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5-5A-45
Section 5-5A-45 Initiation of run on banks, etc. Any person or persons whose business it is,
either as individuals, agents or officers of banks, to receive checks, drafts and demands,
when the same are not entitled to days of grace, upon any bank, and who receives the same,
for collection and retains the same for an unreasonable time, without making known to the
drawee bank that such collections and demands are held for collection, in order to accumulate
a large amount for the purpose of starting what is commonly called a "run" on such
bank, or for the purpose of embarrassing such drawee bank shall be guilty of a misdemeanor.
(Acts 1980, No. 80-658, §5-5-45.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-5A-45.htm - 974 bytes - Match Info - Similar pages
5-6A-1
Section 5-6A-1 Directors of banks to own stock in bank; citizenship and residence of directors.
Not less than 75 percent of the directors of a bank shall, during their whole term of service,
be citizens of the United States. Every director of a bank shall be the owner and holder of
shares of stock in the bank or parent bank holding company. Every director shall hold such
shares in his or her own name, unpledged and unencumbered in any way except statutory lien
which might attach in favor of such corporation. No person convicted of a felony or a crime
involving moral turpitude shall serve as a director. At least 51 percent of the directors
of every bank shall be residents of the state. Any director at any time violating any of the
provisions of this section shall be removed from office by the board of directors or by the
superintendent when the facts are made known to the superintendent. (Acts 1980, No. 80-658,
§5-6-1; Act 98-244, p. 403, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-6A-1.htm - 1K - Match Info - Similar pages
7-4-108
Section 7-4-108 Time of receipt of items. (a) For the purpose of allowing time to process items,
prove balances, and make the necessary entries on its books to determine its position for
the day, a bank may fix an afternoon hour of 2 p.m. or later as a cutoff hour for the handling
of money and items and the making of entries on its books. (b) An item or deposit of money
received on any day after a cutoff hour so fixed or after the close of the banking day may
be treated as being received at the opening of the next banking day. (Acts 1995, No. 95-668,
p. 1381, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-4-108.htm - 887 bytes - Match Info - Similar pages
11-81-114
Section 11-81-114 Maintenance and disposition of sinking fund account for bond issues; enforcement
of maintenance of accounts, payment of bonds, etc.; disposition of assessments securing bonds
in certain cities. (a) The official charged with the duty of collecting assessments shall
keep all sinking funds in some bank or banks paying interest on time deposits to be designated
by the governing body of said municipality and shall provide and keep a separate sinking fund
account for each bond issue. If said officer shall fail to provide and keep said separate
sinking fund account for each such bond issue in said bank or banks or shall divert any of
such funds to other uses or shall fail to pay any bond or bonds or the interest thereon properly
payable from said funds when available, any taxpayer of the issuing municipality or any holder
of bonds of the series affected by such diversion or failure, whether of bonds heretofore
issued or to be hereafter issued, shall have the right to apply...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-81-114.htm - 2K - Match Info - Similar pages
11-88-106
Section 11-88-106 Maintenance of sinking fund accounts by official charged with duty of collecting
assessments; institution of mandamus proceedings against officer failing to maintain separate
sinking fund accounts, pay bonds or interest thereon, etc. The official charged with the duty
of collecting assessments shall keep all sinking funds in some bank or banks paying interest
on time deposits to be designated by the board, and shall provide and keep a separate sinking
fund account for each bond issued. If the said officer shall fail to provide and keep the
said separate sinking fund account for each such bond issue in the said bank or banks or shall
divert any of such funds to other uses or shall fail to pay any bond or bonds or the interest
thereon properly payable from the said funds when available, any user of the improvements
financed thereby or any holder of bonds of the series affected by such diversion or failure
shall have the right to apply to any court of competent...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-88-106.htm - 1K - Match Info - Similar pages
43-2-195
Section 43-2-195 Collection of debts and deposits by nonresident personal representative. The
personal representative of a deceased person, by appointment of a court having jurisdiction
in any state other than the state of Alabama, may receive and collect any indebtedness or
bank deposit owing to the deceased by any person who is a resident of Alabama, and such personal
representative may execute a release, discharge and satisfaction of such indebtedness. Such
personal representative, at the time of or before making such collection and satisfaction,
release or discharge, shall file for record in the probate office of the county wherein the
debtor resides a certified copy of the letters testamentary or of administration issued to
such personal representative, certified in accordance with 28 U.S.C.A., §1738, but no such
collection shall be made until the lapse of 60 days from the date of the death of the deceased,
and no such collection shall be made if proceedings are pending for the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-195.htm - 1K - Match Info - Similar pages
5-5A-30
Section 5-5A-30 Transactions of business on legal holidays; use of automated teller machine
or other instrumentality, transaction fees, disclosure; limitation on contractual fee restrictions,
intent of limitation, applicability. (a) Any bank may lawfully receive deposits or paychecks
or sight drafts and transact any other business on any legal holiday, excepting Sunday, in
the same manner and way that it is authorized to do on any legal banking day. (b) Nothing
in this section, nor any other law of this state, shall be construed to prohibit a bank the
use of an automated teller machine, or other instrumentality as authorized by Section 5-2A-7
and Section 5-2A-8, 24 hours each day of the week including Sunday, and the use of the machine
or other instrumentality by any bank is hereby authorized, provided the machine or other instrumentality
and the use thereof is first approved by the appropriate bank regulatory authority, if the
approval is required. A bank owning or operating a machine...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-5A-30.htm - 2K - Match Info - Similar pages
13A-9-13.2
Section 13A-9-13.2 Negotiating worthless negotiable instrument - Notice of refusal of payment
upon instrument. For purposes of Section 13A-9-13.1: (1) Notice mailed by certified or registered
mail, evidenced by return receipt, to the address printed on the instrument or given at the
time of issuance shall be deemed sufficient and equivalent to notice having been received
by the person making, drawing, uttering, or delivering the instrument. (2) The form of notice
shall be substantially as follows: "This statutory notice is provided pursuant to Section
13A-9-13.2 of the Alabama Code. You are hereby notified that a check or instrument numbered
_____, apparently issued by you on ___ (date), drawn upon ___ (name of bank), and payable
to ___, has been dishonored. Pursuant to Alabama law, you have 10 days from receipt of this
notice to tender payment of the full amount of the check or instrument plus a service charge
of not more than (fill in appropriate amount provided by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-9-13.2.htm - 2K - Match Info - Similar pages
5-8A-32
Section 5-8A-32 Sale, etc., of bad debts and property of bank. The receiver, by making application
to the receivership court, may procure an order to sell or compound all bad or doubtful debts
and on like order may sell all real and personal property of such bank on such terms as the
court shall direct; provided, however, that the receiver shall have the right to ask for a
blanket order from the receivership court for the settlement of all debts, claims of any and
all nature, and deposits and for the sale of real and personal property wherein no single
item exceeds the value of $10,000.00. In all or any of such court proceedings, the bank shall
be made a party by proper service of process issued from the court, and the hearing of any
such application or petition of the superintendent may be had at any time after the bank has
had five days' notice of the application; provided, however, the court may ex parte approve
a purchase and assumption transaction as provided for in 12 U.S.C....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-8A-32.htm - 1K - Match Info - Similar pages
7-3-104
Section 7-3-104 Negotiable instrument. (a) Except as provided in subsections (c) and (d), "negotiable
instrument" means an unconditional promise or order to pay a fixed amount of money, with
or without interest or other charges described in the promise or order, if it: (1) Is payable
to bearer or to order at the time it is issued or first comes into possession of a holder;
(2) Is payable on demand or at a definite time; and (3) Does not state any other undertaking
or instruction by the person promising or ordering payment to do any act in addition to the
payment of money, but the promise or order may contain (i) an undertaking or power to give,
maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder
to confess judgment or realize on or dispose of collateral, or (iii) a waiver of the benefit
of any law intended for the advantage or protection of an obligor. (b) "Instrument"
means a negotiable instrument. (c) An order that meets all of the...
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