULAR SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE
SUPPLEMENT. (a) Any foreign corporation may act in this state as trustee, personal representative,
executor, administrator of any kind, guardian, conservator, or in any other like or similar
fiduciary capacity, whether the appointment is by law, will, deed, inter vivos trust, mortgage,
deed of trust, court order or otherwise, without the necessity of complying with any law of
this state relating to the qualification of foreign corporations to do business in this state
or the licensing of foreign corporations to do business in this state and notwithstanding
any prohibition, limitation, or restriction contained in any law of this state subject to
the following conditions: (1) The foreign corporation is authorized to act in a fiduciary
capacity, or capacities, in the state in which it is incorporated or, if...
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5-13B-6
Section 5-13B-6 Standards for approval. (a) In deciding whether to approve an application for
a proposed acquisition under this article, the superintendent shall consider whether the acquisition
may: (1) Be detrimental to the safety and soundness of the Alabama state bank or the Alabama
bank holding company ; (2) Result in a substantial reduction of competition in this state;
or (3) Have a significantly adverse effect on the convenience and needs of the community or
communities in this state that are served by the Alabama state bank or the Alabama bank holding
company to be acquired. (b) Except as otherwise expressly provided in this section, the superintendent
shall not approve an acquisition under this article if upon consummation of the transaction
the applicant, including any depository institution affiliated with the applicant, would control
30 percent or more of the total amount of deposits held by depository institutions in this
state. (c) The superintendent may by regulation,...
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5-2A-22
Section 5-2A-22 Independent audits; minimum standards; advisory committee; report in lieu of
audit. The board of directors of each state bank shall at least once in each calendar year
have an audit made of its books and affairs, including any accounts held in a fiduciary capacity,
by independent auditors approved by the superintendent. These may be separate audits. "Independent
auditors" shall include the audit staff of a correspondent bank or the audit staff of
a bank holding company, or auditors or accountants who are not employees of the bank. The
superintendent shall by regulation establish minimum standards for audits and reports, which
shall include such matters as he shall require. To assist in promulgating minimum standards
for audits and reports, the superintendent shall appoint an advisory committee of no less
than six members. Membership of the committee shall consist of auditors, as qualified in Chapters
1A through 12A of this title, who regularly perform audits in banks...
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19-3-120
Section 19-3-120 Classes of authorized investments; repeal of conflicting statutes. (a) Unless
otherwise authorized or directed by the court having jurisdiction thereof, or by the will,
trust agreement or other document which is the source of authority, a trustee, executor, administrator,
guardian or one acting in any other fiduciary capacity, other than as a trustee governed by
the Alabama Uniform Trust Code, with the exercise of reasonable business prudence, in addition
to any other investments now permitted by law, may invest funds in securities or investments
which, at the time of the making or purchase thereof, are included in one or more of the following
classes: (1) Bonds or other interest-bearing obligations of the United States of America,
or payment of which the United States of America has guaranteed as to both principal and interest.
(2) Bonds issued by the Federal Land Bank, under the act of Congress of the United States
of America, designated as "the Federal Farm Loan...
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19-4-2
Section 19-4-2 Deposit of securities authorized; merger, etc., of certificates representing
securities; transfer of ownership, etc., of securities; maintenance of records by fiduciary;
rules and regulations governing banks acting as fiduciaries; certification by fiduciary of
securities deposited. (a) Notwithstanding any other provision of law to the contrary, any
fiduciary holding securities in a fiduciary capacity is authorized, in the absence of specific
provision to the contrary in the governing instrument or court order under which the fiduciary
is acting, to deposit or arrange for the deposit of such securities in a clearing corporation.
(b) When such securities are so deposited, certificates representing securities of the same
class of the same issuer may be merged and held in bulk in the name of the nominee of such
clearing corporation with any other such securities deposited in such clearing corporation
by any person regardless of the ownership of securities and certificates of...
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16-33B-1
Section 16-33B-1 Definitions. As used in this chapter, unless the context clearly requires
a different meaning, the following words shall have the following meanings: (1) ACHE. The
Alabama Commission on Higher Education. (2) APPROVED LENDER. Any eligible institution, or
any bank, trust company, savings and loan association, credit union, pension fund, or insurance
company, whose primary consumer credit function is not the making of insured student loans
and which is examined and supervised by the appropriate state or federal regulatory agency
or any other institution or agency defined as an eligible lender in accordance with the Federal
Student Loan Law. (3) ELIGIBLE INSTITUTION. Any postsecondary educational institution which
is approved by the Alabama Commission on Higher Education for the purposes of this program.
However, an institution offering exclusively correspondence, independent study, or home study
courses is not an eligible institution. (4) FEDERAL STUDENT LOAN LAW. Title...
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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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