Code of Alabama

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5-18A-12
Section 5-18A-12 Transaction fees; renewal or extension; repayment; bad check charge. (a) Subject
to the following subsections, every licensee under this chapter may charge and collect a maximum
fee on any deferred presentment transaction not to exceed 17.5 percent of the amount advanced.
The maximum amount that may be advanced in any deferred presentment transaction is five hundred
dollars ($500). (b) Each licensee may renew or extend a deferred presentment transaction with
the same customer no more than one additional time at this fee for a maximum of two continuous
transactions. After two continuous transactions with the customer, the licensee shall not
enter into a new deferred presentment transaction with that same customer until the next business
day after the transaction amount is repaid in full. After the customer has redeemed the check
in full with cash or guaranteed funds, the licensee has the same authority as any other licensee
to enter into another agreement for deferred...
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5-18A-13
licensee, the check shall be endorsed with the actual name under which the licensee is doing
business. (c) Any agreement for a deferred presentment transaction shall be in writing and
signed by the checking account holder. The customer in a deferred presentment contract shall
have the right to redeem the check or debit authorization from the licensee before the agreed
date of deposit upon payment to the licensee of the amount of the contract. A licensee shall
not defer presentment of any personal check or debit authorization for less than 10
days nor more than 31 calendar days after the date of the contract. (d) The licensee shall
notify the district attorney for the circuit in which the check was received within five business
days after being advised by the payer financial institution that a check or draft has been
altered, forged, stolen, obtained through fraudulent or illegal means, negotiated without
proper legal authority, or represents the proceeds of illegal activity. If a...
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5-18-15
Section 5-18-15 Interest rates, charges, and fees. (a) Maximum rates of interest and charge.
Every licensee under this chapter may contract for and receive as interest on any loan of
money less than one thousand five hundred dollars ($1,500) an amount at a rate not exceeding
three percent a month on that part of the unpaid principal balance not in excess of two hundred
dollars ($200), and two percent a month on that part of the unpaid principal balance in excess
of two hundred dollars ($200) but less than one thousand five hundred dollars ($1,500). (b)
Account maintenance fee. In addition to the maximum rate of interest and charges pursuant
to subsection (a), a licensee may enter into a contract of loan under this chapter in which
the borrower agrees to pay an account maintenance fee of not more than three dollars ($3)
for each month of the scheduled period of repayment of the loan provided that the scheduled
monthly payments are equal to or greater than thirty dollars ($30). Such...
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5-18A-2
Section 5-18A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) CHECK. A debit authorization or a check signed by the maker and made payable
to a person licensed under this chapter. (2) CONTINUOUS TRANSACTION. To extend a deferred
presentment transaction with the same account without redemption in full with cash or guaranteed
funds. (3) DEFERRED PRESENTMENT SERVICES. A transaction pursuant to a written agreement involving
the following combination of activities in exchange for a fee: a. Accepting a check or authorization
to debit a checking account and, in connection with that acceptance, advancing funds to the
checking account holder. b. Holding the check or authorization to debit checking account for
a period of time prior to payment or deposit. (4) DEPARTMENT. The State Banking Department.
(5) LICENSEE. A person licensed to provide deferred presentment services pursuant to this
chapter. (6) PERSON. An individual, group of individuals,...
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45-9-84
shall constitute sufficient authority for the judge of probate to issue such license and return
to the licensee by mail. There is hereby established a fee to be entitled "Mail Order
Fee" which shall be in the amount of two dollars ($2) to pay the cost of the mailing
procedure herein provided, and such fee shall be collected by the judge of probate at the
time of issuance and paid over to the general fund of the county as are other fees and commissions.
(h) In Chambers County, when a personal check given for a motor vehicle license is
found to be noncollectible for any reason, the judge of probate shall notify the revenue officer
who shall make a reasonable attempt to retrieve the motor vehicle license in question. In
the event the motor vehicle license cannot be retrieved, the revenue officer shall so state
and the statement shall constitute authorization for the judge of probate to void the motor
vehicle license. Once the motor vehicle license has been voided, the judge of...
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34-21-25
Section 34-21-25 Denial, suspension, or revocation of license; administrative fines; voluntary
disciplinary alternative program. (a) For disciplinary purposes, the board may adopt, levy,
and collect administrative fines not to exceed one thousand dollars ($1,000) per violation
and may institute any legal proceedings necessary to effect compliance with this chapter against
its licensees. (b)(1) The board may also deny, revoke, or suspend any license issued by it
or otherwise discipline a licensee, or holder of a multistate privilege to practice in Alabama,
upon proof of any of the following regarding the licensee: a. Is guilty of fraud or deceit
in procuring or attempting to procure a license. b. Has been convicted of a felony. c. Is
guilty of a crime involving moral turpitude or of gross immorality that would tend to bring
reproach upon the nursing profession. d. Is unfit or incompetent due to the use of alcohol,
or is addicted to the use of habit-forming drugs to such an extent as to...
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5-18A-11
Section 5-18A-11 Maintenance of business records; notice of intent to conduct business in conjunction
with other business; examination of place of business. (a) Each licensee shall keep and use
in its business any books, accounts, and records that the supervisor may require to carry
into effect this chapter and the administrative regulations issued hereunder. If a licensee
operates any other business licensed by the department, a deferred presentment services business
shall be accounted for separately from any other business licensed by the department. Each
licensed business shall maintain separate business records. (b) No licensee shall conduct
the business of making deferred presentment transactions under this chapter within any office,
suite, room, or place of business in which any other business except check cashing or a business
conducted pursuant to Chapter 19A is solicited or engaged in or in association or conjunction
with any other business until 15 days' written notice of an...
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5-18A-15
Section 5-18A-15 Suspension or revocation of license; hearing. (a) The supervisor may, after
notice and hearing, suspend or revoke any license if the supervisor finds that the licensee
has knowingly or through lack of due care committed any of the following actions: (1) Failed
to pay the annual license fee imposed by this chapter or an examination fee imposed by the
supervisor under the authority of this chapter. (2) Committed fraud, engaged in a dishonest
activity, or made misrepresentations. (3) Violated a provision of this chapter, an administrative
regulation issued pursuant to this chapter, or has violated any other law in the course of
its or his or her dealings as a licensee. (4) Made a false statement in the application for
the license or failed to give a true reply to a question in the application. (5) Demonstrated
incompetence or untrustworthiness to act as a licensee. (6) Entered or caused to be entered
or allowed to be entered any false information on any business record of...
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7-4-401
Section 7-4-401 When bank may charge customer's account. (a) A bank may charge against the
account of a customer an item that is properly payable from that account even though the charge
creates an overdraft. An item is properly payable if it is authorized by the customer and
is in accordance with any agreement between the customer and bank. (b) A customer is not liable
for the amount of an overdraft if the customer neither signed the item nor benefited from
the proceeds of the item, except that a bank may charge the amount of the overdraft, interest
thereon, and any applicable fee against deposits or other credits to the account, regardless
of the source of the deposits or credits. (c) A bank may charge against the account of a customer
a check that is otherwise properly payable from the account, even though payment was made
before the date of the check, unless the customer has given notice to the bank of the postdating
describing the check with reasonable certainty. The notice is...
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40-21-121
Section 40-21-121 Levy of tax; procedure for collecting tax. (a) There is hereby levied, in
addition to all other taxes of every kind now imposed by law, and shall be collected as provided
herein, a privilege or license tax against every home service provider doing business in the
State of Alabama on account of the furnishing of mobile telecommunications service to a customer
with a place of primary use in the State of Alabama by said home service provider. The amount
of the tax shall be determined by the application of the rates against gross sales or gross
receipts, as the case may be, from the monthly charges from the furnishing of mobile telecommunications
service to a customer with a place of primary use in the State of Alabama and shall be computed
monthly with respect to each person to whom services are furnished at the rate of four percent
on bills dated prior to February 1, 2002, and at the rate of six percent on bills dated on
or after February 1, 2002, regardless of when the...
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