Acting in a Fiduciary Capacity.

Ala. Code tit. 10A, ch. 2A, art. 15, div. B

in effect

Ala. Code § 10A-2A-15.10 Definitions.

10A-2A-15.10. Definitions. The term “foreign corporation,” as used in this division, shall mean: (1) Any bank or other corporation now or hereafter organized or existing under the laws of any state of the United States other than this state; and (2) Any national banking association or other corporation organized under the laws of the United States having its principal place of business in any state of the United States other than this state. (Act 2019-94, §1.)

Ala. Code § 10A-2A-15.11 Authority of Foreign Corporation to Act as Fiduciary.

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 States, in the state in which it has its principal place of business. (2) Any bank or other corporation organized under the laws of this state or a national banking association or other corporation organized under the laws of the United States having its principal place of business in this state which is authorized to act in a fiduciary capacity in this state is authorized to act in a like fiduciary capacity in the other state without the necessity of complying with any law of the other state relating to the qualification of a foreign corporation to do business in the other state. (b) Nothing contained in this division shall be construed to prohibit or make unlawful any activity in this state by a bank or other corporation which is not incorporated under the laws of this state, or, if a national bank or other corporation organized under the laws of the United States, which does not have its principal place of business in this state which would be lawful in the absence of this division. (Act 2019-94, §1.)

Ala. Code § 10A-2A-15.12 Filing of Verified Statement with Commissioner of Revenue by Foreign Corporation Prior to Acting as Fiduciary.

10A-2A-15.12. Filing of Verified Statement with Commissioner of Revenue by Foreign Corporation Prior to Acting as Fiduciary. Prior to the time when any foreign corporation acts pursuant to the authority of this article in any fiduciary capacity or capacities in this state, the foreign corporation shall file with the Commissioner of Revenue of this state a verified statement which shall state: (1) The correct corporate name of the foreign corporation; (2) The name of the state under the laws of which it is incorporated or if the foreign corporation is a national banking association or other corporation organized under the laws of the United States shall state that fact; (3) The address of its principal business office; (4) In what fiduciary capacity, or capacities, it desires to act in the State of Alabama; (5) That it is authorized to act in a similar fiduciary capacity or capacities in the state in which it is incorporated or, if it is a national banking association or other corporation organized under the laws of the United States, in which it has its principal place of business; and (6) The statement shall irrevocably appoint the Commissioner of Revenue of Alabama as its true and lawful attorney to receive service of process in any action or proceeding against it relating to or growing out of any trust, estate, or matter in respect of which the foreign corporation may act in this state in any fiduciary capacity. The statement shall be verified by an officer of the foreign corporation, and there shall be filed with it the certificates of public officials and copies of documents certified by public officials as may be necessary to show that the foreign corporation is authorized to act in a fiduciary capacity or capacities similar to those in which it desires to act in this state, in the state in which it is incorporated, or, if it is a national banking association or other corporation organized under the laws of the United States, in which it has its principal place of business. (Act 2019-94, §1.)

Ala. Code § 10A-2A-15.13 Foreign Corporation Acting as Fiduciary Not Deemed Doing Business in This State.

10A-2A-15.13. Foreign Corporation Acting as Fiduciary Not Deemed Doing Business in This State. A foreign corporation, insofar as it acts in a fiduciary capacity in this state pursuant to the provisions of this division, shall not be deemed to be transacting business in this state, but no foreign corporation acting in a fiduciary capacity in this state pursuant to the provisions of this division without registering to transact business in this state pursuant to this title or other applicable provisions of law shall establish or maintain in this state a place of business, branch office, or agency for the conduct of business as a fiduciary. Nothing contained in this division shall diminish the authority of out-of-state banks and trust companies to establish or acquire and maintain trust offices or representative trust offices, or both, under the provisions of Chapter 11A of Title 5. (Act 2019-94, §1.)

Ala. Code § 10A-2A-15.14 Foreign Corporation Previously Acting in Fiduciary Capacity in State.

10A-2A-15.14. Foreign Corporation Previously Acting in Fiduciary Capacity in State. The provisions of this division shall not prohibit any foreign corporation authorized to act in a fiduciary capacity or capacities in the state in which it is incorporated or any national banking association or other corporation organized under the laws of the United States authorized to act in a fiduciary capacity or capacities in its principal place of business which, prior to April 14, 1956, or in the case of a corporation other than a national banking association, prior to January 1, 1995, was acting or appointed to act in this state in a particular fiduciary capacity or capacities, from continuing in the performance of the fiduciary activity or activities without complying with the provisions of this division. (Act 2019-94, §1.)

Ala. Code § 10A-2A-15.15 Service of Process on Foreign Corporation Acting in Fiduciary Capacity.

10A-2A-15.15. Service of Process on Foreign Corporation Acting in Fiduciary Capacity. Every foreign corporation acting in a fiduciary capacity in this state pursuant to the terms of this division shall be deemed to consent to service of all legal process in any action or proceeding against it and to service of any notice or demand permitted or required by law relating to or growing out of any trust, estate, or matter in respect of which the foreign corporation shall have acted in this state in any fiduciary capacity pursuant to any means of service of process provided in Section 10A-1-5.31, Section 10A-1-5.35, or Section 10A-1-5.36. (Act 2019-94, §1.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026