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5-19-22
Section 5-19-22 License to engage in business of making consumer loans or taking assignments
of consumer credit contracts - Required; exceptions; application; investigation; standards
for issuance; hearing; licensing under Small Loan Act; fees; participation in Nationwide Mortgage
Licensing System and Registry. (a) No creditor shall engage in any one or more of the following
activities without first having obtained a license from the administrator: (1) Making consumer
loans to Alabama residents, regardless of whether the creditor has a place of business in
Alabama or an employee residing in Alabama. (2) Making consumer loans originated by an individual
required to be licensed as a mortgage loan originator under the Alabama Secure and Fair Enforcement
for Mortgage Licensing Act of 2009. (3) Taking assignments of consumer credit contracts, either
from a place of business in Alabama or through use of an employee residing in Alabama whose
employment includes taking assignments of consumer...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-22.htm - 7K - Match Info - Similar pages
41-14-51
Section 41-14-51 Definitions. When used in this article, the following words and phrases have
the following meanings: (1) AGRICULTURE and AGRICULTURAL. Those activities, land, buildings,
and machinery relating to any of the following: a. The raising, harvesting, rotation, selling,
or marketing of crops or products of the soil planted, served, or saved including cereals,
vegetables, fruits, fibers, sugars, resins and pitches, grasses, grains, seeds, nuts, bulbs,
feed, forage, wood and wood by-products, nursery stock, including trees and shrubs or other
plants grown or kept for propagation, distribution, or sale, vegetable oils, flowers, silage,
pasturage, and other products and produce thereof. b. The feeding, breeding, management, raising,
marketing, sale, or production of livestock of all types, poultry, insects, fish, and other
aquatic animals for meat, leather, eggs, fur, milk, bone, liquids, and other products and
produce thereof. c. Recreational or educational activities directly...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-14-51.htm - 4K - Match Info - Similar pages
5-18-4
Section 5-18-4 License - Required; exemptions; penalties for violation of section. (a) License
required. No person shall engage in the business of lending in amounts of less than one thousand
five hundred dollars ($1,500) and contract for, exact or receive, directly or indirectly,
on or in connection with any such loan, any charges whether for interest, insurance, compensation,
consideration, or expense, which in the aggregate are greater than the interest that the lender
would be permitted by law to charge for a loan of money if he or she were not a licensee under
this chapter, except as provided in and authorized by this chapter and without first having
obtained a license from the supervisor. For the purpose of this section, a loan shall be deemed
to be in the amount of less than one thousand five hundred dollars ($1,500) if the net amount
or value advanced to or on behalf of the borrower, after deducting all payments for interest,
expenses, and charges of any nature taken...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-18-4.htm - 3K - Match Info - Similar pages
5-26-17
Section 5-26-17 Prohibited acts and practices. It is a violation of this chapter for a person
or individual subject to this chapter to: (1) Obtain property by intentional fraud or intentional
misrepresentation; (2) Solicit or enter into a contract with a borrower that provides in substance
that the person or individual subject to this chapter may earn a fee or commission through
"best efforts" to obtain a loan even though no loan is actually obtained for the
borrower; (3) Conduct any business covered by this chapter without holding a valid license
if required under this chapter; (4) Fail to make disclosures as required by this chapter;
(5) Fail to comply with this chapter or rules or regulations promulgated under this chapter;
(6) Collect, charge, or attempt to collect or charge any fee prohibited by this chapter; or
(7) Fail to account for monies belonging to a party to a residential mortgage loan transaction,
as required by law or regulation. (Act 2009-627, p. 1907, ยง17.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-26-17.htm - 1K - Match Info - Similar pages
10A-20-7.09
Section 10A-20-7.09 Powers of stockholders and members. (a) The stockholders and the members
of the corporation shall have the following powers of the corporation: (1) To determine the
number of and elect directors as provided in Section 10A-20-7.07. (2) To make, amend, and
repeal bylaws. (3) To amend this charter as provided in Section 10A-20-7.20. (4) To dissolve
the corporation as provided in Section 10A-20-7.22. (5) To do all things necessary or desirable
to secure aid, assistance loans, and other financing from any financial institutions and from
any agency established under the Small Business Investment Act of 1958, or other similar federal
laws now or hereafter enacted. (6) To exercise the other of the powers of the corporation
consistent with this article as may be conferred on the stockholders and the members by the
bylaws. (b) As to all matters requiring action by the stockholders and the members of the
corporation, the stockholders and members shall vote separately thereon...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-20-7.09.htm - 2K - Match Info - Similar pages
23-7-9
Section 23-7-9 Financing agreements; other authorized financing; security interests. (a) Qualified
borrowers may obtain loans or other financial assistance from the bank through financing agreements.
Qualified borrowers entering into financing agreements and issuing loan obligations to the
bank may perform any acts, take any action, adopt any proceedings, and make and carry out
any contracts or agreements with the bank as may be agreed to by the bank and any qualified
borrower for carrying out the purposes of this chapter. (b) In addition to the authorizations
contained in this chapter, all other statutes or provisions permitting government units to
borrow money and issue obligations may be utilized by any government unit in obtaining a loan
or other financial assistance from the bank to the extent determined necessary or useful by
the government unit in connection with any financing agreement and the issuance, securing,
or sale of loan obligations to the bank. (c) A qualified borrower...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/23-7-9.htm - 2K - Match Info - Similar pages
5-18-16
Section 5-18-16 Duties of licensees as to making and payment of loans. (a) Copy of contract
or statement; receipts; payment in advance; release of obligation and security. - Every licensee
shall: (1) At the time a loan is made deliver to the borrower or, if there are two or more
borrowers, to one of them a copy of the loan contract, executed by the borrower, in the English
language showing in clear and distinct terms: a. The name and address of the lender and one
of the primary obligors on the loan. b. The date of the loan contract. c. Schedule of installments
or description thereof. d. The cash advance. e. The face amount of the note evidencing the
loan. f. The amount collected or paid for insurance, if any. g. The amount collected or paid
for filing or other fees allowed by this chapter. h. The collateral or security for the loan.
(2) Give to the person making any cash payment on account of any loan a receipt at the time
the payment is made which receipt need only show the total...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-18-16.htm - 3K - Match Info - Similar pages
5-25-4
Section 5-25-4 License to transact business as a mortgage broker. (a) On and after January
1, 2002, no person shall transact business in this state directly or indirectly as a mortgage
broker unless he or she is licensed as a mortgage broker by the department, or is a person
exempted from the licensing requirements pursuant to Section 5-25-3. (b) A licensee shall
obtain a license for each location where the business of the mortgage broker is transacted.
(c) On or after January 1, 2002, every person who directly or indirectly controls a person
who violates subsection (a), including a general partner, executive officer, joint venturer,
or director of the person, violates subsection (a) with and to the same extent as the person,
unless the person whose violation arises under this subsection sustains the burden of proof
that he or she did not know and, in the exercise of reasonable care, could not have known
of the existence of the facts by reason of which the original violation is alleged...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-25-4.htm - 1K - Match Info - Similar pages
5-2A-61
Section 5-2A-61 Created; commissioner and deputy commissioner generally; examiners; disclosure
of information by officers; seal of commissioner. (a) There is hereby created a Savings and
Loan Bureau which shall be a bureau of the State Banking Department. (b) The bureau shall
be set up, established and administered by the Savings and Loan Commissioner under the executive
direction and control of the State Banking Department, and the commissioner shall be the same
person as the Superintendent of Banks. The Deputy Superintendent of Banks shall be the deputy
commissioner. The salaries of the commissioner and the deputy commissioner shall be payable
out of the treasury, as the salaries of other state officials are paid, and the commissioner
and his deputy shall be allowed and paid for necessary travelling expenses while travelling
upon official business as provided in Article 2 of Chapter 7 of Title 36. (c) The deputy commissioner
shall serve as secretary at the meetings of the Savings and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-2A-61.htm - 3K - Match Info - Similar pages
5-2A-62
Section 5-2A-62 Supervisory powers of commissioner generally; approvals, etc., by commissioner;
permits required of savings and loan associations. (a) The commissioner shall have general
supervision over all associations and corporations which are subject to the provisions of
Chapter 16 of this title. He shall enforce the purposes of Chapter 16 of this title by use
of the powers therein conferred and by reference to the courts when required. (b) Every approval
by the commissioner given pursuant to the provisions of Chapter 16 of this title and every
communication having the effect of an order or instruction to any association shall be in
writing, signed by the commissioner under the seal of his office and shall be mailed by registered
or certified mail to the association affected thereby, addressed to the president thereof
at the home office of the association, and unless the association to which any approval or
order is directed is an association having its accounts insured by a...
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