Code of Alabama

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7-3-206
Section 7-3-206 Restrictive indorsement. (a) An indorsement limiting payment to a particular
person or otherwise prohibiting further transfer or negotiation of the instrument is not effective
to prevent further transfer or negotiation of the instrument. (b) An indorsement stating a
condition to the right of the indorsee to receive payment does not affect the right of the
indorsee to enforce the instrument. A person paying the instrument or taking it for value
or collection may disregard the condition, and the rights and liabilities of that person are
not affected by whether the condition has been fulfilled. (c) If an instrument bears an indorsement
(i) described in Section 7-4-201(b), or (ii) in blank or to a particular bank using the words
"for deposit," "for collection," or other words indicating a purpose of
having the instrument collected by a bank for the indorser or for a particular account, the
following rules apply: (1) A person, other than a bank, who purchases the instrument...
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7-4A-405
Section 7-4A-405 Payment by beneficiary's bank to beneficiary. (a) If the beneficiary's bank
credits an account of the beneficiary of a payment order, payment of the bank's obligation
under Section 7-4A-404(a) occurs when and to the extent (i) the beneficiary is notified of
the right to withdraw the credit, (ii) the bank lawfully applies the credit to a debt of the
beneficiary, or (iii) funds with respect to the order are otherwise made available to the
beneficiary by the bank. (b) If the beneficiary's bank does not credit an account of the beneficiary
of a payment order, the time when payment of the bank's obligation under Section 7-4A-404(a)
occurs is governed by principles of law that determine when an obligation is satisfied. (c)
Except as stated in subsections (d) and (e), if the beneficiary's bank pays the beneficiary
of a payment order under a condition to payment or agreement of the beneficiary giving the
bank the right to recover payment from the beneficiary if the bank does...
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7-4A-210
Section 7-4A-210 Rejection of payment order. (a) A payment order is rejected by the receiving
bank by a notice of rejection transmitted to the sender orally, electronically, or in writing.
A notice of rejection need not use any particular words and is sufficient if it indicates
that the receiving bank is rejecting the order or will not execute or pay the order. Rejection
is effective when the notice is given if transmission is by a means that is reasonable in
the circumstances. If notice of rejection is given by a means that is not reasonable, rejection
is effective when the notice is received. If an agreement of the sender and receiving bank
establishes the means to be used to reject a payment order, (i) any means complying with the
agreement is reasonable, and (ii) any means not complying is not reasonable unless no significant
delay in receipt of the notice resulted from the use of the noncomplying means. (b) This subsection
applies if a receiving bank other than the beneficiary's...
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27-27-12
Section 27-27-12 Deposit of solicitation permit funds in escrow - Requirement. (a) All funds
received in Alabama pursuant to a solicitation permit, other than advance premiums for insurance
which are subject to Section 27-27-18, shall, by the permit holder, be deposited and held
in escrow in a bank or trust company located in this state under an agreement approved by
the commissioner. (b) No part of such funds shall be withdrawn from such deposit, except:
(1) For the payment of promotion, sales, and organization expenses as authorized by the solicitation
permit, and funds for such purposes may be withheld from the deposit; (2) For the purpose
of making any deposit with the commissioner required for the issuance of a certificate of
authority to an insurer; (3) If the proposed organization is not to be an insurer, upon completion
of payments on securities subscriptions made under the solicitation permit and deposit or
appropriation of such funds to the purposes specified in the...
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5-10A-1
Section 5-10A-1 Authorization or direction of banks to postpone paying liabilities, segregate
deposits and assets, renew loans, etc. The superintendent with the concurrence of not less
than two other members of the Banking Board, or any three members of the Banking Board without
action by said superintendent, are hereby authorized and empowered, in addition to all other
powers now conferred by law upon the superintendent or the Banking Board, or both, whenever
in their judgment the circumstances warrant it, to authorize or direct any and all banks:
(1) To postpone for any length of time the payment of any proportion of deposit or other liabilities,
demand and savings account liabilities and certificate of deposit liabilities to any individual,
firm, corporation or entity as said state officials may deem necessary and expedient, to be
determined by them according to any facts and conditions which in their opinion, for emergency
or other reasons, require such action in each particular...
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5-13B-86
Section 5-13B-86 Powers of branch and agency. (a) Except as otherwise specifically provided
in this division or in regulations or orders adopted by the superintendent, and notwithstanding
any other law or regulation of this state to the contrary, operations of a foreign bank at
an Alabama state branch or Alabama state agency shall be conducted with the same rights, privileges,
and powers as an Alabama state bank at the same location, including, but not limited to, the
eligibility to exercise fiduciary or trust powers, and shall be subject to all the same duties,
restrictions, penalties, liabilities, conditions, and limitations that would apply under the
laws of this state to an Alabama state bank doing business at the same location. (b) Among
other exceptions to the provisions of subsection (a) that may be required or authorized by
the superintendent pursuant to the provisions of this division: (1) An Alabama state branch
that was not grandfathered as an "insured branch" within the...
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7-4-215
Section 7-4-215 Final payment of item by payor bank; when provisional debits and credits become
final; when certain credits become available for withdrawal. (a) An item is finally paid by
a payor bank when the bank has first done any of the following: (1) Paid the item in cash;
(2) Settled for the item without having a right to revoke the settlement under statute, clearing-house
rule, or agreement; or (3) Made a provisional settlement for the item and failed to revoke
the settlement in the time and manner permitted by statute, clearing-house rule, or agreement.
(b) If provisional settlement for an item does not become final, the item is not finally paid.
(c) If provisional settlement for an item between the presenting and payor banks is made through
a clearing house or by debits or credits in an account between them, then to the extent that
provisional debits or credits for the item are entered in accounts between the presenting
and payor banks or between the presenting and successive...
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23-7-2
Section 23-7-2 Definitions. For the purposes of this chapter, the following words shall have
the following meanings: (1) BANK. The Alabama Transportation Infrastructure Bank. (2) BOARD.
The board of directors of the bank. (3) BONDS. Includes bonds, notes, or other evidence of
indebtedness except as otherwise provided in this chapter. (4) DEPARTMENT or DEPARTMENT OF
TRANSPORTATION. The Alabama Department of Transportation. (5) ELIGIBLE COST. As applied to
a qualified project to be financed from the federal highway account, the costs that are permitted
under applicable federal laws, requirements, procedures, and guidelines in regard to establishing,
operating, and providing assistance from the bank. As applied to a qualified project to be
financed from the state highway account, these costs include the costs of preliminary engineering,
traffic, and revenue studies; environmental studies; right-of-way acquisition; legal and financial
services associated with the development of the...
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36-17-3
Section 36-17-3 Duties generally. The powers, functions, and duties of the Treasurer shall
be: (1) To receive all moneys due the state and deposit them in the proper accounts. (2) To
perform the functions and duties now authorized by law with respect to state depositaries.
(3) To pay all warrants duly executed by the Comptroller, and to pay for funds electronically
transferred by the Comptroller in accordance with Section 41-4-50, upon the determination
that there is sufficient money for the payment thereof in the fund upon which they are drawn.
No warrant executed by any other person shall be honored. All checks drawn on the state funds
shall be signed by the Treasurer, or the chief clerk in the office, and countersigned by the
special assistant in the office of the Treasurer, who is appointed by the Treasurer with the
approval of the Governor. Another employee may be designated by the Treasurer, with the approval
of the Governor, to countersign checks in the absence of the special...
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7-4A-202
Section 7-4A-202 Authorized and verified payment orders. (a) A payment order received by the
receiving bank is the authorized order of the person identified as sender if that person authorized
the order or is otherwise bound by it under the law of agency. (b) If a bank and its customer
have agreed that the authenticity of payment orders issued to the bank in the name of the
customer as sender will be verified pursuant to a security procedure, a payment order received
by the receiving bank is effective as the order of the customer, whether or not authorized,
if (i) the security procedure is a commercially reasonable method of providing security against
unauthorized payment orders, and (ii) the bank proves that it accepted the payment order in
good faith and in compliance with the security procedure and any written agreement or instruction
of the customer restricting acceptance of payment orders issued in the name of the customer.
The bank is not required to follow an instruction that...
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