Transfer of Fiduciary Accounts.

Ala. Code tit. 5, ch. 11A, art. 2

in effect

Ala. Code § 5-11A-30 Transfer Between Related Institutions.

5-11A-30. Transfer Between Related Institutions. Absent written objection from the Superintendent of the State Banking Department, a bank, trust company or trust department (hereinafter to be known as the “transferor”) may transfer one or more fiduciary accounts administered by such bank, trust company or trust department to another bank, trust company or trust department (hereinafter to be known as the “transferee”); provided, however, that the transferor and transferee banks are related institutions, as that term is hereinafter defined in Section 5-11A-36, and that the transferee bank has trust powers. (Acts 1989, No. 89-539, p. 1127, §1.)

Ala. Code § 5-11A-31 Approval of Superintendent.

5-11A-31. Approval of Superintendent. Approval of the superintendent shall be deemed granted in the absence of written objection from the superintendent within 10 days after receipt by the superintendent of written notice from the transferor bank of the proposed transfer. (Acts 1989, No. 89-539, p. 1127, §2.)

Ala. Code § 5-11A-32 Notice of Transfer.

5-11A-32. Notice of Transfer. (a) Within 30 days after the date of the transfer of the fiduciary accounts, the transferor shall send written notice by first class mail to the last known address (as then set forth on the records of the transferor, or if not set forth, as may be determined by the transferor in the exercise of reasonable diligence) of the following persons or entities: (1) For employee benefit plans, to the plan sponsors. (2) For individual retirement accounts and retirement accounts for the self-employed, to the account owners. (3) For agency and escrow accounts, to the principals. (4) For securities for which a transferor bank serves as trustee, registrar, transfer agent or paying agent, to the issuers. (5) For revocable trusts under agreement, to the settlors. (6) For irrevocable trusts under agreement, to any co-fiduciary, to the settlor, to each current income beneficiary who is an adult, and if a current income beneficiary is a minor, to a parent of the minor with whom the minor resides or to the conservator or guardian of the minor. For purposes of this subsection, “current income beneficiary” means a person currently entitled to income from a trust or a person to whom the trustee, in the trustee’s discretion, may currently pay principal or income. (7) For testamentary trusts, to the persons notified under subsection (6) of this section. (8) For conservatorships, to any co-fiduciary, to the protected person for whom the conservatorship was created, or if the conservatorship was created for a minor, to a parent of the minor with whom the minor resides or to the guardian of the minor. (9) For guardianships, to any co-fiduciary, to the minor or legally incapacitated person for whom the guardian was appointed if the ward is at least 14 years of age. (10) For probate estates, to any co-fiduciary, to the surviving spouse, if any, and to those persons notified pursuant to subsection (7) of this section. (11) For corporate trust indentures, to the issuer of the securities subject to each indenture; provided, however, that notwithstanding the foregoing, the transferor may, if it deems it appropriate, comply with any notice procedures contained in the trust indenture instrument with respect to succession of trustees. (12) For fiduciary accounts not listed in above subsections (1) through (11), to such persons as the transferor sent its last report of the status of the account. (b) For purposes of this article, notice shall be deemed effective when mailed by the transferor. Should the transferor learn after the expiration of 30 days from such transfer that through inadvertence, error, neglect or otherwise, notice was not mailed as herein provided, delayed notice may be given in the manner set forth herein. The recipient of such notice shall then have 30 days to object to the transfer as provided in Section 5-11A-33. (Acts 1989, No. 89-539, p. 1127, §3.)

Ala. Code § 5-11A-33 Objection to Transfer; Hearing on Objection; Appointment of Related Institution as Agent.

5-11A-33. Objection to Transfer; Hearing on Objection; Appointment of Related Institution as Agent. (a) Any person given notice pursuant to Section 5-11A-32 may file a written objection to the fiduciary transfer with the Superintendent of the State Banking Department, stating grounds for objection, within 30 days of receipt of notice of the transfer by the person notified pursuant to Section 5-11A-32. The transferor shall then have 30 days to either: (1) Abandon the transfer of fiduciary accounts to which objection was given and hold such transfer for nought, or (2) Apply to the State Banking Department for a hearing on the merits of the objection to transfer. After such hearing, the State Banking Department shall either approve or deny the transfer. (b) Nothing herein shall preclude the transferor from appointing a related bank, trust company or trust department as its agent for the performance of any and all fiduciary obligations as provided in Section 5-11A-37. (Acts 1989, No. 89-539, p. 1127, §4.)

Ala. Code § 5-11A-34 Filing of Affidavit in Office of Judge of Probate; Filing of Notice of Abandonment.

5-11A-34. Filing of Affidavit in Office of Judge of Probate; Filing of Notice of Abandonment. (a) Within a reasonable time after the date of a transfer of the fiduciary accounts in accordance with the procedures set forth in Sections 5-11A-32 and 5-11A-33, the transferor shall file an affidavit in the office of the judge of probate of the county in which the main office of the transferor is located; and from time to time, the transferor may file a copy of such affidavit in the office of the judge of probate in such other counties as the transferor may deem appropriate. Such affidavit shall set forth the names and addresses of the transferor and transferee, such identification of the fiduciary accounts transferred as the transferor may deem appropriate, and such other information as the transferor may deem desirable. (b) In the event that notice of objection to the transfer is received by the transferor after the filing of record of the original affidavit with respect to the transfer; and in the event that pursuant to Section 5-11A-33, such transfer is abandoned, the transferor shall promptly file notice of such abandonment in the office of the appropriate judge of probate. (Acts 1989, No. 89-539, p. 1127, §5.)

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

5-11A-35. Substitution of Transferee Bank, Trust Company or Trust Department as Fiduciary; Effect. 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. (Acts 1989, No. 89-539, p. 1127, §6.)

Ala. Code § 5-11A-36 “Related” Defined.

5-11A-36. “Related” Defined. A transferor bank, trust company or trust department is “related” to a transferee bank, trust company or trust department if: (1) Such transferee controls the transferor; (2) Such transferor controls the transferee; (3) The same entity controls, directly or indirectly, the transferor and the transferee; (4) A majority of the directors of the transferor are directors of the transferee; or (5) A majority of the directors of the transferee are directors of the transferor. “Control” and “controls” as used herein shall mean the ownership of a majority of the voting shares of another bank, trust company or of the bank operating such trust department. (Acts 1989, No. 89-539, p. 1127, §7.)

Ala. Code § 5-11A-37 Appointment of Agent.

5-11A-37. Appointment of Agent. Regardless of objection to any fiduciary transfer as provided in Section 5-11A-33 and the outcome thereof, and notwithstanding any procedure under this article, any bank may appoint a related bank, trust company or trust department as its agent for the performance of all acts, obligations and responsibilities of the bank with respect to any fiduciary account. In such an event, the appointing bank shall remain fully responsible and liable with respect to all actions of the related bank, trust company or trust department as if performed by the appointing bank itself. No such agency relationship shall: (1) Be deemed an impermissible delegation of responsibility or duty by the appointing bank; (2) Constitute a resignation or disqualification of the appointing bank as fiduciary or relinquishment of trust powers by the appointing bank; or (3) Require the consent of any person, entity, court or other governmental authority. (Acts 1989, No. 89-539, p. 1127, §8.)

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