Code of Alabama

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5-2A-80
Section 5-2A-80 Created; supervisor of bureau; inspections; records, reports, etc., not open
to public. To administer and enforce the provisions of chapter 18 of this title, there is
hereby created in the State Banking Department the Bureau of Loans. The Superintendent of
Banks shall, with the approval of the Governor and subject to the provisions of the merit
system, appoint a Supervisor of the Bureau of Loans, who shall be the chief of the Bureau
of Loans, and such other employees of said bureau as may be necessary. The Supervisor of the
Bureau of Loans shall take and file with the Secretary of State the official oath and shall
give bond in the penal sum of $10,000.00 for the faithful performance of the duties of his
office. The Supervisor of the Bureau of Loans, for the purpose of discovering violations of
Chapter 18 of this title, may investigate the loans and business of every person, copartnership
and corporation by whom or by which any such loan shall be made, whether such...
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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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36-25-1
Section 36-25-1 Definitions. Whenever used in this chapter, the following words and terms shall
have the following meanings: (1) BUSINESS. Any corporation, partnership, proprietorship, firm,
enterprise, franchise, association, organization, self-employed individual, or any other legal
entity. (2) BUSINESS WITH WHICH THE PERSON IS ASSOCIATED. Any business of which the person
or a member of his or her family is an officer, owner, partner, board of director member,
employee, or holder of more than five percent of the fair market value of the business. (3)
CANDIDATE. This term as used in this chapter shall have the same meaning ascribed to it in
Section 17-5-2. (4) COMMISSION. The State Ethics Commission. (5) COMPLAINT. Written allegation
or allegations that a violation of this chapter has occurred. (6) COMPLAINANT. A person who
alleges a violation or violations of this chapter by filing a complaint against a respondent.
(7) CONFIDENTIAL INFORMATION. A complaint filed pursuant to this...
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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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5-19A-2
Section 5-19A-2 Definitions. The following words and phrases shall have the following meanings:
(1) APPROPRIATE LAW ENFORCEMENT AGENCY. The sheriff of each county in which the pawnbroker
maintains an office, or the police chief of the municipality in which the pawnbroker maintains
an office. (2) ATTORNEY GENERAL. The Attorney General of the State of Alabama. (3) PAWN TRANSACTION.
Any loan on the security of pledged goods or any purchase of pledged goods on condition that
the pledged goods are left with the pawnbroker and may be redeemed or repurchased by the seller
for a fixed price within a fixed period of time. A "pawn transaction" does not include
the pledge to, or the purchase by, a pawnbroker of real or personal property from a customer
followed by the sale or the leasing of that property back to the customer in the same or a
related transaction. (4) PAWNBROKER. Any person engaged in the business of lending money on
the security of pledged goods left in pawn, or in the business of...
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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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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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5-2A-81
Section 5-2A-81 Revocation and suspension of licenses; injunctive relief as to violations of
Small Loan Act. (a) Upon 10 days' written notice to a licensee, stating the contemplated action
and grounds therefor, and after giving the licensee a reasonable opportunity to be heard,
the bureau shall suspend or revoke any license issued under Chapter 18 of this title if it
finds: (1) That the licensee is in default in the payment of the annual license fee or has
failed to comply with any rule, regulation or order of the Bureau of Loans promulgated by
it under authority of Chapter 18 of this title; or (2) That a fact or condition exists as
to the licensee which would have justified the bureau in refusing originally a license to
him if the fact or condition had existed at the time of the original application for such
license by him. If the bureau finds that there exists probable cause for the suspension or
revocation of any license and that the enforcement of Chapter 18 of this title requires...

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5-26-16
Section 5-26-16 Investigation and examination authority. In addition to any authority allowed
under this chapter the supervisor shall have the authority to conduct investigations and examinations
as follows: (1) AUTHORITY TO ACCESS INFORMATION. For purposes of initial licensing, license
renewal, license suspension, license conditioning, license revocation or termination, or general
or specific inquiry or investigation to determine compliance with this chapter, the supervisor
shall have the authority to access, receive, and use any books, accounts, records, files,
documents, information, or evidence including but not limited to: (a) Criminal, civil, and
administrative history information, including nonconviction data; and (b) Personal history
and experience information including independent credit reports obtained from a consumer reporting
agency described in Section 603(p) of the Fair Credit Reporting Act; and (c) Any other documents,
information, or evidence the supervisor deems...
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5-18-14
Section 5-18-14 Conduct of other business in office of licensee; loan business confined to
licensed offices; acceptance of liens on real estate as security for loans. (a) Other business
in same office. - No licensee shall conduct the business of making loans under this chapter
within any office, suite, room or place of business in which any other business is solicited
or engaged in or in association or conjunction with any other business until three days' written
notice of an intention so to do has been given the supervisor. Upon receipt of written notification,
the supervisor may investigate the facts and, if he finds that the character of the licensee
and the nature of the other business warrant belief that such conduct of business would conceal
violation or evasion of this chapter or of regulations lawfully made hereunder, he shall enter
an order directing the licensee to discontinue said other business. The order shall be entered
in the manner specified in and subject to the...
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