Alabama § 34-13-270 Financial Interest in Asset or Business in Which Endowment Care Trust Invests, Etc.; Disposition of Funds

Alabama Statutes

§ 34-13-270 — Financial Interest in Asset or Business in Which Endowment Care Trust Invests, Etc.; Disposition of Funds

Alabama § 34-13-270

JurisdictionAlabama

Title 34Professions and Businesses

Ch. 13Funeral Services

Art. 5Alabama Preneed Funeral and Cemetery Act of 2023

Div. 4Cemetery Merchandise and Services Trust Fund

This text of Alabama § 34-13-270 (Financial Interest in Asset or Business in Which Endowment Care Trust Invests, Etc.; Disposition of Funds) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 34-13-270 (2026).

Text

(a)No cemetery authority may directly or indirectly require or direct the investment, reinvestment, or retention by a qualified trustee of any part of an endowment care trust in any asset or business in which the cemetery authority or any officer, director, owner, partner, or employee of the cemetery authority has a financial interest. Nothing contained in this subsection shall prevent the trustee, subject to the provisions regarding investment and reinvestment of the trust estate as are contained in the governing instrument creating the trust, from investing, reinvesting, or retaining any asset or business in which the cemetery authority or any officer, director, owner, partner, or employee of the cemetery authority has an insubstantial or nonmaterial financial interest, provided that th

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(a) No cemetery authority may directly or indirectly require or direct the investment, reinvestment, or retention by a qualified trustee of any part of an endowment care trust in any asset or business in which the cemetery authority or any officer, director, owner, partner, or employee of the cemetery authority has a financial interest. Nothing contained in this subsection shall prevent the trustee, subject to the provisions regarding investment and reinvestment of the trust estate as are contained in the governing instrument creating the trust, from investing, reinvesting, or retaining any asset or business in which the cemetery authority or any officer, director, owner, partner, or employee of the cemetery authority has an insubstantial or nonmaterial financial interest, provided that the trustee, in the exercise of the trustee’s discretion, deems the investment, reinvestment, or retention to be for the best interest of the trust estate.
(b) The net income from the endowment care fund, to the extent that the same is distributed from the fund, shall be used exclusively for covering the costs of endowment care of the cemetery.
(c) For the purposes of this section, “net income” does not include realized or unrealized capital gains or losses. All realized capital gains and losses shall be recorded to corpus, which is the sum of deposits made by a cemetery authority into an endowment care fund, pursuant to Section 34-13-269, and all realized capital gains or losses. Capital gains taxes, if any, may be paid from the corpus. Unrealized capital gains and losses, if any, shall be recorded as an adjustment to the fair market value of the endowment care fund.