§ 5-11A-35 — Substitution of Transferee Bank, Trust Company or Trust Department as Fiduciary; Effect

Alabama § 5-11A-35

• Jurisdiction: Alabama
• Title 5: Banks and Financial Institutions
• Ch. 11A: Regulation of Trust Business of Banks and Trust Companies
• Art. 2: Transfer of Fiduciary Accounts

Text

If a bank, trust company or trust department completes a fiduciary transfer, the bank, trust company or trust department to which such fiduciary accounts have been transferred shall be automatically substituted as the fiduciary of all the accounts so transferred without further action and without any order or decree by any court or public officer; and without such transfer being treated or considered as a resignation by the transferor as a fiduciary; and such transferee bank, trust company or trust department shall have all the rights, duties, responsibilities, obligations and liabilities, financial or otherwise, of such transferor bank with respect to such accounts. A bank, trust company or trust department which completes a fiduciary transfer shall be relieved as fiduciary without an accounting and without any order or decree of any court or public officer, and prospectively shall have no continuing duties, responsibilities, obligations or liabilities, financial or otherwise, with respect to the accounts transferred. Such transfer shall not, however, relieve the transferor bank of liability it may have incurred for action or inaction prior to the transfer, nor shall it impose liability on the transferee for action or inaction of the transferor prior to the transfer. No such transfer shall constitute a relinquishment of trust powers by the transferor bank.

Legislative History

(Acts 1989, No. 89-539, p. 1127, §6.)