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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...
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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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8-1A-3
Section 8-1A-3 Scope. (a) Except as otherwise provided in subsection (b), this chapter applies
to electronic records and electronic signatures relating to a transaction. (b) This chapter
does not apply to a transaction to the extent it is governed by any of the following: (1)
A law governing the creation and execution of wills, codicils, or testamentary trusts. (2)
Title 7, the Uniform Commercial Code, other than Sections 7-1-107 and 7-1-206, Article 2,
and Article 2A. (3) A statute, regulation, or other rule of law governing adoption, divorce,
or other matters of family law. (c) This chapter does not apply to any of the following: (1)
Court orders or notices, or official court documents, including briefs, pleadings, and other
writings, required to be executed in connection with court proceedings. (2) Any notice of
any of the following: a. The cancellation or termination of utility services, including water,
heat, and power. b. Default, acceleration, repossession, foreclosure, or...
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24-4A-3
Section 24-4A-3 Powers and duties of commission generally; insignia of approval; modification
of units prior to or during installation; authority of local government agencies; fee schedule;
manufactured buildings approved by other states. (a) The commission is authorized to promulgate
rules, and enter into contracts, and do such things as may be necessary and incidental to
the administration of its authority pursuant to this chapter. (b) After the effective date
of the rules adopted pursuant to this chapter, no manufactured building shall be sold, or
offered for sale, or installed, in this state unless it is approved and bears the insignia
of approval of the commission. (c) The Factory-Built Housing Act of 1971 and the rules promulgated
under that act shall continue until the effective date of subsection (b) of this section,
and thereafter shall be repealed. All personnel of the Modular Housing Division of the Alabama
Development Office shall be transferred without impairment of their...
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27-17A-10
Section 27-17A-10 Certificate required. (a) No person may sell a preneed contract without first
having a valid certificate of authority. (b)(1) No person may receive any funds for payment
on a preneed contract who does not hold a valid certificate of authority. (2) Any preneed
transaction in which a buyer pays to the seller before need, in whole or in part, a purchase
price for funeral or cemetery merchandise and services, and in which the seller is not obligated
to deliver the contracted for merchandise or to perform the services until need, in whole
or in part, shall be evidenced by a written preneed contract satisfying the requirements of
this chapter and signed by the seller and the purchaser. No person may receive or accept any
form of consideration in such a transaction without a fully signed written preneed contract.
A transaction not evidenced by a signed written preneed contract shall be voidable at the
election of the buyer and, if such election is made, the seller shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-10.htm - 3K - Match Info - Similar pages
5-19-19
Section 5-19-19 Liabilities of creditor making excess finance charge; failure to obtain license;
damages for deliberate violation or reckless disregard; written notice of violations; oral
statements not admissible; fiduciary duty not created. (a)(1)(i) Any creditor charging a finance
charge in excess of the amount authorized herein, except as specified in subdivision (2),
shall forfeit debtor's actual economic damages not to exceed the finance charge, and shall
refund to the debtor such amount of the actual economic damages, which may be done by reducing
the amount of the debtor's obligation. If the debtor is entitled to a refund and the creditor
refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including
the filing of a legal action, the debtor shall recover a penalty of five times the amount
of the actual economic damages not to exceed the finance charge, but in any event not less
than one hundred dollars ($100). Provided, however, as to any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-19.htm - 7K - Match Info - Similar pages
40-16-1
Section 40-16-1 Definitions. For the purpose of this chapter, the following terms shall have
the respective meanings ascribed to them by this section: (1) FINANCIAL INSTITUTION. Any person,
firm, corporation, and any legal entity whatsoever doing business in this state as a national
banking association, bank, banking association, trust company, industrial or other loan company
or building and loan association, and such term shall likewise include any other institution
or person employing moneyed capital coming into competition with the business of national
banks, and shall apply to such person or institution regardless of what business form and
whether or not incorporated, whether of issue or not, and by whatsoever authority existing.
The common parent corporation of a controlled group of corporations eligible to elect to file
a consolidated excise tax return, in accordance with Section 40-16-3, shall be considered
a financial institution if such parent corporation is a registered bank...
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8-32-3
Section 8-32-3 Requirements for selling or offering to sell service contracts. (a) Either the
provider or its designee shall: (1) Provide a receipt for, or other written evidence of, the
purchase of the service contract to the contract holder. (2) Provide a copy of the service
contract to the service contract holder within a reasonable period of time from the date of
purchase. (b) A provider may, but is not required to, appoint an administrator or other designee
to be responsible for any or all of the administration of service contracts and compliance
with this chapter. (c) Each provider of service contracts sold in this state shall file a
registration with the commissioner on a form prescribed by the commissioner. Each provider
shall pay to the commissioner a fee in the amount of two hundred dollars ($200) annually.
All fees collected shall be paid into a special revolving fund to be set up by the State Treasurer
referred to as the "Service Contract Revolving Fund." The Service...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-32-3.htm - 8K - Match Info - Similar pages
27-12-14
Section 27-12-14 Inducements as to property, casualty, or surety insurance. (a) No property,
casualty, or surety insurer, or any employee thereof, and no broker, agent, or solicitor shall
pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement
to insurance or after insurance has been effected, any rebate, discount, abatement, credit,
or reduction of the premium named in a policy of insurance, or any special favor or advantage
in the dividends or other benefits to accrue thereon or any valuable consideration or inducement
whatever not specified in the policy except to the extent provided for in rating systems filed
with the commissioner by, or on behalf of, the insurer and approved by the commissioner. (b)
No insured named in a policy nor any employee of such insured shall knowingly receive or accept,
directly or indirectly, any such rebate, discount, abatement, credit, or reduction of premium.
(c) Nothing in this section shall be construed as...
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7-9A-525
Section 7-9A-525 Fees. (a) Initial financing statement or other record: General rule. Except
as otherwise provided in subsection (e), and except that no filing fee is required for the
filing of a termination statement pursuant to Section 7-9A-513, the fee for filing and indexing
a record under this part is: (1) $20.00 if the record is communicated in writing and consists
of one or two pages; (2) $20.00 plus $2.00 for each page more than two if the record is communicated
in writing and consists of more than two pages; and (3) $15.00 if the record is communicated
by another medium authorized by filing-office rule. (b) Initial financing statement: Manufactured-housing
transactions: Section 7-9A-502(c). Except as otherwise provided in subsection (c), the fee
for filing and indexing an initial financing statement of the kind described in Section 7-9A-502(c)
is $10.00 if the financing statement indicates that it is filed in connection with a manufactured-home
transaction. (c) Number of...
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