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5-5A-22
Section 5-5A-22 Limits of indebtedness. (a) No bank shall make a loan to any one person which,
when combined with all other loans to such person, would cause total loans to that person
to exceed: (1) Ten percent of the capital accounts of the bank, if such loans are not secured,
or (2) Twenty percent of the capital accounts of the bank, if loans in excess of 10 percent
of capital are fully secured. (b) No loans which would exceed the limitation set forth in
subsection (a)(1) shall be made unless duly authorized or approved in advance by the board
of directors of the bank, a committee of the board of directors of the bank, or a loan committee,
with such authorization or approval recorded in minutes of the meeting at which the authority
was given. (c)(1) As used in this section, the term "capital accounts" shall include
capital, surplus, and undivided profits as defined in Section 5-1A-2, together with obligations
of the bank subordinated in priority upon liquidation or dissolution to...
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5-13B-111
Section 5-13B-111 Asset maintenance. (a) Each foreign bank which is licensed to establish and
maintain an Alabama state branch or Alabama state agency shall hold in this state currency,
bonds, notes, debentures, drafts, bills of exchange, or other evidences of indebtedness, including
loan participation agreements or certificates, or other obligations payable in the United
States or in United States funds or, with the prior approval of the superintendent, in funds
freely convertible into United States funds, or such other assets as the superintendent shall
by regulation or order permit, in an amount which shall bear such relationship as the superintendent
shall by regulation or order prescribe to liabilities of such foreign bank payable at or through
its Alabama state branch or Alabama state agency, including acceptances, but excluding amounts
due and other liabilities to other offices, agencies, or branches of, and wholly owned, except
for a nominal number of directors' shares,...
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5-2A-12
may direct the superintendent to issue an order that imposes civil money penalties on the bank
or bank holding company and affected person and, if so determined by the Banking Board, that
removes any affected person: (1) Who does not comply with the superintendent's order to correct
unsafe and unsound matters if the Banking Board by written order enters a finding that the
bank has thereby suffered or will probably suffer substantial financial loss and that such
practice is one involving personal dishonesty on the part of such affected person or
one which demonstrates a willful and continuing disregard for the safety and soundness of
the bank or bank holding company, the result of which has caused the bank to suffer or which
is likely to cause the bank to suffer substantial financial loss; or (2) Whose conduct: a.
demonstrates personal dishonesty in connection with the business, operations, assets,
or liabilities of the bank or bank holding company; or b. demonstrates a willful and...
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5-7A-62
Section 5-7A-62 Application to convert charter; written plan of conversion; authorizing resolution;
submission to superintendent; fee; tentative approval; vote of stockholders or members; directors;
articles of incorporation and bylaws; statement of superintendent's objections; amendment;
appeal of disapproval; application to FDIC; final approval and permit. Any savings institution
may apply to the superintendent for permission to convert its charter in order to do business
as a state chartered bank in accordance with the following procedures: (1) The board of directors
shall approve a written plan of conversion, the application for conversion and shall adopt
an authorizing resolution, all by a vote of a majority of all the directors. The plan of conversion
shall include a statement of: a. The proposed organization and management structure of the
resulting bank if the application were approved, and the proposed name under which it would
do business as a bank; b. The method and time...
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40-14-41
or other political subdivision of the State of Alabama, or any public corporation organized
under the laws of the State of Alabama, unless the corporation is a dealer in securities.
c. The amount invested by the taxpayer in all devices, facilities, or structures, and all
identifiable components or materials for use therein, acquired or constructed primarily for
the control, reduction, or elimination of air or water pollution. d. The amount invested by
the taxpayer in all real and tangible personal property, equipment, facilities, structures,
and components including, but not limited to, all aircraft replacement parts, components,
systems, supplies, and sundries affixed or used on an aircraft, and ground support equipment
and vehicles used by or for the aircraft, when used by certified or licensed air carrier with
a hub operation within this state, for use in conducting intrastate, interstate, or foreign
commerce for transporting people or property by air. For the purpose of this...
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45-37A-51.137
an endorser or surety or in any manner an obligor for monies loaned to or borrowed from the
board. In the adjudication of claims against the fund, the records of the city director of
finance and subcustodian made and kept for the purpose of this subpart shall be deemed prima
facie, to speak the truth. (c) The board of managers shall have the sole and absolute discretion,
if the board deems it advisable to invest, reinvest, and have invested and reinvested all
funds of the system, real and personal, in the classes of bonds, mortgages, common
and preferred stocks, shares of investment companies or mutual funds, real estate investment
trusts, international equity, corporate fixed income, international fixed income, index funds,
and derivative securities, and investments recognized as alternative investments or other
investments as the board of managers may approve, subject to the limitations herein provided.
No money of the fund shall be invested, paid out, or disbursed except pursuant...
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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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16-33B-4
Loan Law. No obligation of ACHE for purposes of the loan program or for losses on student loans
resulting from death, default, bankruptcy, or total or permanent disability of the student
borrowers shall ever (i) create an obligation or a debt of the State of Alabama or any agency
or political subdivision thereof other than ACHE or a charge against the credit or taxing
powers of the state or any agency or political subdivision thereof other than ACHE, or (ii)
create or give rise to any personal liability of any of the commissioners or officers
of ACHE, but shall be payable solely from the ACHE "Student Loan Program Fund".
(13) To enter into contracts, agreements or covenants with, to accept aid, loans and grants
from, to cooperate with, to make loan servicing arrangements and other management arrangements
with, and to do any and all things not specifically prohibited by this chapter or other applicable
laws of the state that may be necessary in order for ACHE to avail itself of...
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16-22-9
Section 16-22-9 Educational authority sick leave bank plans. (a) The following terms shall
have the following meanings, respectively: (1) CATASTROPHIC ILLNESS. Any illness, injury,
or pregnancy or medical condition related to childbirth, certified by a licensed physician
which causes the employee to be absent from work for an extended period of time. (2) CHIEF
EXECUTIVE OFFICER. The superintendent of any public county or city school system; the President
of the Alabama Institute for Deaf and Blind; the president of any two-year school or college
under the auspices of the State Board of Education; the President of Alabama Agricultural
and Mechanical University; the Superintendent of the Department of Youth Services School District;
the Executive Director of the Alabama School of Fine Arts; and the Executive Director of the
Alabama High School of Mathematics and Science. (3) EDUCATIONAL AUTHORITY or AUTHORITY or
BOARD. Each city and county board of education; the Board of Trustees of the...
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27-29-5
Section 27-29-5 Transactions of insurers with affiliates; adequacy of surplus; dividends and
other distributions. (a) Transactions within an insurance holding company system to which
an insurer subject to registration is a party shall be subject to all of the following standards:
(1) The terms shall be fair and reasonable. (2) Agreements for cost sharing services and management
shall include such provisions as required by rule and regulation issued by the commissioner.
(3) Charges or fees for services performed shall be reasonable. (4) Expenses incurred and
payment received shall be allocated to the insurer in conformity with customary insurance
accounting practices consistently applied. (5) The books, accounts, and records of each party
to all such transactions shall be so maintained as to clearly and accurately disclose the
nature and details of the transactions including such accounting information as is necessary
to support the reasonableness of the charges or fees to the...
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