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40-9B-3
Section 40-9B-3 Definitions. (a) For purposes of this chapter, the following words and phrases
mean: (1) ABATE, ABATEMENT. A reduction or elimination of a taxpayer's liability for tax or
payments required to be made in lieu thereof. An abatement of transaction taxes imposed under
Chapter 23 of this title, or payments required to be made in lieu thereof, shall relieve the
seller from the obligation to collect and pay over the transaction tax as if the sale were
to a person exempt, to the extent of the abatement, from the transaction tax. (2) ALTERNATIVE
ENERGY RESOURCES. The definition given in Section 40-18-1. (3) CONSTRUCTION RELATED TRANSACTION
TAXES. The transaction taxes imposed by Chapter 23 of this title, or payments required to
be made in lieu thereof, on tangible personal property and taxable services incorporated into
an industrial development property, the cost of which may be added to capital account with
respect to the property, determined without regard to any rule which...
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11-44D-4
Section 11-44D-4 Mayor-council form of government. If a majority of the qualified electors
voting in the referendum provided herein choose a mayor-council form of government, the following
provisions of this chapter shall be applicable: (1) The municipality shall thereafter and
as provided in this chapter be governed by a mayor elected at-large and a five-member council
elected from single-member districts, which municipality shall have the same powers and duties
as herein enumerated and as other mayor-council municipalities organized under Chapter 43,
Title 11, and any other powers and duties not inconsistent with this chapter which may be
now or hereafter granted to such municipality. (2) The council shall include five members
who shall be elected from districts, which shall be, as near as practicable, of equal population
according to the last federal decennial census, but not more than five percent, more or less,
than the average of the five districts. (3) The council members shall...
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9-16-83
Section 9-16-83 Permits - Contents of application; reclamation plan; copy of application filed
for public inspection; insurance; blasting plan. (a) Each application for a surface coal mining
reclamation permit under this article shall be accompanied by a fee as determined by the regulatory
authority, but not to exceed the anticipated cost of reviewing, administering, and enforcing
the permit. In no event shall the permit fee be less than one thousand dollars ($1,000). The
regulatory authority shall develop procedures to enable the cost of the fee to be paid over
the life of the mine. The life of the mine means the term of the permit and the time required
to successfully complete all surface coal mining and reclamation activities and obtain a full
release of the performance bond for each bonded area. (b) The permit application shall be
submitted in a format prescribed by and satisfactory to the regulatory authority and shall
contain, among other things, all of the following: (1) The...
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12-13-23
Section 12-13-23 Declaration of residence. (a) For the purposes of this section, the following
words shall have the following meanings: (1) DECLARATION OF RESIDENCE. Any written document
which conveys a person's intention to designate any place within this state as his or her
place of residence. (2) PERSON. Whether used in the singular or plural form, a natural person
who is a citizen of the United States. When used in reference to the designation of a place
of residence, the word "person" shall include any dependent minor child of a person.
(3) PLACE or PLACE OF RESIDENCE. A physical location which is capable of habitation and may
be described in any way reasonably calculated to locate the same. (4) RESIDENT. A lawful citizen
of this state for all legal purposes other than registration to vote or qualification for
elected office. (b) Any person who is absent from this state on military duty, eleemosynary
journey, mission assignment, or other similar venture may designate any place...
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5-1A-10
Section 5-1A-10 Use of lender information or trade name in solicitations. (a) For purposes
of this section, the following terms shall have the following meanings: (1) LENDER. A bank,
industrial bank, savings and loan association, savings bank, credit union, finance company,
mortgage bank, mortgage broker, loan originator or holder of the loan, or other person who
makes loans in this state, and any affiliate thereof, or any third party operating with the
consent of the lender. A person shall not be considered a lender based on the person's former
employment with the lender. (2) PERSON. Any individual, firm, corporation, partnership, organization,
association, or other legal entity. (b) A person other than the lender may not use the trade
name or trademark of the lender or a trade name or trademark confusingly similar to that of
the lender in a solicitation for the offering of services or products without the consent
of the lender unless the solicitation clearly and conspicuously states...
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5-25-12
Section 5-25-12 Disclosure by licensee; prohibited activities. (a) Licensees shall: (1) Prior
to the collection of a mortgage broker fee from a borrower, disclose to the borrower in writing
the nature of the mortgage broker's relationship to the borrower and the method by which the
mortgage broker will be compensated for services. (2) Comply with applicable federal and state
laws, rules, and regulations. (b) Licensees shall not: (1) Intentionally misrepresent or conceal
a material fact, term, or condition of the transaction to which he or she is a party, pertinent
to an application for a mortgage loan or a borrower. (2) Fail to use due diligence and make
reasonable efforts to procure a mortgage loan on behalf of the borrower. (3) Fail to disburse
funds in accordance with a written commitment to make a mortgage loan. (4) Delay closing of
a mortgage loan for the purpose of increasing interest rate, costs, fees, or other charges
payable by the borrower. (5) Collect any mortgage broker...
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5-26-4
Section 5-26-4 License and registration required. (1) In general. An individual, unless specifically
exempted from this chapter under subsection (2), shall not engage in the business of a mortgage
loan originator with respect to any dwelling located in this state without first obtaining
and maintaining annually a license under this chapter. Each licensed mortgage loan originator
must register with and maintain a valid unique identifier issued by the Nationwide Mortgage
Licensing System and Registry. (2) Exemption from this chapter. The following are exempt from
and are not subject to this chapter: (a) Registered mortgage loan originators, loan processors,
loss mitigation specialists, and other employees when acting for an entity described in Section
5-26-3(11)(a)(i),(ii), or (iii) are exempt from this chapter. (b) Any individual who offers
or negotiates terms of a residential mortgage loan with or on behalf of an immediate family
member of the individual. (c) Any individual who offers...
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5-26-17
Section 5-26-17 Prohibited acts and practices. It is a violation of this chapter for a person
or individual subject to this chapter to: (1) Obtain property by intentional fraud or intentional
misrepresentation; (2) Solicit or enter into a contract with a borrower that provides in substance
that the person or individual subject to this chapter may earn a fee or commission through
"best efforts" to obtain a loan even though no loan is actually obtained for the
borrower; (3) Conduct any business covered by this chapter without holding a valid license
if required under this chapter; (4) Fail to make disclosures as required by this chapter;
(5) Fail to comply with this chapter or rules or regulations promulgated under this chapter;
(6) Collect, charge, or attempt to collect or charge any fee prohibited by this chapter; or
(7) Fail to account for monies belonging to a party to a residential mortgage loan transaction,
as required by law or regulation. (Act 2009-627, p. 1907, ยง17.)...
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5-18-16
Section 5-18-16 Duties of licensees as to making and payment of loans. (a) Copy of contract
or statement; receipts; payment in advance; release of obligation and security. - Every licensee
shall: (1) At the time a loan is made deliver to the borrower or, if there are two or more
borrowers, to one of them a copy of the loan contract, executed by the borrower, in the English
language showing in clear and distinct terms: a. The name and address of the lender and one
of the primary obligors on the loan. b. The date of the loan contract. c. Schedule of installments
or description thereof. d. The cash advance. e. The face amount of the note evidencing the
loan. f. The amount collected or paid for insurance, if any. g. The amount collected or paid
for filing or other fees allowed by this chapter. h. The collateral or security for the loan.
(2) Give to the person making any cash payment on account of any loan a receipt at the time
the payment is made which receipt need only show the total...
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5-5A-44
Section 5-5A-44 Acquisition of majority of voting shares of a bank; procedure. (a) No person,
acting directly or indirectly or through or in concert with one or more persons, may acquire
control of a state bank or of any corporation or other entity having control of a state bank,
unless an application is filed with the superintendent for review of the proposed transaction
and for his or her action, if any, as provided in this section. (b) The application shall
be on a form prescribed by the superintendent and shall be made under oath. The application
must contain all information that the superintendent by regulation requires to be furnished
in an application, as well as any information that the superintendent orders to be included
in the particular application being filed and shall be accompanied by the filing fee prescribed
by the Banking Board. For the purposes of this section, the Banking Board may reduce or waive
any prescribed fees for applications where a change of control...
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