Code of Alabama

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5-8A-20
Section 5-8A-20 Proceedings of superintendent before banking board as to defaults or misconduct
of bank. Whenever it shall appear to the superintendent that any bank has violated its charter
or any law of the state, or is conducting business in any unauthorized manner, or that the
bank may suspend payment of its obligations, or if its capital is impaired and not made good
under the requirement of the superintendent within the required time, or if any such bank
or an affiliate of such bank as defined in Section 5-3A-1 shall refuse to submit its papers,
books, and concerns to the inspection of the superintendent or any examiner, or if any officer
thereof shall refuse to be examined on oath touching the conducting of any such bank, or if
any such bank shall suspend payment of its obligations, or if from any examination the superintendent
shall have reason to conclude that such bank is in an unsound or unsafe condition to transact
the business for which it was organized, or that it is...
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5-2A-22
Section 5-2A-22 Independent audits; minimum standards; advisory committee; report in lieu of
audit. The board of directors of each state bank shall at least once in each calendar year
have an audit made of its books and affairs, including any accounts held in a fiduciary capacity,
by independent auditors approved by the superintendent. These may be separate audits. "Independent
auditors" shall include the audit staff of a correspondent bank or the audit staff of
a bank holding company, or auditors or accountants who are not employees of the bank. The
superintendent shall by regulation establish minimum standards for audits and reports, which
shall include such matters as he shall require. To assist in promulgating minimum standards
for audits and reports, the superintendent shall appoint an advisory committee of no less
than six members. Membership of the committee shall consist of auditors, as qualified in Chapters
1A through 12A of this title, who regularly perform audits in banks...
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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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45-49-151.14
Section 45-49-151.14 Tax due on pari-mutuel pools; distribution of contributions; capital improvement
fund. (a) Every licensee conducting race meetings pursuant to this subpart shall pay to the
racing commission for its use, a tax on the total contributions to all pari-mutuel pools conducted
or made on a racetrack licensed under this subpart in an amount equal to eight percent until
April 17, 1992, and seven percent thereafter. Except as otherwise provided in this subpart,
the commission of a licensee on a pari-mutuel pool shall not exceed 19 percent of the amount
contributed to the pari-mutuel pool, including the tax provided in this section. In addition
to the 19 percent commission authorized to be withheld from pari-mutuel pools, the licensee
may deduct an additional two percent commission from all pari-mutuel betting pools in which
the bettors are required to select three or more dogs. After the deduction of the tax percentages
for the use of the racing commission, the percentage...
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8-6-2
Section 8-6-2 Definitions. When used in this article, unless the context otherwise requires,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) COMMISSION or SECURITIES COMMISSION. The securities commission. (2) AGENT. Any individual
other than a dealer who represents a dealer or issuer in effecting or attempting to effect
sales of securities, but such term does not include an individual who represents an issuer
in: a. Effecting a transaction in a security exempted by subdivisions (1), (2), (3), (4),
(9) or (10) of Section 8-6-10; b. Effecting transactions exempted by Section 8-6-11; or c.
Effecting transactions with existing employees, partners, or directors of the issuer if no
commission or other remuneration is paid or given directly or indirectly for soliciting any
person in this state. A partner, officer, or director of a dealer or issuer is an agent if
he otherwise comes within this definition. (3) DEALER. Any person engaged in the...
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24-1A-43
Section 24-1A-43 Mortgage guarantee fund; fee; payment warrants; reimbursements; depletion
of fund. (a) There is hereby established a mortgage guarantee fund to be held in the State
Treasury and to be administered by the Alabama Housing Finance Authority that will be available
to reimburse foreclosure losses, if any, that arise with respect to a qualified mortgage loan
under the Alabama Home Buyers Initiative. There is appropriated from the Alabama Capital Improvement
Trust Fund to the guarantee fund a total of six million dollars ($6,000,000) for the fiscal
year ending September 30, 2009. This appropriation shall be irrevocably deposited in the guarantee
fund within ten days after this act becomes effective. Pursuant to Section VII of Amendment
666 to the Constitution of Alabama 1901, the Legislature finds that it is advisable and necessary
to make this appropriation to the guarantee fund which is in excess of the amount contained
in the Governor's certification of the amount of funds...
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16-13-100
Section 16-13-100 Payment of incidental costs. The board of education issuing any warrants
hereunder may pay the cost of printing the warrants, the cost of advertising the sale, the
attorneys' fees for preparing proceedings, the attorneys' fees for furnishing an opinion as
to legality acceptable to the purchaser and other expenses incidental to the issue of the
warrants, but only the actual cost thereof shall be paid and all such payments shall be made
to those actually rendering such services and not to the purchaser of the warrants, in a lump
sum or otherwise; provided, that the board of education may employ any bank or banks and person
or persons to assist in making arrangements relating to the issue of refunding warrants hereunder
and the sale or exchange thereof and may pay them for such services subject to the approval
of the State Superintendent of Education. This section shall not authorize the payment of
a commission or other compensation for procuring a purchaser of capital...
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27-32-1
Section 27-32-1 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them by this section: (1) IMPAIRMENT or INSOLVENCY.
The capital of a stock insurer, the net assets of a Lloyd's plan insurer or the surplus of
a mutual or reciprocal insurer shall be deemed to be impaired and the insurer shall be deemed
to be insolvent when such insurer is not possessed of assets at least equal to all liabilities
and required reserves, together with its total issued and outstanding capital stock, if a
stock insurer, or the minimum surplus, if a Lloyd's plan, mutual or reciprocal insurer, required
by this title to be maintained for the kind or kinds of insurance it is then authorized to
transact. (2) INSURER. Any person, firm, corporation, association, or aggregation of persons
doing an insurance business and subject to the insurance supervisory authority of, or to liquidation,
rehabilitation, reorganization, or conservation by, the...
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5-3A-1
Section 5-3A-1 Required times; items to be examined; applicability to bank holding companies
and affiliates. (a) For purposes of this section, a bank holding company is a holding company
organized under the laws of Alabama or another state in the United States that directly owns
a majority of the voting securities of an Alabama state bank. (b) Every bank other than national
banks shall be subject to the supervision and inspection of the superintendent and the regulations
and supervision thereof. The superintendent shall, by competent examiner appointed by him
or her, visit and examine every bank organized under the laws of Alabama at least once in
each eighteen-month period. The examination of banks shall be at irregular intervals. On every
examination, inquiry shall be made as to the conditions and resources of the bank, the mode
of conducting and managing the affairs of the bank, the action of its directors, the investment
of the funds of the bank, the safety and prudence of the...
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8-8-5
Section 8-8-5 Maximum rates of interest - Loans, credit sales, etc., of $2,000 or more to individuals,
corporations, trusts, partnerships, or associations. (a) Any person or persons, corporations,
trust, general partnership or partnerships, limited partnership or partnerships, or association
may agree to pay such rate or rates of interest for the loan or forbearance of money and for
any credit sales as such person, corporation, trust, general partnership, limited partnership,
or association may determine, notwithstanding any law of this state otherwise prescribing
or limiting such rate or rates of interest; provided, that the original principal balance
of the loan or forbearance of money or credit sales is not less than $2,000; provided further,
that all laws relating to unconscionability in consumer transactions including but not limited
to the provisions of Chapter 19 of Title 5, known as the Mini-Code, shall apply to transactions
covered by this section. (b) As to any such loan or...
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