|
5-5A-9
Section 5-5A-9 Procedure for incorporation - Judicial review. Nothing in this chapter shall
be construed to prevent the Circuit Court of Montgomery County, as provided by law, from reviewing
and reversing either the action of the Banking Board in granting or refusing a charter or
permitting the organization of a new bank or the action of the superintendent in granting
a charter or permitting the organization of a new bank. Written notice of appeal must be filed
with that court within 28 days of the order from which the appeal is taken. Upon proper proceedings,
the court, after full hearing of the matters at issue, shall enter an order or judgment reversing
or affirming the order appealed. The granting of a charter or permit by the superintendent
or granting or refusal to grant a charter or permit by the Banking Board shall be taken as
prima facie just and reasonable. (Acts 1980, No. 80-658, §5-5-9.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-5A-9.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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-104.htm - 3K - Match Info - Similar pages
11-50-16
Section 11-50-16 Employment of mayor or president of board of commissioners of certain municipalities
as superintendent of light, water, sewer or gas systems, etc.; duties and compensation; validation
of prior employment, etc. (a) In all incorporated municipalities organized and operating under
the provisions of Articles 1, 2, and 3 of Chapter 44, of this title, which own and operate
a municipal light and power system, a municipal water system, a municipal sewage system, or
a municipal gas system or any of them, the board of commissioners may, by resolution duly
entered in its minutes, authorize the mayor or president of the board of commissioners to
act as superintendent of such system or systems and to give as much of his time thereof as
the commissioners may direct; provided, that in any such municipality in which a municipal
board or municipal public corporation owns or operates a municipal light and power system,
a municipal water system, a municipal sewage system, or a municipal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-50-16.htm - 3K - Match Info - Similar pages
5-5A-2
Section 5-5A-2 Procedure for incorporation - Notice of intention to incorporate. Before a bank
can become incorporated under the laws of Alabama, a notice of intention to organize such
bank shall be published once a week for three successive weeks in the newspaper designated
by the superintendent. Such notice shall specify the names of the proposed incorporators,
the name of the proposed corporation, the place where it proposes to do business and the amount
of capital paid in with which it will commence business, provided however, where the superintendent
determines an emergency exists which might cause or has caused closing or liquidating an existing
bank, the superintendent may waive such advance publication requirement in order to permit
formation of a new bank, and such publication shall occur after the new bank commences business.
(Acts 1980, No. 80-658, §5-5-2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-5A-2.htm - 1K - Match Info - Similar pages
5-5A-27
Section 5-5A-27 Loans secured by own stock; purchase of own stock; ownership of capital stock
of other banks. No bank shall make a loan taking its own stock as security therefor or directly
or indirectly purchase shares of its own stock, except in pursuance of provisions of law for
reducing its capital stock. No bank shall subscribe for or own capital stock in any other
bank except in the usual course of business in payment of an indebtedness or in order to prevent
a loss on a debt owing to it and the bank must sell said stock within one year from the time
the same is acquired unless this time period is extended by the superintendent; provided,
however, that nothing in this section shall prohibit the ownership by any bank of any stock
in another bank acquired prior to May 28, 1980. (Acts 1980, No. 80-658, §5-5-27.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-5A-27.htm - 1K - Match Info - Similar pages
5-5A-8
Section 5-5A-8 Procedure for incorporation - Refusal to permit incorporation; appeal from refusal
to Banking Board. If the superintendent is of the opinion from his investigation that the
character and general fitness of the persons named as stockholders or executive officers are
such as not to command the confidence of the community in which such bank is proposed to be
located or that there is not a sufficient business to support said bank in said community
or that the convenience or needs of said community shall not be served, he shall issue under
his hand and official seal, a refusal to permit the incorporation of the proposed bank and
a copy of his refusal shall be filed in the superintendent's office, and the refusal and the
proposed certificate of incorporation shall be returned to the proposed incorporators or their
agent. No right of appeal to the Banking Board exists except upon refusal of the superintendent
to permit incorporation. Any proposed stockholder or individual may...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-5A-8.htm - 2K - Match Info - Similar pages
26-2A-148
Section 26-2A-148 Conservators; title by appointment. (a) The appointment of a conservator
vests in the conservator title as trustee to all property, or to the part thereof specified
in the order, of the protected person, presently held or thereafter acquired, including title
to any property theretofore held for the protected person. Appointment of a conservator does
not terminate a custodianship created under a Uniform Gifts to Minors Act or a Uniform Transfers
to Minors Act, or a valid durable power of attorney, except on order of the court. An order
specifying that only a part of the property of the protected person vests in the conservator
creates a limited conservatorship. (b) Except as otherwise permitted herein, the interest
of the protected person in property vested in a conservator by this section is not transferable
or assignable by the protected person. An attempted transfer or assignment by the protected
person, though ineffective to affect property rights, may generate a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-148.htm - 1K - Match Info - Similar pages
34-8-6
Section 34-8-6 Prohibited acts; penalties; cease and desist orders. (a) Any person, firm, or
corporation not being duly authorized who shall engage in the business of general contracting
in this state, except as provided for in this chapter, and any person, firm, or corporation
presenting or attempting to file as its own the license certificate of another, or who shall
give false or forged evidence of any kind to the board, or to any member thereof, in obtaining
a certificate of license, or who falsely shall impersonate another, or who shall use an expired
or revoked certificate of license shall be deemed guilty of a Class A misdemeanor and for
each offense for which he or she is convicted shall be punished as provided by law. Furthermore,
any person including an owner, architect, engineer, construction manager, or private awarding
authority who considers a bid from anyone not properly licensed under this chapter shall be
deemed guilty of a Class B misdemeanor and shall for each...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-8-6.htm - 4K - Match Info - Similar pages
5-13B-103
Section 5-13B-103 Supervision and enforcement. (a) The superintendent shall have all of the
powers granted to him or her by the laws of this state to the extent appropriate to enable
him or her to supervise each Alabama state branch, Alabama state agency, or Alabama representative
office. (b) If, after notice and a hearing, the superintendent finds that any person has violated
any provision of this article or of any regulation or order issued under this article, he
or she may, in addition to any other remedy or action available to the superintendent under
the laws of this state, order such person to pay to the superintendent a civil penalty in
such a manner and in such an amount as the superintendent shall determine in accordance with
the laws of this state and regulations thereunder. (c) In order to carry out the purposes
under this article, the superintendent may: (1) Enter into cooperative, coordinating, or information-sharing
agreements with any other bank supervisory agency or any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-13B-103.htm - 3K - Match Info - Similar pages
5-13B-23
Section 5-13B-23 Interstate merger transactions and branching; operation of branches. (a) One
or more Alabama state banks may enter into an interstate merger transaction with one or more
out-of-state banks under this article, and an out-of-state bank resulting from such transaction
may maintain and operate the branches in Alabama of an Alabama state bank that participated
in such transaction, provided that the conditions and filing requirements of this article
are met. (b) Except as otherwise expressly provided in this subsection, an interstate merger
transaction, establishment of a de novo branch, or acquisition of a branch shall not be permitted
under this article if, upon consummation of such transaction, the out-of-state bank, including
all insured depository institutions that would be "affiliates" as defined in 12
U.S.C. §1841(k) of the out-of-state bank, would control 30 percent or more of the total amount
of deposits held by all insured depository institutions in this state....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-13B-23.htm - 4K - Match Info - Similar pages
|