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24-1A-42
Section 24-1A-42 Definitions. As used in this article, the following terms shall have the following
meanings: (1) ALABAMA HOME BUYERS INITIATIVE. A program that includes a conventional mortgage
program not to exceed one billion dollars ($1,000,000,000) in aggregate loan amount to be
administered by the program administrator, under which single family mortgage loans, as defined
in Section 24-1A-2, are purchased by the program administrator and sold to the initial holder,
and one or more alternative housing programs. No mortgage loan shall be made to any person
who is not a citizen of the United States or is not legally present in the United States with
appropriate documentation from the federal government. (2) ALTERNATIVE HOUSING PROGRAM. Any
program or other activity that is certified to the State Treasurer by the program administrator
under Section 24-1A-44(c)(2), that will be administered by the program administrator, and
that will promote home ownership in Alabama, including,...
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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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5-8A-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....
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5-22-2
Section 5-22-2 Definitions. For the purpose of this chapter, the following terms shall have
the meanings ascribed by this section: (1) CURRENCY. Currency and coin of the United States.
(2) FINANCIAL INSTITUTION. Any national bank or banking association, state bank or banking
association, industrial savings bank, trust company, federal savings and loan association,
state savings and loan association, federal savings bank, state savings bank, federal credit
union, state credit union, Edge Act or agreement corporation, or international bank agency,
located in this state, whether organized under the laws of this state, the laws of another
state, or the laws of the United States. (3) PERSON. Any individual, and any corporation,
partnership, association or other such business entity. (Acts 1990, No. 90-469, p. 674, §2.)...
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5-25-3
Section 5-25-3 Persons excluded. The following persons are not subject to the provisions of
this chapter: (1) Any depository institution as defined in Section 3 of the Federal Deposit
Insurance Act, any subsidiary institution that is owned and controlled by a depository institution,
and employees of any of the foregoing. Bank holding companies and subsidiaries of bank holding
companies, thrift holding companies and subsidiaries of thrift holding companies, trust companies,
savings or building and loan associations, savings banks and other thrift institutions, credit
unions, and all other affiliates of each of the above persons if more than 50 percent of the
affiliate's shares or other ownership interests are owned or controlled by such person, and
federally or state constituted agencies and employees of any of the foregoing. (2) Any person
licensed under Section 5-19-22. (3) An attorney licensed to practice law in Alabama who is
not principally engaged in negotiating mortgage loans...
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5-20-3
Section 5-20-3 Definitions. Notwithstanding any other provision of law, for the purposes of
this chapter, the following terms shall have the meanings prescribed by this section: (1)
ALABAMA BANK. A bank which is organized under the laws of this state or of the United States
and which has its principal place of business in this state. (2) BANK. Any "insured bank"
as such term is defined in Section 3(h) of the Federal Deposit Insurance Act, 12 U.S.C. §1813(h).
(3) BANK HOLDING COMPANY. Any company which is a bank holding company under the Bank Holding
Company Act of 1956, as amended, 12 U.S.C. §1841(a). (4) CREDIT CARD. Any type of arrangement
or agreement pursuant to which any domestic lender or credit card bank, whether directly or
indirectly through any domestic lender acting as its agent, gives a debtor the privilege of
using a credit card or other credit confirmation, device or instrument of any type in transactions
out of which debt arises: a. By the domestic lender or credit...
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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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5-2A-61
Section 5-2A-61 Created; commissioner and deputy commissioner generally; examiners; disclosure
of information by officers; seal of commissioner. (a) There is hereby created a Savings and
Loan Bureau which shall be a bureau of the State Banking Department. (b) The bureau shall
be set up, established and administered by the Savings and Loan Commissioner under the executive
direction and control of the State Banking Department, and the commissioner shall be the same
person as the Superintendent of Banks. The Deputy Superintendent of Banks shall be the deputy
commissioner. The salaries of the commissioner and the deputy commissioner shall be payable
out of the treasury, as the salaries of other state officials are paid, and the commissioner
and his deputy shall be allowed and paid for necessary travelling expenses while travelling
upon official business as provided in Article 2 of Chapter 7 of Title 36. (c) The deputy commissioner
shall serve as secretary at the meetings of the Savings and...
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5-11A-5
Section 5-11A-5 Deposit of security for operation of trust business - Amount required and form;
charges against deposit. Any corporation organized and operating as a trust company or as
a bank authorized by law to do a trust business may deposit with the State Treasurer or elsewhere
United States bonds, bonds, notes or debentures of any federal agency such as a federal land
bank, banks for cooperatives, Farm Home Administration, Federal National Mortgage Association,
etc., Alabama bonds, bonds of any city or county in the State of Alabama or mortgages which
are first liens on real estate, worth in each case double the face of the mortgage, situated
in this state, to an amount not less than $25,000.00, and may increase said deposit from time
to time or reduce the same to an amount not less than $25,000.00, or may withdraw the deposit
entirely, provided such trust companies or banks have made final settlement and accounted
for all assets in their possession and under their control by...
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23-7-5
Section 23-7-5 Powers and functions. (a) In addition to the powers contained in other provisions
of this chapter, the bank has all power necessary, useful, or appropriate to fund, operate,
and administer the bank, and to perform its other functions including, but not limited to,
the following power to: (1) Have perpetual succession. (2) Adopt, promulgate, amend, and repeal
bylaws, not inconsistent with this chapter for the administration of the bank's affairs and
the implementation of its functions including the right of the board to select qualifying
projects and to provide loans and other financial assistance. (3) Sue and be sued in its own
name. (4) Have a seal and alter it at pleasure, although the failure to affix the seal does
not affect the validity of an instrument executed on behalf of the bank. (5) Make loans to
qualified borrowers to finance the eligible costs of qualified projects and to acquire, hold,
and sell loan obligations at prices and in a manner as the board...
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