(a) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if:
(1) a trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction; or
(2) all or part of the administration occurs in the designated jurisdiction.
(b) A trustee shall administer the trust at a place appropriate to its purposes, its administration, and the interests of the beneficiaries; provided, however, a trustee shall not be required to transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States.
(c) Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States, provided that the transfer is to a place appropriate to the trust's purposes, its administration and the interests of the beneficiaries.
(d) The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration to another state or to a jurisdiction outside of the United States not less than 30 days before initiating the transfer. The notice of proposed transfer must include:
(1) the name of the jurisdiction to which the principal place of administration is to be transferred;
(2) the address and telephone number at the new location at which the trustee can be contacted;
(3) an explanation of the reasons for the proposed transfer;
(4) the date on which the proposed transfer is anticipated to occur; and
(5) the date, not less than 30 days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.
(e) The authority of a trustee under this section to transfer a trust's principal place of administration to another state or to a jurisdiction outside of the United States terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.
(f) In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to Section 19-3B-704.
(g) Unless otherwise designated in the trust instrument, the principal place of administration of a trust is the usual place where the day-to-day activity of the trust is carried on by the trustee or its representative who is primarily responsible for the administration of the trust. If the principal place of administration of the trust cannot be determined pursuant to the foregoing sentence, then it shall be determined as follows:
(1) If the trust has a single trustee, then the principal place of administration of the trust is the trustee's residence or usual place of business.
(2) If the trust has more than one trustee, then the principal place of administration of the trust is (i) the usual place of business of the corporate trustee if there is but one corporate co-trustee, or (ii) the usual place of business or residence of the individual trustee who is a professional fiduciary if there is but one such person and no corporate co-trustee. If neither (i) nor (ii) apply, then the principal place of administration shall be the usual place of business or residence of any of the co-trustees.
Structure Code of Alabama
Title 19 - Fiduciaries and Trusts.
Chapter 3B - Alabama Uniform Trust Code.
Section 19-3B-101 - Short Title.
Section 19-3B-103 - Definitions.
Section 19-3B-104 - Knowledge.
Section 19-3B-105 - Default and Mandatory Rules.
Section 19-3B-106 - Common Law of Trusts; Principles of Equity.
Section 19-3B-107 - Governing Law.
Section 19-3B-108 - Principal Place of Administration.
Section 19-3B-109 - Methods and Waiver of Notice.
Section 19-3B-110 - Others Treated as Qualified Beneficiaries.
Section 19-3B-111 - Nonjudicial Settlement Agreements.
Section 19-3B-112 - Rules of Construction.
Section 19-3B-201 - Role of Court in Administration of Trust.
Section 19-3B-202 - Jurisdiction Over Trustee and Beneficiary.
Section 19-3B-203 - Subject Matter Jurisdiction.
Section 19-3B-205 - Judicial Accountings and Settlements.
Section 19-3B-301 - Representation: Basic Effect.
Section 19-3B-302 - Representation by Holder of Power of Appointment.
Section 19-3B-303 - Representation by Fiduciaries and Ancestors.
Section 19-3B-304 - Representation by Person Having Substantially Identical Interest.
Section 19-3B-305 - Appointment of Representative.
Section 19-3B-401 - Methods of Creating Trust.
Section 19-3B-402 - Requirements for Creation.
Section 19-3B-403 - Trusts Created in Other Jurisdictions.
Section 19-3B-404 - Trust Purposes.
Section 19-3B-405 - Charitable Purposes; Enforcement.
Section 19-3B-406 - Creation of Trust Induced by Fraud, Duress, or Undue Influence.
Section 19-3B-407 - Evidence of Oral Trust.
Section 19-3B-408 - Trust for Care of Animal.
Section 19-3B-409 - Noncharitable Trust Without Ascertainable Beneficiary.
Section 19-3B-410 - Modification or Termination of Trust; Proceedings for Approval or Disapproval.
Section 19-3B-411 - Modification or Termination of Noncharitable Irrevocable Trust by Consent.
Section 19-3B-414 - Modification or Termination of Uneconomic Trust.
Section 19-3B-415 - Reformation to Correct Mistakes.
Section 19-3B-416 - Modification to Achieve Settlor's Tax Objectives.
Section 19-3B-417 - Combination and Division of Trusts.
Section 19-3B-501 - Rights of Beneficiary's Creditor or Assignee.
Section 19-3B-502 - Spendthrift Provision.
Section 19-3B-503 - Exceptions to Spendthrift Provision.
Section 19-3B-504 - Discretionary Trusts; Effect of Standard.
Section 19-3B-505 - Creditor's Claim Against Settlor.
Section 19-3B-506 - Overdue Distribution.
Section 19-3B-507 - Personal Obligations of Trustee.
Section 19-3B-508 - Qualified Trusts Under the Internal Revenue Code.
Section 19-3B-601 - Capacity of Settlor of Revocable Trust.
Section 19-3B-602 - Revocation or Amendment of Revocable Trust.
Section 19-3B-603 - Settlor's Powers; Powers of Withdrawal.
Section 19-3B-701 - Accepting or Declining Trusteeship.
Section 19-3B-702 - Trustee's Bond.
Section 19-3B-703 - Co-Trustees.
Section 19-3B-704 - Vacancy in Trusteeship; Appointment of Successor.
Section 19-3B-705 - Resignation of Trustee.
Section 19-3B-706 - Removal of Trustee.
Section 19-3B-707 - Delivery of Property by Former Trustee.
Section 19-3B-708 - Compensation of Trustee.
Section 19-3B-709 - Reimbursement of Expenses.
Section 19-3B-801 - Duty to Administer Trust.
Section 19-3B-802 - Duty of Loyalty.
Section 19-3B-803 - Impartiality.
Section 19-3B-804 - Prudent Administration.
Section 19-3B-805 - Costs of Administration.
Section 19-3B-806 - Trustee's Skills.
Section 19-3B-807 - Delegation by Trustee.
Section 19-3B-808 - Powers to Direct.
Section 19-3B-809 - Control and Protection of Trust Property.
Section 19-3B-810 - Recordkeeping and Identification of Trust Property.
Section 19-3B-811 - Enforcement and Defense of Claims.
Section 19-3B-812 - Collecting Trust Property.
Section 19-3B-813 - Duty to Inform and Report.
Section 19-3B-814 - Discretionary Powers; Tax Savings.
Section 19-3B-815 - General Powers of Trustee.
Section 19-3B-816 - Specific Powers of Trustee.
Section 19-3B-817 - Distribution Upon Termination.
Section 19-3B-818 - Life Insurance Policies Held by Trustee.
Section 19-3B-901 - Prudent Investor Rule.
Section 19-3B-902 - Standard of Care; Portfolio Strategy; Risk and Return Objectives.
Section 19-3B-903 - Diversification.
Section 19-3B-904 - Duties at Inception of Trusteeship.
Section 19-3B-905 - Reviewing Compliance.
Section 19-3B-906 - Language Invoking Standard of Prudent Investor Rule.
Section 19-3B-1001 - Remedies for Breach of Trust.
Section 19-3B-1002 - Damages for Breach of Trust.
Section 19-3B-1003 - Damages in Absence of Breach.
Section 19-3B-1005 - Limitation of Action Against Trustee.
Section 19-3B-1006 - Reliance on Trust Instrument.
Section 19-3B-1007 - Event Affecting Administration or Distribution.
Section 19-3B-1008 - Exculpation of Trustee.
Section 19-3B-1009 - Beneficiary's Consent, Release, or Ratification.
Section 19-3B-1010 - Limitation on Personal Liability of Trustee.
Section 19-3B-1011 - Interest as General Partner.
Section 19-3B-1012 - Protection of Person Dealing With Trustee.
Section 19-3B-1013 - Certification of Trust.
Section 19-3B-1201 - Uniformity of Application and Construction.
Section 19-3B-1202 - Electronic Records and Signatures.
Section 19-3B-1203 - Severability Clause.
Section 19-3B-1204 - Application to Existing Relationships.
Section 19-3B-1301 - Trust Concerning Lands Required to Be in Writing.
Section 19-3B-1302 - Trust Void as to Creditors or Purchasers Without Notice.
Section 19-3B-1303 - Trust Estate Not Descendible Upon Death of Trustee.
Section 19-3B-1304 - Trusts for Employees or Self-Employed Persons.
Section 19-3B-1305 - Trusts Consisting of Insurance Policies or Proceeds.
Section 19-3B-1306 - Procedures for Release of Trustee From Duties.