Code of Alabama

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5-2A-8
Section 5-2A-8 Superintendent - Promulgation and interpretation of regulations. The superintendent
may, with the concurrence of a majority of the members of the State Banking Board or as otherwise
provided in this title, promulgate such reasonable regulations, consistent with the laws of
this state, as may be necessary to carry out the provisions of this title over which the State
Banking Department has jurisdiction. The superintendent shall, in addition, issue written
interpretations of banking laws and regulations. Any bank or bank holding company and any
officer or director thereof relying on any regulation or interpretation shall be fully protected
even though the same shall be thereafter ruled invalid for any reason by a court of competent
jurisdiction. (Acts 1980, No. 80-658, p. 1259, §5-2-10; Acts 1985, No. 85-457, p. 425, §3;
Acts 1995, No. 95-115, p. 134, §69; Act 2013-352, p. 1261, §1.)...
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5-5A-20
Section 5-5A-20 Branch banks; commercial affiliates. (a) Alabama banks may establish a branch
or office for the transaction of the banking business within the State of Alabama upon prior
approval of the superintendent. Alabama banks may establish a branch or office for the transaction
of a banking business in any state other than Alabama, any territory of the United States,
or in any foreign country in accordance with the provisions of federal law, the laws of the
other state, territory, or foreign country and upon the prior approval of the superintendent.
(b) All laws or parts of laws, whether general, local, or general laws of local applications,
which conflict with this section are hereby repealed to the extent of such conflict. (c) Neither
an Alabama bank nor an out-of-state bank may establish or maintain a branch or office for
the transaction of the banking business in Alabama on the premises of a commercial affiliate
of the bank. For purposes of this section, commercial affiliate...
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5-17-60
Section 5-17-60 Confidentiality of conditions and affairs of credit unions; disclosures. (a)
Except as otherwise provided in this title or under state or federal law, the administrator,
a member of the Credit Union Board, or an examiner or other state employee may not disclose
the condition and affairs of any credit union, its supervisory committee, or subsidiaries
or other affiliates, ascertained by an examination of such credit union or affiliates, or
report or give out nonpublic personal information of credit union members, except as authorized
or required by law; provided that this section shall not be construed to prevent examiners
and other employees from reporting such information to the administrator or such persons as
the administrator may lawfully designate. (b) Notwithstanding subsection (a), the administrator,
at the administrator's discretion, may disclose any information otherwise protected under
this section to the members of the Credit Union Board and confer with the...
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27-29-6.1
Section 27-29-6.1 Registered insurers - Supervisory colleges. (a) With respect to any insurer
registered under Section 27-29-4, and in accordance with subsection (c), the commissioner
shall also have the power to participate in a supervisory college for any domestic insurer
that is part of an insurance holding company system with international operations in order
to determine compliance by the insurer with this title. The powers of the commissioner with
respect to supervisory colleges include, but are not limited to, the following: (1) Initiating
the establishment of a supervisory college. (2) Clarifying the membership and participation
of other supervisors in the supervisory college. (3) Clarifying the functions of the supervisory
college and the role of other regulators, including the establishment of a group-wide supervisor.
(4) Coordinating the ongoing activities of the supervisory college, including planning meetings,
supervisory activities, and processes for information sharing....
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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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19-4-1
Section 19-4-1 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) FIDUCIARY. An administrator, an administrator with the will annexed, an administrator
de bonis non, an executor, a trustee, a guardian, a conservator, an agent, a custodian or
a custodian or agent for another fiduciary or fiduciaries. (2) FIDUCIARY ACCOUNT. An estate,
a trust, a guardianship, a custodianship, an agency or any other fiduciary relationship, including
a custodianship or agency for another fiduciary or fiduciaries. (3) BANK. A bank or trust
company organized and existing under the laws of Alabama with authority to act as a fiduciary
and a national banking association with its principal office in the State of Alabama and with
authority to act as a fiduciary. (4) SECURITY. Any note; stock; treasury stock; bond; debenture;
evidence of indebtedness; certificate of interest or participation in...
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22-21-355
Section 22-21-355 Further provisions respecting investment of funds. In addition to the investment
powers granted by the enabling statute, any authority shall, to the extent permitted by the
contracts of such authority with the holders of its securities, have the further power to
invest any portion of the principal proceeds derived from the sale of any of its securities
not then needed for any of the purposes for which such securities were authorized to be issued,
any moneys held in any special fund created pursuant to any resolution or mortgage, mortgage
indenture, mortgage and trust indenture or trust indenture authorizing or securing any of
its securities, and any other moneys of such authority not then needed by it, in any of the
following: (1) Debt securities (whether general obligations or limited or special obligations)
of any state, territory or possession of the United States of America and of any political
subdivision of any such state, territory or possession, but if and...
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19-4-20
Section 19-4-20 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) FIDUCIARY. An administrator, an administrator with the will annexed, an administrator
de bonis non, an executor, a trustee, a guardian, a conservator, an agent or a custodian.
(2) FIDUCIARY ACCOUNT. An estate, a trust, a guardianship, a custodianship, an agency or any
other fiduciary relationship, including a custodianship or agency for another fiduciary or
fiduciaries. (3) BANK. A bank or trust company organized and existing under the laws of Alabama
with authority to act as a fiduciary and a national banking association with its principal
office in the State of Alabama and with authority to act as a fiduciary. (4) SECURITY. Any
note; stock; treasury stock; bond; debenture; evidence of indebtedness; certificate of interest
or participation in an oil, gas or mining title or lease or in payments out...
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16-33B-1
Section 16-33B-1 Definitions. As used in this chapter, unless the context clearly requires
a different meaning, the following words shall have the following meanings: (1) ACHE. The
Alabama Commission on Higher Education. (2) APPROVED LENDER. Any eligible institution, or
any bank, trust company, savings and loan association, credit union, pension fund, or insurance
company, whose primary consumer credit function is not the making of insured student loans
and which is examined and supervised by the appropriate state or federal regulatory agency
or any other institution or agency defined as an eligible lender in accordance with the Federal
Student Loan Law. (3) ELIGIBLE INSTITUTION. Any postsecondary educational institution which
is approved by the Alabama Commission on Higher Education for the purposes of this program.
However, an institution offering exclusively correspondence, independent study, or home study
courses is not an eligible institution. (4) FEDERAL STUDENT LOAN LAW. Title...
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5-19-22
Section 5-19-22 License to engage in business of making consumer loans or taking assignments
of consumer credit contracts - Required; exceptions; application; investigation; standards
for issuance; hearing; licensing under Small Loan Act; fees; participation in Nationwide Mortgage
Licensing System and Registry. (a) No creditor shall engage in any one or more of the following
activities without first having obtained a license from the administrator: (1) Making consumer
loans to Alabama residents, regardless of whether the creditor has a place of business in
Alabama or an employee residing in Alabama. (2) Making consumer loans originated by an individual
required to be licensed as a mortgage loan originator under the Alabama Secure and Fair Enforcement
for Mortgage Licensing Act of 2009. (3) Taking assignments of consumer credit contracts, either
from a place of business in Alabama or through use of an employee residing in Alabama whose
employment includes taking assignments of consumer...
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