5-18-3
Section 5-18-3 Definitions. The following terms, when used in this chapter, shall have
the following meanings, unless the context clearly requires a different meaning. The meaning
ascribed to the singular form shall apply also to the plural. (1) PERSON. Such term shall
include individuals, copartnerships, associations, trusts, corporations and any other legal
entities. (2) LICENSE. A license, issued under the authority of this chapter, to make loans
in accordance with the provisions of this chapter at a single place of business. (3) LICENSEE.
A person to whom one or more licenses have been issued. (4) SUPERVISOR. The Supervisor of
the Bureau of Loans of the State Banking Department. (5) BUREAU. The Bureau of Loans of the
State Banking Department. (6) CASH ADVANCE. The amount of cash or its equivalent that the
borrower actually receives or is paid at his direction or on his behalf. (Acts 1959, No. 374,
p. 966, §2.)...
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5-19-1
Section 5-19-1 Definitions. For the purposes of this chapter, the following terms shall
have the following meanings respectively ascribed to them by this section: (1) FINANCE
CHARGE. The sum of all charges, payable directly or indirectly by the person to whom credit
is extended, and imposed directly or indirectly by the creditor as an incident to the extension
of credit. The amount of the finance charge in connection with any credit transaction (i)
shall be determined, and shall include and exclude the fees and charges, as provided by Section
106 of the Federal Truth-in-Lending Act, 15 U.S.C. Section 1605 and the regulations
of the Federal Reserve Board promulgated pursuant to the Federal Truth-in-Lending Act, 12
C.F.R. Part 226, and the Official Staff Commentary adopted by the Federal Reserve Board pursuant
to that regulation, and without limiting or affecting the foregoing subparagraph (i), (ii)
shall exclude, without limitation, late charges and other charges resulting from or...
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5-25-2
Section 5-25-2 Definitions. For purposes of this chapter, the following terms shall
have the following meanings: (1) BORROWER. A natural person who submits an application for
a loan secured by a first or subordinate mortgage or deed of trust on a single-family to four-family
home to be occupied by the borrower as the borrower's primary residence. (2) COMMITMENT. A
written statement by a lender that sets forth the terms and conditions upon which the lender
is willing to make a particular mortgage loan to a particular borrower. A good faith estimate
provided under the Federal Real Estate Settlement Procedures Act is not a commitment for the
purposes of Act 2009-624. (3) CONTROL. The direct or indirect possession of the power to direct
or cause the direction of the management and policies of a person, whether through the ownership
of voting securities, by contract, or otherwise, and shall include the terms controlling,
controlled by, and under common control with. (4) DEPARTMENT. The...
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5-26-3
Section 5-26-3 Definitions. For purposes of this chapter, the following definitions
shall apply: (1) DEPOSITORY INSTITUTION. The term "depository institution" has the
same meaning as in Section 3 of the Federal Deposit Insurance Act, and includes any
credit union. (2) FEDERAL BANKING AGENCIES. The term "federal banking agencies"
means the Board of Governors of the Federal Reserve System, the Comptroller of the Currency,
the Director of the Office of Thrift Supervision, the National Credit Union Administration,
and the Federal Deposit Insurance Corporation. (3) IMMEDIATE FAMILY MEMBER. The term "immediate
family member" means a spouse, child, sibling, parent, grandparent, or grandchild. This
includes stepparents, stepchildren, stepsiblings, and adoptive relationships. (4) INDIVIDUAL.
The term "individual" means a natural person. (5) LOAN PROCESSOR OR UNDERWRITER.
(a) In General. The term "loan processor or underwriter" means an individual who
performs clerical or support duties as an...
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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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5-19A-2
Section 5-19A-2 Definitions. The following words and phrases shall have the following
meanings: (1) APPROPRIATE LAW ENFORCEMENT AGENCY. The sheriff of each county in which the
pawnbroker maintains an office, or the police chief of the municipality in which the pawnbroker
maintains an office. (2) ATTORNEY GENERAL. The Attorney General of the State of Alabama. (3)
PAWN TRANSACTION. Any loan on the security of pledged goods or any purchase of pledged goods
on condition that the pledged goods are left with the pawnbroker and may be redeemed or repurchased
by the seller for a fixed price within a fixed period of time. A "pawn transaction"
does not include the pledge to, or the purchase by, a pawnbroker of real or personal property
from a customer followed by the sale or the leasing of that property back to the customer
in the same or a related transaction. (4) PAWNBROKER. Any person engaged in the business of
lending money on the security of pledged goods left in pawn, or in the business of...
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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...
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5-2A-80
Section 5-2A-80 Created; supervisor of bureau; inspections; records, reports, etc.,
not open to public. To administer and enforce the provisions of chapter 18 of this title,
there is hereby created in the State Banking Department the Bureau of Loans. The Superintendent
of Banks shall, with the approval of the Governor and subject to the provisions of the merit
system, appoint a Supervisor of the Bureau of Loans, who shall be the chief of the Bureau
of Loans, and such other employees of said bureau as may be necessary. The Supervisor of the
Bureau of Loans shall take and file with the Secretary of State the official oath and shall
give bond in the penal sum of $10,000.00 for the faithful performance of the duties of his
office. The Supervisor of the Bureau of Loans, for the purpose of discovering violations of
Chapter 18 of this title, may investigate the loans and business of every person, copartnership
and corporation by whom or by which any such loan shall be made, whether such...
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8-7A-2
Section 8-7A-2 Definitions. For purposes of this chapter, the following terms shall
have the following meanings: (1) AGENT or AUTHORIZED DELEGATE. Any person designated or employed
by a licensee under this chapter to provide monetary transmission services on behalf of the
licensee. (2) APPLICANT. Any person that files an application for a license under this chapter.
(3) BANK. An institution organized under federal or state law which meets any of the following
requirements: a. Accepts demand deposits or deposits that the depositor may use for payment
to third parties and engages in the business of making loans. b. Engages in credit card operations
and maintains only one office that accepts deposits, does not accept demand deposits or deposits
that a depositor may use for payments to third parties, does not accept a savings or time
deposit less than one hundred thousand dollars ($100,000), and does not engage in the business
of making commercial loans. c. Is a trust company subject to...
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41-22-3
Section 41-22-3 Definitions. The following words and phrases when used in this chapter
shall have the meanings respectively ascribed to them in this section, except when
the context otherwise requires: (1) AGENCY. Every board, bureau, commission, department, officer,
or other administrative office or unit of the state, including the Alabama Department of Environmental
Management, other than the Legislature and its agencies, the Alabama State Port Authority,
the courts, the Alabama Public Service Commission, or the State Banking Department, whose
administrative procedures are governed by Sections 5-2A-8 and 5-2A-9. The term does not include
boards of trustees of postsecondary institutions, boards of plans administered by public pension
systems, counties, municipalities, or any agencies of local governmental units, unless they
are expressly made subject to this chapter by general or special law. (2) COMMITTEE. The Joint
Committee on Administrative Rule Review, comprised of the members of...
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