reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-25 - Settlor.

Section 19-3D-25
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.
SETTLOR.
(a) For purposes of laws of this state other than this chapter and subject to subsection (b), a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power.
(b) In determining settlor intent with respect to a second trust, the intent of a settlor of the first trust, a settlor of the second trust, and the authorized fiduciary may be considered.
(Act 2018-519, §25.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-26 - Later-Discovered Property.

Section 19-3D-26
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.
LATER-DISCOVERED PROPERTY.
(a) Except as otherwise provided in subsection (c), if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and property paid to or acquired by the first trust after the exercise of the power is part of the trust estate of the second trust or trusts.
(b) Except as otherwise provided in subsection (c), if exercise of the decanting power was intended to distribute less than all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power remains part of the trust estate of the first trust.
(c) An authorized fiduciary may provide in an exercise of the decanting power or by the terms of a second trust for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power.
(Act 2018-519, §26.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-27 - Obligations.

Section 19-3D-27
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.
OBLIGATIONS. A debt, liability, or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the second trust after exercise of the decanting power.
(Act 2018-519, §27.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-28 - Uniformity of Application and Construction.

Section 19-3D-28
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.
UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Act 2018-519, §28.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-29 - Relation to Electronic Signatures in Global and National Commerce Act.

Section 19-3D-29
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.
RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
(Act 2018-519, §29.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3E - Alabama Qualified Dispositions in Trust Act. › Section 19-3E-3 - Jurisdiction and Venue.

Section 19-3E-3
Jurisdiction and venue.
(a) Except as provided in subsection (b), the circuit court has exclusive jurisdiction over an action that addresses either of the following questions:
(1) Whether a transfer is a qualified disposition.
(2) The extent of the transferor's interest in, or the income from, a qualified disposition.
(b) A probate court granted statutory equitable jurisdiction has concurrent jurisdiction with the circuit court over questions described in subsection (a) and over an action brought under subsection (b) of Section 19-3E-5.
(c) Except to the extent otherwise provided by court rule, venue for a proceeding under subsection (a) or (b) is in the following order of priority:
(1) In any county where venue is proper for civil actions generally, pursuant to Chapter 3 of Title 6.
(2) In a county in this state in which the current qualified trustee has its usual place of business or residence.
(3) In a county in this state in which the immediately preceding qualified trustee had its usual place of business or residence.
(4) In a county in this state in which any trust property subject to the qualified disposition is located.
(5) In a county in this state in which a trust beneficiary resides.
(Act 2021-238, §3.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3E - Alabama Qualified Dispositions in Trust Act. › Section 19-3E-8 - Cessation of a Qualified Trustee and Successor.

Section 19-3E-8
Cessation of a qualified trustee and successor.
(a)(1) If a person serving as a qualified trustee ceases to meet the requirements of a qualified trustee and there remains no trustee that meets the requirements of a qualified trustee, the person serving as qualified trustee is considered to have resigned as of the time of the cessation and the successor qualified trustee provided for in the trust instrument becomes a qualified trustee of the trust on the successor qualified trustee's acceptance of trusteeship.
(2) In the absence of a successor qualified trustee provided for in the trust instrument, the court having jurisdiction, on petition of a qualified beneficiary, shall appoint a successor qualified trustee.
(b) A disposition that was a qualified disposition does not cease to be a qualified disposition as a result of a subsequent vacancy in the position of qualified trustee if a successor qualified trustee is appointed or a proceeding for the appointment of a successor qualified trustee is commenced within a reasonable time after a person with authority to appoint a qualified trustee or commence a proceeding to appoint a qualified trustee knows of the vacancy.
(Act 2021-238, §8.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3E - Alabama Qualified Dispositions in Trust Act. › Section 19-3E-9 - Rights of Creditor of Trust Beneficiary in a Trust or a Portion of a Trust That Is a Qualified Distribution.

Section 19-3E-9
Rights of creditor of trust beneficiary in a trust or a portion of a trust that is a qualified distribution.
(a) A trust beneficiary does not have the power or capacity to transfer any of the income from property of a trust or portion of a trust which is the subject of a qualified disposition by his or her order, voluntary or involuntary, or by an order or direction of a court.
(b) Except as otherwise provided in this chapter, the interest of a beneficiary in a trust or portion of a trust that is a qualified disposition is not subject to a process of attachment issued against the beneficiary and may not be taken in execution under any form of legal process directed against the beneficiary, trustee, trust estate, or any part of the income of the trust estate. The whole of the trust estate and the income of the trust estate shall go to and be applied by the trustee solely for the benefit of the beneficiary, free, clear, and discharged of all obligations of the beneficiary.
(c) The trustee of a qualified disposition shall disregard and oppose an assignment or other act, voluntary or involuntary, that is attempted contrary to this section. The trustee is entitled to reimbursement for all attorneys fees, costs, and expenses associated with carrying out this duty and the amount of the attorneys fees, costs, and expenses is a lien against the property that is the subject of the qualified disposition. A trustee is not liable, and a trust beneficiary or any successor trust beneficiary does not have a claim or cause of action against a trustee, for a breach of this duty unless the trustee's breach was not done in good faith or was the result of reckless indifference to the purposes of the trust or the interests of the trust beneficiaries.
(d) This section does not prohibit a beneficiary from disclaiming an interest in a trust or portion of a trust that is a qualified disposition or from exercising a power of appointment.
(Act 2021-238, §9.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3E - Alabama Qualified Dispositions in Trust Act. › Section 19-3E-10 - Application; Relation to Other Laws.

Section 19-3E-10
Application; relation to other laws.
(a) Subject to subsection (e) of Section 19-3E-5, this chapter applies to qualified dispositions made on or after April 20, 2021.
(b) If any provision of this chapter conflicts with any provision of the Alabama Uniform Trust Code, Sections 19-3B-101 to 19-3B-1305, inclusive, or the Alabama Uniform Voidable Transactions Act, Sections 8-9B-1 to 8-9B-17, inclusive, the provision of this chapter prevails.
(Act 2021-238, §10.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3E - Alabama Qualified Dispositions in Trust Act. › Section 19-3E-11 - Chapter Supplemented by Principles of Law and Equity.

Section 19-3E-11
Chapter supplemented by principles of law and equity.
Unless otherwise displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, and other validating or invalidating clauses, supplement its provisions.
(Act 2021-238, §11.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 4 - Securities Held by Fiduciaries. › Article 1 - Deposit in Clearing Corporations. › Section 19-4-1 - Definitions.

Section 19-4-1
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, a custodian or a custodian or agent for another fiduciary or fiduciaries.
(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 or mining title or lease or in payments out of production under such a title or lease; collateral trust certificate; transferable share; trustees' share; investment trust debenture, unit, share or bond; voting trust certificate; or, in general, any interest or instrument commonly known as a security or, with respect to any of the foregoing, any certificate (including a temporary or interim certificate) of interest or participation, any receipt or certificate of deposit or any warrant or right to subscribe or purchase.
(5) CERTIFICATE. Any instrument, document or other writing representing a security.
(6) CLEARING CORPORATION. A corporation:
a. at least 90 percent of the capital stock of which is held by or for one or more persons (other than individuals), each of whom:
1. is subject to supervision or regulation pursuant to the provisions of federal or state banking laws or state insurance laws; or
2. is a broker or dealer or investment company registered under the Securities Exchange Act of 1934 or the Investment Company Act of 1940; or
3. is a national securities exchange or association registered under a statute of the United States such as the Securities Exchange Act of 1934;
b. none of whom, other than a national securities exchange or association, holds in excess of 20 percent of the capital stock of such corporation; and
c. any remaining capital stock of which is held by individuals who have purchased such capital stock at or prior to the time of their taking office as directors of such corporation and who have purchased only so much of such capital stock as may be necessary to permit them to qualify as such directors.
(7) DEPOSIT. Physical delivery and also crediting by entry on the books of a clearing corporation without physical delivery.
(Acts 1976, No. 609, p. 825, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 4 - Securities Held by Fiduciaries. › Article 1 - Deposit in Clearing Corporations. › 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.

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 smaller denomination may be merged into one or more certificates of larger denomination.
(c) Ownership of and other interests in such securities may be transferred by entries on the books of said clearing corporation without physical delivery of certificates representing such securities.
(d) The records of the fiduciary shall at all times show the fiduciary accounts for which such securities are deposited and the ownership of such securities in each fiduciary account.
(e) Securities held in the name of a bank's nominee may be deposited under the authority contained in this section.
(f) A bank, when acting under the authority contained in this section, shall be subject to such rules and regulations as, in the case of banks or trust companies organized and existing under the laws of Alabama, the Superintendent of Banks and, in the case of national banking associations, the Comptroller of the Currency may from time to time issue.
(g) A fiduciary shall, upon demand by any person to whom it has a duty to account with respect to a fiduciary account, certify in writing the securities deposited by it with the clearing corporation for that fiduciary account.
(Acts 1976, No. 609, p. 825, §2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 4 - Securities Held by Fiduciaries. › Article 1 - Deposit in Clearing Corporations. › Section 19-4-3 - Applicability of Provisions of Article.

Section 19-4-3
Applicability of provisions of article.
This article shall apply to all fiduciary accounts now in existence or hereafter established regardless of the date of the governing instrument or court order under which the fiduciary is acting.
(Acts 1976, No. 609, p. 825, §3.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 4 - Securities Held by Fiduciaries. › Article 2 - Banks Holding Securities in Bulk. › Section 19-4-20 - Definitions.

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 of production under such a title or lease; collateral trust certificate; transferable share; trustees' share; investment trust debenture, unit, share or bond; voting trust certificate; or, in general, any interest or instrument commonly known as a security or, with respect to any of the foregoing, any certificate (including a temporary or interim certificate) of interest or participation, any receipt or certificate of deposit or any warrant or right to subscribe or purchase.
(5) CERTIFICATE. Any instrument, document or other writing representing a security.
(Acts 1976, No. 610, p. 828, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 4 - Securities Held by Fiduciaries. › Article 2 - Banks Holding Securities in Bulk. › Section 19-4-21 - Holding in Bulk of Securities Constituting Assets of Different Fiduciary Accounts Authorized; Registration of Securities; Maintenance of Records as to Fiduciary Accounts; Rules and Regulations Governing Banks; Certification of Securities Held for Fiduciary Accounts.

Section 19-4-21
Holding in bulk of securities constituting assets of different fiduciary accounts authorized; registration of securities; maintenance of records as to fiduciary accounts; rules and regulations governing banks; certification of securities held for fiduciary accounts.
(a) Notwithstanding any other provision of law to the contrary, any bank holding securities as a fiduciary, as a cofiduciary or as a custodian or agent for another fiduciary or fiduciaries is authorized, in the absence of specific provision to the contrary in the governing instrument or court order under which the bank is acting, to hold such securities in a manner such that, without certification as to ownership attached, certificates representing securities of the same class of the same issuer and from time to time constituting assets of different fiduciary accounts are held in bulk, including, to the extent feasible, the merging of certificates of smaller denominations into one or more certificates of larger denominations. In the event the bank holds securities as a cofiduciary, the bank before acting under the authority contained in this section must have the written consent of its cofiduciary, who is hereby authorized to give such consent.
(b) Securities held in the manner authorized by this section may be registered in the name of the bank's nominee.
(c) When acting under the authority contained in this section, the records of the bank shall at all times show the fiduciary accounts for which such securities are held and the ownership of such securities in each fiduciary account.
(d) A bank, when acting under the authority contained in this section, shall be subject to such rules and regulations as, in the case of banks or trust companies organized and existing under the laws of Alabama, the Superintendent of Banks and, in the case of national banking associations, the Comptroller of the Currency, may from time to time issue.
(e) A bank so acting shall, upon demand by any person to whom it has a duty to account with respect to a fiduciary account, certify in writing the securities held by it for that fiduciary account.
(Acts 1976, No. 610, p. 828, §2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 4 - Securities Held by Fiduciaries. › Article 2 - Banks Holding Securities in Bulk. › Section 19-4-22 - Applicability of Provisions of Article.

Section 19-4-22
Applicability of provisions of article.
This article shall apply to all fiduciary accounts now in existence or hereafter established regardless of the date of the governing instrument or court order under which the bank is acting.
(Acts 1976, No. 610, p. 828, §3.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 4 - Securities Held by Fiduciaries. › Article 3 - Banks Holding Treasury Securities. › Section 19-4-40 - Definitions.

Section 19-4-40
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) TREASURY SECURITY. Any bill, note, bond, certificate of indebtedness or other evidence of indebtedness the principal and interest of which the United States or any department, agency or instrumentality thereof has agreed to pay or has guaranteed payment.
(5) DEPOSIT. Physical delivery and also crediting by entry on the books of the federal reserve bank without physical delivery.
(Acts 1976, No. 625, p. 858, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 4 - Securities Held by Fiduciaries. › Article 3 - Banks Holding Treasury Securities. › Section 19-4-41 - Deposit of Treasury Securities in Federal Reserve Banks Authorized; Transfer of Ownership, etc., of Securities; Maintenance of Records as to Fiduciary Accounts; Rules and Regulations Governing Banks; Certification of Securities Deposited for Fiduciary Accounts.

Section 19-4-41
Deposit of treasury securities in federal reserve banks authorized; transfer of ownership, etc., of securities; maintenance of records as to fiduciary accounts; rules and regulations governing banks; certification of securities deposited for fiduciary accounts.
(a) Notwithstanding any other provision of law to the contrary, any bank holding treasury securities as a fiduciary, as a cofiduciary or as a custodian or agent for another fiduciary or fiduciaries is authorized, in the absence of specific provision to the contrary in the governing instrument or court order under which the bank is acting, to deposit or arrange for the deposit with the federal reserve bank in its district of such treasury securities to be credited to one or more accounts on the books of said federal reserve bank in the name of such bank to be designated trust or other accounts in accordance with rules and regulations of the federal reserve bank, to which similar treasury securities deposited by the bank for other fiduciary accounts may be credited.
(b) Ownership of and other interest in such treasury securities may be transferred by entries on the books of said federal reserve bank without physical delivery thereof.
(c) In the event the bank holds treasury securities as a cofiduciary, the bank before acting under the authority contained in this section must have the written consent of its cofiduciary, who is hereby authorized to give such consent.
(d) When acting under the authority contained in this section, the records of the bank shall at all times show the fiduciary accounts for which such treasury securities are deposited and the ownership of such treasury securities in each fiduciary account.
(e) A bank, when acting under the authority herein contained, shall be subject to such rules and regulations as, in the case of banks or trust companies organized and existing under the laws of Alabama, the Superintendent of Banks and, in the case of national banking associations, the Comptroller of the Currency, may from time to time issue.
(f) A bank shall, upon demand by any person to whom it has a duty to account with respect to a fiduciary account, certify in writing the treasury securities deposited by it with the federal reserve bank for that fiduciary account.
(Acts 1976, No. 625, p. 858, §2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 4 - Securities Held by Fiduciaries. › Article 3 - Banks Holding Treasury Securities. › Section 19-4-42 - Applicability of Provisions of Article.

Section 19-4-42
Applicability of provisions of article.
This article shall apply to all fiduciary accounts now in existence or hereafter established regardless of the date of the governing instrument or court order under which the bank is acting.
(Acts 1976, No. 625, p. 858, §3.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 4A - Idle Funds in Fiduciary Accounts. › Section 19-4A-1 - Idle Funds Defined.

Section 19-4A-1
Idle funds defined.
Idle funds are defined as collected income and principal cash balances received by a fiduciary and held awaiting investment in or distribution from a fiduciary account. As used in this chapter, the term "fiduciary account" shall mean any account for which the bank or trust company has investment responsibility.
(Acts 1991, No. 91-129, p. 163, §1(a).)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 4A - Idle Funds in Fiduciary Accounts. › Section 19-4A-2 - Investment in Accordance With Terms of Governing Document.

Section 19-4A-2
Investment in accordance with terms of governing document.
A bank or trust company duly authorized to exercise fiduciary powers through the operation of a trust department shall invest idle funds in each fiduciary account in accordance with the specific terms of the governing document.
(Acts 1991, No. 91-129, p. 163, §1(b).)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 4A - Idle Funds in Fiduciary Accounts. › Section 19-4A-3 - Short-Term Investment Vehicle.

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 fund or investment vehicle's investment advisor, administrator, trustee, transfer agent, or other similar capacity.
(Acts 1991, No. 91-129, p. 163, §1(c).)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 4A - Idle Funds in Fiduciary Accounts. › Section 19-4A-4 - Reasonable Rate of Return; Considerations.

Section 19-4A-4
Reasonable rate of return; considerations.
In the absence of specific instructions in the governing document, the fiduciary shall select an investment vehicle for idle funds in each fiduciary account which should provide a reasonable rate of return, taking into consideration the income needs of the current income beneficiary, the quality of the investment, the liquidity needs of the fiduciary account and the expense of making the funds productive of income.
(Acts 1991, No. 91-129, p. 163, §1(d).)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 4A - Idle Funds in Fiduciary Accounts. › Section 19-4A-5 - Investment in Timely Manner; No Obligation to Invest Funds Less Than $1,000.

Section 19-4A-5
Investment in timely manner; no obligation to invest funds less than $1,000.
In the absence of specific instructions in the governing document, the fiduciary shall invest idle funds in each fiduciary account in a timely manner consistent with the technology employed by the fiduciary but not to exceed 10 business days after the receipt of collected funds; provided, however, that there shall be no obligation or requirement to invest idle funds in an amount less than $1,000.00 per each fiduciary account.
(Acts 1991, No. 91-129, p. 163, §1(e).)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 4A - Idle Funds in Fiduciary Accounts. › Section 19-4A-6 - Compensation.

Section 19-4A-6
Compensation.
In the absence of specific instructions in the governing document, the fiduciary may receive compensation for the investment of idle funds by netting said compensation from the yield of the investment; provided, however, that disclosure of the compensation (expressed as a percentage of asset value or otherwise) is made to the current income beneficiary by mailing separate notice (by prospectus, statement, letter or otherwise) to the current income beneficiary's last known address.
(Acts 1991, No. 91-129, p. 163, §1(f).)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 4A - Idle Funds in Fiduciary Accounts. › Section 19-4A-7 - Applicability.

Section 19-4A-7
Applicability.
The provisions of this chapter shall apply to all fiduciary accounts now existing or hereafter created, but only to the bank or trust company's actions or inactions occurring after May 28, 1991.
(Acts 1991, No. 91-129, p. 163, §1(g).)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 5 - Preclusion or Minimization of Generation-Skipping Tax. › Section 19-5-1 - Definitions.

Section 19-5-1
Definitions.
For purposes of this chapter unless the context otherwise requires, the following terms mean:
(1) FIDUCIARY. Includes a personal representative or trustee.
(2) PERSONAL REPRESENTATIVE. An executor, administrator, special administrator, or a person who performs substantially the same function under the law governing the person's status, and a successor to any of the above.
(3) TRUST. Any express trust, with additions thereto, wherever and however created, or any separate share of a trust, and includes any arrangement, other than an estate, which, although not a trust, has substantially the same effect as a trust.
(4) TRUSTEE. An original, additional, or successor trustee, whether or not appointed or confirmed by a court, and, in the case of an arrangement which is not a trust but which is treated as a trust for purposes of the GST, includes the person in actual or constructive possession of the property subject to such arrangement.
(5) INTERNAL REVENUE CODE. The Internal Revenue Code of 1986 as amended from time to time and successor provisions and codifications thereof.
(6) GST. The generation-skipping transfer tax imposed by Chapter 13 of the Internal Revenue Code.
(Acts 1988, No. 88-340, p. 516, §1; Acts 1989, No. 89-525, p. 1074.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 5 - Preclusion or Minimization of Generation-Skipping Tax. › Section 19-5-2 - Allocation of GST Exemption.

Section 19-5-2
Allocation of GST exemption.
Unless prohibited by the governing instrument, any person having authority under Chapter 13 of the Internal Revenue Code to allocate any GST exemption shall be entitled to allocate such exemption to any property or to exclude any such property from such allocation.
(Acts 1988, No. 88-340, p. 516, §2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 5 - Preclusion or Minimization of Generation-Skipping Tax. › Section 19-5-3 - Division of Trust to Which GST Exemption Allocated Into Separate Trusts for Exempt and Nonexempt Property.

Section 19-5-3
Division of trust to which GST exemption allocated into separate trusts for exempt and nonexempt property.
When property is held or to be held in a trust which is or would otherwise be partially exempted from the GST due to the allocation to such trust of a GST exemption, a fiduciary is authorized, but not required, to divide the trust into two separate trusts, of equal or unequal value, in order to create one trust entirely exempt from the GST and a second trust entirely subject to the GST. Other terms and provisions of both trusts will remain substantially identical in all respects to the original trust.
(Acts 1988, No. 88-340, p. 516, §3.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 5 - Preclusion or Minimization of Generation-Skipping Tax. › Section 19-5-4 - Separate Trusts for Property Transferred, etc., From Another Trust in Order to Preclude or Minimize Gst.

Section 19-5-4
Separate trusts for property transferred, etc., from another trust in order to preclude or minimize GST.
If under the provisions of the governing instrument, property which is held in one trust (the "first trust") is to be transferred or poured over to, merged with, or otherwise combined with property in another trust (the "second trust") and property in the first trust is subject to different treatment for purposes of the GST from the property in the second trust, the fiduciary of the second trust is authorized, but not required, to retain the property in separate trusts in order to preclude or minimize the imposition of the GST upon transfers from either or both trusts, with other terms of each separate trust being substantially identical in all respects.
(Acts 1988, No. 88-340, p. 516, §4.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 5 - Preclusion or Minimization of Generation-Skipping Tax. › Section 19-5-5 - Division of Trust With More Than One Beneficiary or Class Thereof for GST Purposes Into Separate Share Trusts to Effectuate Allocation of Grantor's, Decedent's, or Surviving Spouse's GST Exemption.

Section 19-5-5
Division of trust with more than one beneficiary or class thereof for GST purposes into separate share trusts to effectuate allocation of grantor's, decedent's, or surviving spouse's GST exemption.
When a grantor or decedent transfers property into a trust which has, or which pours into another trust which has, more than one beneficiary or class of beneficiaries for GST purposes, and when the grantor or fiduciary allocates the grantor's or decedent's GST exemption for the benefit of one or more, but less than all, beneficiaries or classes of beneficiaries of such trust, or when the surviving spouse of the grantor or decedent, or such surviving spouse's fiduciary, allocates the surviving spouse's GST exemption for the benefit of one or more, but less than all, beneficiaries or classes of beneficiaries of such trust, and when the instrument creating the trust does not specifically prohibit a fiduciary from dividing such trust into separate share trusts, a fiduciary shall divide such trust into two or more separate share trusts, of equal or unequal value, in order to effectuate and carry out the allocation of the grantor's or decedent's GST exemption, or if applicable, the GST exemption of the surviving spouse of the grantor or decedent. Other terms and provisions of each such separate share trust shall, when taken together as a whole, be substantially identical to the original trust. In general, this section contemplates that a fiduciary will divide a single trust into two or more separate share trusts when such division may decrease or eliminate the amount of distributions from such single share trust that would otherwise be subject to the GST.
(Acts 1988, No. 88-340, p. 516, §5.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 5 - Preclusion or Minimization of Generation-Skipping Tax. › Section 19-5-7 - Allocation of Distributions From Separate Trusts.

Section 19-5-7
Allocation of distributions from separate trusts.
Distributions provided for by the governing instrument, whether the original trust is divided into separate trusts under the provisions of Section 19-5-3, 19-5-5 or 19-5-6 hereof or the trusts are retained as separate trusts under the provisions of Section 19-5-4 or 19-5-5 hereof, may be made from either or both separate trusts in the absolute and uncontrolled discretion of the fiduciary; provided, however, in determining the total distributions, neither the division of a trust nor the retention as separate trusts shall result in the receipt by any beneficiary of a greater proportion of the total distributions than the beneficiary would have received if the trust or estate had not been so divided or retained separately.
(Acts 1988, No. 88-340, p. 516, §7.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 5 - Preclusion or Minimization of Generation-Skipping Tax. › Section 19-5-8 - Purpose of Chapter.

Section 19-5-8
Purpose of chapter.
The purpose of this chapter is to authorize a fiduciary to take appropriate action to preclude or minimize to the extent possible the imposition of the GST, and this chapter shall be broadly construed to effectuate this purpose.
(Acts 1988, No. 88-340, p. 516, §8.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 5 - Preclusion or Minimization of Generation-Skipping Tax. › Section 19-5-9 - Exercise of Authority by Fiduciary.

Section 19-5-9
Exercise of authority by fiduciary.
A fiduciary may exercise the authority herein granted without prior approval or leave of any court. A fiduciary may also exercise the authority granted in each section contained herein concurrently with the authority granted in each other section contained herein.
(Acts 1988, No. 88-340, p. 516, §9.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 5 - Preclusion or Minimization of Generation-Skipping Tax. › Section 19-5-10 - Fiduciary Not Liable for Acts in Good Faith.

Section 19-5-10
Fiduciary not liable for acts in good faith.
Any fiduciary who in good faith acts or fails to act shall not be liable to any person for taking or failing to take any action authorized or required by this chapter.
(Acts 1988, No. 88-340, p. 516, §10.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 5 - Preclusion or Minimization of Generation-Skipping Tax. › Section 19-5-11 - Applicability of Chapter.

Section 19-5-11
Applicability of chapter.
This chapter applies to any trust or estate that may be subject to Chapter 13 of the Internal Revenue Code.
(Acts 1988, No. 88-340, p. 516, §11.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 5 - Preclusion or Minimization of Generation-Skipping Tax. › Section 19-5-12 - Chapter Effective as to Transfers in Trust, etc., on and After January 1, 1987.

Section 19-5-12
Chapter effective as to transfers in trust, etc., on and after January 1, 1987.
This chapter shall be effective with respect to transfers in trust, and decedents dying, on and after January 1, 1987.
(Acts 1988, No. 88-340, p. 516, §13.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 1 - General Provisions. › Section 20-1-1 - Short Title; Enforcement of Chapter.

Section 20-1-1
Short title; enforcement of chapter.
This chapter may be cited as the "Alabama Safe Foods Act of 2000."
The Commissioner of Agriculture and Industries, through the facilities of the state Department of Agriculture and Industries, shall enforce the provisions of this chapter. The administrative and enforcement provisions of Title 2 of this code shall, unless inapplicable by their nature, apply to the administration and enforcement of this chapter.
(Acts 1943, No. 501, p. 475, §4; Acts 1947, No. 134, p. 42, §8; Acts 1953, No. 91, p. 134, §8; Acts 1953, No. 475, p. 591, §8; Acts 1965, No. 857, p. 1600, §5; Act 2000-320, p. 505, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 1 - General Provisions. › Section 20-1-2 - Adoption of Rules and Regulations.

Section 20-1-2
Adoption of rules and regulations.
The State Board of Agriculture and Industries is authorized to adopt and promulgate such rules and regulations as are reasonable and necessary to the accomplishment of the purposes of this chapter and to make effective its provisions.
(Ag. Code 1927, §36; Code 1940, T. 2, §303; Acts 1947, No. 134, p. 42, §8; Acts 1953, No. 91, p. 134, §8; Acts 1953, No. 475, p. 591, §8; Acts 1965, No. 857, p. 1600, §5.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 1 - General Provisions. › Section 20-1-3 - Right of Entry by Commissioner and Agents; Authority to Take Samples, Investigate Records, Etc.

Section 20-1-3
Right of entry by commissioner and agents; authority to take samples, investigate records, etc.
The Commissioner of Agriculture and Industries and officers and employees under his supervision or direction shall have authority to enter and inspect any premises or vehicle where any food, drug, or cosmetic regulated by this chapter is manufactured, harvested, processed, compounded, refined, packed, packaged, stored, sold, or transported, and all equipment, containers, and materials therein, to collect samples for analysis and to conduct examinations and investigations of records of production, purchases, and sales for the purpose of enforcement of this chapter.
(Acts 1943, No. 500, p. 470, §7; Acts 1943, No. 501, p. 475, §4; Acts 1953, No. 815, p. 1097.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 1 - General Provisions. › Section 20-1-4 - Suspension From Sale, Seizure, and Condemnation of Articles Sold, Stored, etc., in Violation of Chapter.

Section 20-1-4
Suspension from sale, seizure, and condemnation of articles sold, stored, etc., in violation of chapter.
Any food, drug, or cosmetic regulated by this chapter which is found to be manufactured, processed, compounded, refined, packed, packaged, stored, sold, or transported in violation of this chapter shall be subject to suspension from sale, seizure, and condemnation in the manner provided in Article 2 of Chapter 2 of Title 2 of this Code.
(Acts 1953, No. 91, p. 134, §8; Acts 1953, No. 475, p. 591, §8; Acts 1963, No. 534, p. 1146; Acts 1965, No. 857, p. 1600, §5.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 1 - General Provisions. › Section 20-1-5 - Penalty for Violations of Chapter or Orders, Rules, or Regulations.

Section 20-1-5
Penalty for violations of chapter or orders, rules, or regulations.
Any person who violates any of the provisions of this chapter or any order, rule, or regulation made or promulgated under authority of this chapter shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars ($500) for each offense; provided, however, that any violation of Section 20-1-27(3) or (4) involving 200 units or more of beverage products shall be punishable by a fine not exceeding five thousand dollars ($5,000). For purposes of this section, the term unit shall mean a single, discreet beverage package, or container.
(Code 1907, §7082; Acts 1915, No. 467, p. 489; Code 1923, §4437; Code 1940, T. 2, §313; Acts 1943, No. 500, p. 470, §8; Acts 1943, No. 501, p. 475, §4; Acts 1947, No. 134, p. 42, §5; Acts 1953, No. 91, p. 134, §10; Acts 1953, No. 475, p. 591, §10; Acts 1953, No. 815, p. 1097; Acts 1955, No. 228, p. 537; Acts 1963, No. 534, p. 1146; Acts 1965, No. 857, p. 1600, §4; Act 2012-472, p. 1302, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 1 - General Provisions. › Section 20-1-6 - Nonliability of Good Faith Donors and Distributors of Canned or Perishable Food.

Section 20-1-6
Nonliability of good faith donors and distributors of canned or perishable food.
(a) When used in this section, the words and terms defined in this subsection shall have the meanings herein ascribed to them, unless it clearly appears from the context that some other meaning is indicated:
(1) CANNED FOOD. Any food commercially processed and prepared for human consumption;
(2) PERISHABLE FOOD. Any food which may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. This term includes, but is not limited to, fresh and processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables, and foods which have been packaged, refrigerated, or frozen.
(b) All laws to the contrary notwithstanding, a good faith donor of canned or perishable food, which is apparently fit for human consumption at the time it is donated, to a bona fide charitable or nonprofit organization for free distribution, shall not be subject to criminal or civil liability arising from an injury or death due to the condition of such food unless such injury or death is a direct result of the gross negligence, recklessness, or intentional misconduct of such donor.
(c) All laws to the contrary notwithstanding, a bona fide charitable or nonprofit organization which in good faith receives and distributes food, which is apparently fit for human consumption at the time it is distributed, without charge, shall not be subject to criminal or civil liability arising from an injury or death due to the condition of such food unless such injury or death is a direct result of the gross negligence, recklessness, or intentional misconduct of such organization.
(d) The provisions of this section shall govern all good faith donations of perishable food which is not readily marketable due to appearance, freshness, grade, surplus, or other conditions. Provided, however, that nothing in this section shall restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.
(Acts 1981, 1st Ex. Sess., No. 81-976, p. 157, §§1-4.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 1 - General Provisions. › Section 20-1-7 - Regulation of Nutrition Labeling of Certain Food.

Section 20-1-7
Regulation of nutrition labeling of certain food.
(a) The subject matter of the regulation of nutrition labeling of food that is a menu item in restaurants, retail food establishments, and vending machines is reserved to the Legislature and may be regulated only by an act of the Legislature of statewide application enacted after June 9, 2011.
(b) This section shall not be interpreted as affecting in any manner the regulation of the nutrition labeling of food that is a menu item in restaurants, retail food establishments, and vending machines pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §343(q)(5)(H).
(Act 2011-548, p. 1009, §1.)