§ 5-1A-3 Use of Words “Bank,” “Banker,” “Banking,” Etc., Restricted
§ 5-1A-4 Restrictions on Engaging in Banking Business
§ 5-1A-5 Supervisory Provisions Not Applicable to National Banks
§ 5-1A-6 Inconsistent Provisions in Other Laws Superseded
§ 5-1A-7 Activities of Savings and Loan Associations and Credit Unions Not Restricted
§ 5-1A-8 Effect of Repeal of Prior Acts
§ 5-1A-9 Deposit Creates Debtor-Creditor Relationship; Agreement as to Person or Purpose for Which Deposit Made and Payable
§ 5-1A-10 Use of Lender Information or Trade Name in Solicitations
Chapter 2A State Banking Department
Article 1 General Provisions
§ 5-2A-1 Creation of Department; Duties Generally
§ 5-2A-2 Offices, Venue
§ 5-2A-3 Superintendent - Qualifications, Appointment and Term of Office; Filling of Vacancies
§ 5-2A-4 Superintendent - Oath and Bond
§ 5-2A-5 Superintendent - Seal of Office; Recordation of Executed Papers
§ 5-2A-6 Superintendent - Removal; Removal of Member of Banking Board
§ 5-2A-7 Superintendent - Expansion of Banking Powers; Rules and Regulations
§ 5-2A-8 Superintendent - Promulgation and Interpretation of Regulations
§ 5-2A-9 Superintendent - Procedure for Promulgation of Regulations; Emergency Regulations; Judicial Review
§ 5-2A-10 Superintendent - Make Good Any Impairment of Capital
§ 5-2A-11 Superintendent - Losses; Bank to Correct Impairment of Capital
§ 5-2A-12 Superintendent - Order to Correct Unsafe and Unsound Matters; Penalties; Procedure
§ 5-2A-13 Superintendent - Annual Report to Governor; Publication and Distribution, Etc
§ 5-2A-14 Superintendent - Reports of Criminal Violations to Grand Juries
§ 5-2A-15 Appointment, Etc., of Assistants and Employees Generally; Bond of Deputy Superintendent
§ 5-2A-16 Limitation of Liability of Superintendent, Members of Banking Board, or Employees
§ 5-2A-17 Bank Examiners - Oath; Duties Generally
§ 5-2A-18 Bank Examiners - Commission
§ 5-2A-19 Bond of Examiners and Office Assistants
§ 5-2A-20 Assessment of Banks - When Payable; Amount; Disposition of Revenue
§ 5-2A-21 Assessment of Banks - Fees for Failure to Pay Assessment; Proceedings for Collection of Assessment
§ 5-2A-22 Independent Audits; Minimum Standards; Advisory Committee; Report in Lieu of Audit
§ 5-2A-23 Legal Counsel
§ 5-2A-24 Examination of Small Loan Companies; Fees
Article 2 Banking Board
§ 5-2A-40 Composition of Banking Board; Chairman; Appointment and Terms of Office of Members
§ 5-2A-41 Meetings of Board - Notice; Executive Session; Confidentiality
§ 5-2A-42 Meetings of Board - Place
§ 5-2A-43 Quorum
§ 5-2A-44 Filling of Vacancies; Qualification of Members
§ 5-2A-45 Compensation of Members
Article 3 Bureau of Savings and Loan
§ 5-2A-60 Composition
§ 5-2A-61 Created; Commissioner and Deputy Commissioner Generally; Examiners; Disclosure of Information by Officers; Seal of Commissioner
§ 5-2A-62 Supervisory Powers of Commissioner Generally; Approvals, Etc., by Commissioner; Permits Required of Savings and Loan Associations
§ 5-2A-63 Savings and Loan Board; Appeals from Orders, Etc., of Commissioner or Board
Article 4 Bureau of Loans
§ 5-2A-80 Created; Supervisor of Bureau; Inspections; Records, Reports, Etc., Not Open to Public
§ 5-2A-81 Revocation and Suspension of Licenses; Injunctive Relief as to Violations of Small Loan Act
§ 5-2A-82 Appeals from Acts of Bureau or Supervisor
§ 5-2A-83 Payment of Salaries and Expenses
Article 5 Bureau of Credit Unions
Division 1 General Provisions
§ 5-2A-100 Created; Appointment of Supervisor and Other Employees; Supervisor’s Oath and Bond; Investigations; Records, Reports, Etc., Open to Public
§ 5-2A-101 Qualifications of Supervisor
§ 5-2A-102 Supervision, Inspection and Examinations of Credit Unions
§ 5-2A-103 Payment of Operating Expenses
Chapter 3A Examinations of Banks; Reports of Banks
Article 1 Examination of Banks
§ 5-3A-1 Required Times; Items to Be Examined; Applicability to Bank Holding Companies and Affiliates
§ 5-3A-2 Acceptance of Examinations and Reports of Federal Bank Regulatory Agency, Etc
§ 5-3A-3 Disclosure of Information Obtained by Superintendent, Bank Examiners, Etc
§ 5-3A-4 Expenses of Special Examinations
§ 5-3A-5 Examination of Agency of Foreign Banks
§ 5-3A-6 Examination of Witnesses and Production of Documents; Penalties for False Entry or Statement; Proceedings Against Former Employees
§ 5-3A-7 False Swearing, Etc., Before Bank Examiners or Superintendent
§ 5-3A-8 Reports of Superintendent and Bank Examiners as to Examinations; Publication of Reports of Examination for Limited Purposes
§ 5-3A-9 Loans, Gifts, Favors, Etc., to Banking Department Employees from Banks, Employees, Etc., Prohibited
§ 5-3A-10 False Reports by Bank Examiners
§ 5-3A-11 Reports of Examination; Meetings of Banking Board; Confidentiality
§ 5-3A-12 Semiannual Reports by Banks - Required; Verification
§ 5-3A-13 Semiannual Report by Banks - Special Reports of Banks
§ 5-3A-14 Semiannual Report by Banks - Form; Publication; Penalty for Late Report
§ 5-3A-15 Semiannual Reports by Banks - Republication
§ 5-3A-16 Failure to Pay for Publication of Bank Report by Superintendent
§ 5-3A-17 Verification of False Report of Condition of Bank
Article 2 Examination of Bank Services Providers Act
§ 5-3A-30 Short Title
§ 5-3A-31 Legislative Findings
§ 5-3A-32 Definitions
§ 5-3A-33 Regulation and Examination of Certain Service Providers; Covered Services
§ 5-3A-34 Confidentiality of Examination Reports; Availability of Copies
§ 5-3A-35 Powers of Superintendent
Chapter 4A Retention of Bank Records
§ 5-4A-1 Certain Records to Be Retained; Disposition of Records After Retention for Prescribed Period; Reproduction of Records and Books
§ 5-4A-2 Applicability of Chapter to State and National Banks, Etc
Chapter 5A Organization and Operation of Banks
§ 5-5A-1 Procedure for Incorporation - Application for Permit
§ 5-5A-2 Procedure for Incorporation - Notice of Intention to Incorporate
§ 5-5A-3 Procedure for Incorporation - Affidavit of Proposed Incorporators; Affidavit of Proposed Stockholders; Submission of Proposed Certificate of Incorporation; Disclosure to Stockholders
§ 5-5A-4 Procedure for Incorporation - Investigation as to Fitness of Stockholders and Executive Officers and Necessity for Banks
§ 5-5A-5 Procedure for Incorporation - Filing of Objections to Incorporation of Proposed Bank; Investigation of Objections
§ 5-5A-6 Procedure for Incorporation - Certificate of Superintendent of Banks Authorizing Filing of Certificate of Incorporation
§ 5-5A-7 Procedure for Incorporation - Filing and Recordation of Certificate of Incorporation
§ 5-5A-8 Procedure for Incorporation - Refusal to Permit Incorporation; Appeal from Refusal to Banking Board
§ 5-5A-9 Procedure for Incorporation - Judicial Review
§ 5-5A-10 Permit to Transact Business - Required
§ 5-5A-11 Permit to Transact Business - Examination; Issuance and Recordation of Permit
§ 5-5A-12 Membership in Federal Deposit Insurance Corporation, Etc
§ 5-5A-13 Filing Fee; Other Fees
§ 5-5A-14 Capital - Minimum Amount Required for Incorporation of Bank
§ 5-5A-15 Capital - Increase or Decrease
§ 5-5A-16 Issuance of Capital Notes and Debentures
§ 5-5A-17 Amendment of Certificate of Incorporation; Approval of Amended Certificate of Incorporation
§ 5-5A-18 Powers of Banks Generally
§ 5-5A-18.1 Banks and Trust Companies to Have Power of Federally Chartered or Regulated Financial Institution
§ 5-5A-19 Reserves
§ 5-5A-20 Branch Banks; Commercial Affiliates
§ 5-5A-21 Surplus; Restriction on Dividends
§ 5-5A-22 Limits of Indebtedness
§ 5-5A-23 Investments and Loans with Respect to Housing
§ 5-5A-25 Acceptance of Drafts or Bills of Exchange Arising from Transactions Involving Shipment of Goods - Authority
§ 5-5A-26 Acceptance of Drafts or Bills of Exchange Arising from Transactions Involving Shipment of Goods - Limitations
§ 5-5A-27 Loans Secured by Own Stock; Purchase of Own Stock; Ownership of Capital Stock of Other Banks
§ 5-5A-28 Pledge of Assets
§ 5-5A-29 Security Not Required When Deposits Insured
§ 5-5A-30 Transactions of Business on Legal Holidays; Use of Automated Teller Machine or Other Instrumentality, Transaction Fees, Disclosure; Limitation on Contractual Fee Restrictions, Intent of Limitation, Applicability
§ 5-5A-31 Liability for Transactions on Legal Holidays
§ 5-5A-32 Closing of Banks, Etc., Permitted on One Business Day of Each Week
§ 5-5A-33 Bank to Pay Checks Drawn on It at Par
§ 5-5A-35 Agreements Between Principal and Sureties on Bond for Deposit of Money and Assets in Bank, Etc
§ 5-5A-36 Notice Upon Maturity of Certificate of Deposit Issued for More Than 90 Days
§ 5-5A-37 Rights of Minors
§ 5-5A-38 Disposition of Small Deposits of Deceased Person - to Whom Payable; When Bond Required
§ 5-5A-39 Disposition of Small Deposits of Deceased Person - Time for Payment; When Payment Prohibited
§ 5-5A-40 Disposition of Deposit in Trust for Another Upon Death of Trustee
§ 5-5A-41 Payment of Deposits Made in Names of Two Persons Upon Death of One; More Than Two Persons with Provision for Survivorship
§ 5-5A-42 Adverse Claims to Deposits
§ 5-5A-43 Disclosure of Customer Financial Records
§ 5-5A-44 Acquisition of Majority of Voting Shares of a Bank; Procedure
§ 5-5A-45 Initiation of Run on Banks, Etc
§ 5-5A-46 False, Etc., Statements, Etc., Affecting Financial Standing of Bank
§ 5-5A-47 Liability of Directors or Officers; Enforcement Powers of Superintendent
Chapter 6A Directors, Officers, and Employees
Article 1 General Provisions
§ 5-6A-1 Directors of Banks to Own Stock in Bank; Citizenship and Residence of Directors
§ 5-6A-2 Oath of Directors
§ 5-6A-3 Meeting of Board of Directors; Bonds of Officers and Employees of Banks
Article 2 Prohibited Acts
§ 5-6A-20 Declaration of Illegal Dividends, Discounts of Notes, Etc
§ 5-6A-21 Concealment of Loans, Purchase or Sale of Security, Etc
§ 5-6A-22 Overdrawing Own Account; Receipt of Commissions, Etc., to Procure Loans, Discounts, Etc
§ 5-6A-23 Receipt or Possession of Bank Property with Intent to Defraud, Etc
§ 5-6A-24 Making of False Entries, Etc., on Books and Accounts of Bank
§ 5-6A-25 Fraudulent Representation as to Capital, False Reports, Etc., as to Condition of Bank, Etc
§ 5-6A-26 Loans or Extension of Credit to Bank Officers and Employees
Chapter 7A Bank Merger, Consolidation, or Conversion
Article 1 Consolidation, Merger or Transfer of State Banks
§ 5-7A-1 Banks May Merge or Consolidate; Transfer of Place of Business
§ 5-7A-2 Proceedings to Effect Consolidation, Merger or Transfer
§ 5-7A-3 Certificate of Proceedings to Be Forwarded to Superintendent of Banks
§ 5-7A-4 Issuance of Certificate of Approval by Superintendent
§ 5-7A-5 Examinations; Written Consent of Superintendent to Consolidation
§ 5-7A-6 Appeals; Applicability of Article to Branch Banks, Etc
Article 2 Conversion of National Banks into State Banks
§ 5-7A-20 Conversion of National Bank, Etc., into State Bank - Procedure
§ 5-7A-21 Conversion of National Bank, Etc., into State Bank - Execution of Articles of Incorporation and Organization Certificate; Powers of Directors, Etc
§ 5-7A-22 Conversion of National Bank, Etc., into State Bank - Powers and Duties of Bank, Stockholders, Officers, Etc., Upon Issuance of Certificate
§ 5-7A-23 Declaration of Incorporation
§ 5-7A-24 Issuance of Stock by State Bank
Article 3 Conversion of State Banks into or Consolidation with National Banks
§ 5-7A-40 Authorized; Exchange of Stock
§ 5-7A-41 Meeting of Stockholders for Purpose of Conversion or Consolidation
§ 5-7A-42 Transfer of Property of State Bank to National Bank
§ 5-7A-43 Continuation of Identity, Obligations, Etc., of State Bank
§ 5-7A-44 Rights of Dissenting Shareholders
§ 5-7A-46 Sections Not to Affect General or Local Law, Etc
Article 4 Conversion of Savings Institutions into State Banks
§ 5-7A-60 Purpose
§ 5-7A-61 Definitions
§ 5-7A-62 Application to Convert Charter; Written Plan of Conversion; Authorizing Resolution; Submission to Superintendent; Fee; Tentative Approval; Vote of Stockholders or Members; Directors; Articles of Incorporation and Bylaws; Statement of Superintendent’s Objections; Amendment; Appeal of Disapproval; Application to Fdic; Final Approval and Permit
§ 5-7A-63 Resulting Bank as Continuation of Savings Institution
§ 5-7A-64 Maintenance and Operation of Offices
§ 5-7A-65 Expansion or Branching Limited
Chapter 8A Liquidation of Banks
Article 1 Solvent Banks
§ 5-8A-1 Liquidation of Solvent Banks
Article 2 Insolvent Banks
§ 5-8A-20 Proceedings of Superintendent Before Banking Board as to Defaults or Misconduct of Bank
§ 5-8A-21 Liquidation of Bank by Superintendent Without Assent of Banking Board
§ 5-8A-22 Institution of Civil Action for Vacation of Charter, Liquidation, Etc., of Bank
§ 5-8A-23 Acquisition of Possession of Property and Business of Bank by Superintendent; Notice to Holders of Bank Assets
§ 5-8A-24 Appointment of Receiver to Liquidate Bank
§ 5-8A-25 Passage of Title to Assets, Etc., of Banking Institution to Receiver
§ 5-8A-26 Use of Bank Examiner’s Reports as Evidence in Liquidation Proceedings, Etc
§ 5-8A-27 Application by Bank for Injunction Against Acquisition of Possession of Business and Property by Receiver or Superintendent
§ 5-8A-28 Creation of Liens Against Bank After Possession by Superintendent
§ 5-8A-29 Resumption of Business of Bank
§ 5-8A-30 Collection of Claims of Bank, Etc
§ 5-8A-31 Subrogation of Federal Deposit Insurance Corporation
§ 5-8A-32 Sale, Etc., of Bad Debts and Property of Bank
§ 5-8A-33 Negotiation of Loans, Granting of Security, Etc., on Behalf of Closed Bank
§ 5-8A-34 Loans from and Sale of Assets to Federal Deposit Insurance Corporation for Bank
§ 5-8A-35 Assumption or Rejection of Executory Contracts by Receiver
§ 5-8A-36 Employment of Counsel, Expert Assistants, Etc., in Liquidation of Bank; Compensation of Assistants, Etc.; Court Approval of Liquidation Expenses
§ 5-8A-37 Payment of Compensation
§ 5-8A-38 Deposit of Funds Collected by Receiver
§ 5-8A-39 Notice for and Filing of Claims Against Bank
§ 5-8A-40 Preferred Claims
§ 5-8A-41 Inventory of Assets of Bank; Filing List of Claims
§ 5-8A-42 Objections to Claims; Unproven or Unclaimed Deposits
§ 5-8A-43 Rejection of Claims
§ 5-8A-44 Actions Upon Rejected Claims; Late Claims
§ 5-8A-45 Payment of Dividends to Creditors
§ 5-8A-46 Final Distribution, Termination of Receivership and Dissolution of Bank
Chapter 9A Reorganization of Banks
§ 5-9A-1 Cooperation of Superintendent in Reorganization of Bank
§ 5-9A-2 Submission of Reorganization Plan to Court for Confirmation and Approval
§ 5-9A-3 Publication of Reorganization Plan
§ 5-9A-4 Hearing Upon Plan; Entry of Judgment
§ 5-9A-5 Appeals
§ 5-9A-6 Manner of Reorganization Not Exclusive
Chapter 10A Banking Emergencies and Compliance with Federal Laws
§ 5-10A-1 Authorization or Direction of Banks to Postpone Paying Liabilities, Segregate Deposits and Assets, Renew Loans, Etc
§ 5-10A-2 Promulgation of Rules and Regulations; Requirements of Reports, Etc., Generally
§ 5-10A-3 Declaration of Banking Holidays; Promulgation of Emergency Rules or Regulations
§ 5-10A-4 Extension, Etc., of Banking Holiday or Emergency Rules or Regulations
§ 5-10A-5 Sections 5-10A-1 through 5-10A-4 Applicable Only in Emergencies; Duration of Emergency Action
§ 5-10A-6 Operation of Banks Under Federal Laws
§ 5-10A-7 Payment of Expenses of Bank Operating Without Receivership Liquidation
§ 5-10A-8 Segregation of Assets - Manner of Segregation Generally; Distribution of Segregated Assets Upon Receivership Liquidation of Bank
§ 5-10A-9 Segregation of Assets - Manners of Segregation
§ 5-10A-10 Segregation of Assets - Commingling of Items in Classes of Deposits
§ 5-10A-11 Segregation of Assets - Adjustments; Identification of Segregated Items
§ 5-10A-12 Discharge of Deposits of Script, Clearinghouse Certificates or Emergency Currency
§ 5-10A-13 Issuance and Reissuance of Script, Clearinghouse Certificates or Emergency Currency
§ 5-10A-14 Issuance of Notes or Certificates of Indebtedness as Evidence of Compensation for Services or Labor During Banking Emergency
§ 5-10A-15 Authorization and Approval of Reorganization of Bank Without Receivership Liquidation
§ 5-10A-16 Compliance with Chapter, Federal Laws, Etc., Not to Entail Liability
§ 5-10A-17 Officers Not to Incur Liability or Penalties for Compliance with Orders of Superintendent, Federal Laws, Etc
Chapter 11A Regulation of Trust Business of Banks and Trust Companies
Article 1 General Provisions
§ 5-11A-1 Amenability of Trust Companies to Banking Laws; Use of Word “Trust” in Corporate Name Generally; Operation of Trust Departments, Etc., by Banks
§ 5-11A-1.1 Branching of Trust Companies; Branching of Out-of-State Trust Companies; Reciprocity; Cooperative Agreements
§ 5-11A-2 Written Approval of Superintendent to Conduct Trust Business
§ 5-11A-3 Capital Stock Requirements for Trust Companies
§ 5-11A-4 Use of Word “Trust” in Designation or Name of Entity
§ 5-11A-5 Deposit of Security for Operation of Trust Business - Amount Required and Form; Charges Against Deposit
§ 5-11A-6 Deposit of Security for a Operation of Trust Business - State Treasurer to Decline Certain Bonds or Securities
§ 5-11A-7 Deposit of Security for a Operation of Trust Business - Certificate of Deposit; Purpose
§ 5-11A-8 Sale of Bonds or Securities for Satisfaction of Judgment Against Trust Company
§ 5-11A-9 Exemption of Trust Companies, Etc., Acting as Administrators, Etc., from Bond Requirement
§ 5-11A-10 Withdrawal of Bonds or Securities from Deposit with Trustees
§ 5-11A-11 Interest on Bonds or Securities Deposited with Treasurer Payable to Trust Companies
§ 5-11A-12 Trust Company Authorized to Purchase Its Own Securities in Fiduciary Capacity
Article 2 Transfer of Fiduciary Accounts
§ 5-11A-30 Transfer Between Related Institutions
§ 5-11A-31 Approval of Superintendent
§ 5-11A-32 Notice of Transfer
§ 5-11A-33 Objection to Transfer; Hearing on Objection; Appointment of Related Institution as Agent
§ 5-11A-34 Filing of Affidavit in Office of Judge of Probate; Filing of Notice of Abandonment
§ 5-11A-35 Substitution of Transferee Bank, Trust Company or Trust Department as Fiduciary; Effect
§ 5-11A-36 “Related” Defined
§ 5-11A-37 Appointment of Agent
Chapter 12A Administration, Etc., of Common Trust Funds
§ 5-12A-1 Definitions
§ 5-12A-2 Trust Institutions May Establish, Etc., Common Trust Funds
§ 5-12A-3 Investments by Trust Institutions
§ 5-12A-4 Common Trust Fund Plan
§ 5-12A-5 Amendment of Plan
§ 5-12A-6 Control of Investments by Instrument Under Which Trust Institution Acts
§ 5-12A-7 Investment of Estate Moneys in Fund; Withdrawals
§ 5-12A-8 Record of Fiduciary Accounts Owning Interest in Fund; Extent of Interest
§ 5-12A-9 Annual Audit
§ 5-12A-10 Quarterly Valuation of Securities in Fund
§ 5-12A-11 Management and Control of Fund; Ownership of Assets
§ 5-12A-12 Mistakes in Administration of Fund
§ 5-12A-13 Administration, Etc., of Common Trust Funds Differing from Funds Permitted by This Chapter
§ 5-12A-14 Accountings
§ 5-12A-15 Taxation
Chapter 13B Interstate and International Bank Acquisitions, Mergers and Branching
Article 1 Acquisitions of Banks by Bank Holding Companies
§ 5-13B-1 Short Title
§ 5-13B-2 Definitions
§ 5-13B-3 Scope of Article and Statement of Legislative Intent
§ 5-13B-4 Permitted Acquisitions
§ 5-13B-5 Required Application
§ 5-13B-6 Standards for Approval
§ 5-13B-7 Procedures Relating to Applications
§ 5-13B-8 Reports; Examinations
§ 5-13B-9 Agency Activities
§ 5-13B-10 Penalties
§ 5-13B-11 Authority to Issue Regulations; Cooperative Agreements; Fees
Article 2 Interstate Bank Mergers and Branching
§ 5-13B-20 Purpose
§ 5-13B-21 Definitions
§ 5-13B-22 Establishment of Interstate Branches by Acquisition or Merger; Branching
§ 5-13B-23 Interstate Merger Transactions and Branching; Operation of Branches
§ 5-13B-24 Notice and Filing Requirements
§ 5-13B-25 Powers
§ 5-13B-26 Examinations; Periodic Reports; Cooperative Agreements; Assessment of Fees
§ 5-13B-27 Enforcement
§ 5-13B-28 Regulations
§ 5-13B-29 Notice of Subsequent Merger, Etc
Article 3 Regulation of Foreign Banks
Division 1 General
§ 5-13B-40 Purpose
§ 5-13B-41 Definitions
§ 5-13B-42 General Regulation Authority
Division 2 Domestic Banks Owned or Controlled by Foreign Banks and Other Foreign Persons
§ 5-13B-60 Purpose
§ 5-13B-61 Operations in This State of Banks Owned or Controlled by Foreign Banks and Other Foreign Persons
§ 5-13B-62 Citizenship and Residency Requirements for Directors of State Banks
Division 3 Direct Branch, Agency, and Representative Offices of Foreign Banks
§ 5-13B-80 Purpose
§ 5-13B-81 Branches and Agencies of Foreign Banks - Necessity of Licensure
§ 5-13B-82 Application to Establish and Maintain a Branch or Agency - Contents
§ 5-13B-83 Application to Establish and Maintain a Branch or Agency - Manner of Filing and Determination
§ 5-13B-84 Application Fee
§ 5-13B-85 No Concurrent Maintenance of Federal Branches or Agencies
§ 5-13B-86 Powers of Branch and Agency
§ 5-13B-87 Fiduciary Activities
§ 5-13B-88 Authority to Act as Agent
§ 5-13B-89 Representative Office of Foreign Banks - Necessity of Licensure
§ 5-13B-90 Representative Office - Application
§ 5-13B-91 Representative Office - Factors for Approval of Application
§ 5-14A-3 Acquisition of Alabama Savings and Loan Holding Company or Alabama Savings Institution by Regional Holding Company or Institution
§ 5-14A-4 Enforcement
§ 5-14A-5 Applicable Law
§ 5-14A-6 Regulatory Supervision in Cooperation with Other Savings Institutions Regulatory Agencies
§ 5-14A-7 Application Fee
§ 5-14A-8 Power to Establish or Acquire Branch Offices and Subsidiaries
Chapter 16 Savings and Loan Associations
§ 5-16-1 Short Title
§ 5-16-2 Definitions
§ 5-16-3 Associations, Etc., Accepting Money for Promotion of Thrift and Financing of Homes Subject to Provisions of Chapter, Etc
§ 5-16-4 Procedure for Incorporation - Petition for Certificate of Incorporation; Subscription by Incorporators, Etc
§ 5-16-5 Procedure for Incorporation - Approval of Petition for Certificate of Incorporation; Certificate of Approval
§ 5-16-6 Procedure for Incorporation - Issuance of Certificate of Incorporation
§ 5-16-7 Bylaws
§ 5-16-8 Organizational Meeting
§ 5-16-9 Corporate Name and Offices - Generally
§ 5-16-10 Corporate Name and Offices - Change of Location of Home Office; Certificate of Approval, Etc
§ 5-16-11 Corporate Name and Offices - Establishment of Branch Offices
§ 5-16-12 Period for Commencement of Business; Forfeiture of Corporate Existence for Nonuse
§ 5-16-13 Rights, Privileges, Etc., of Members; Annual Meeting; Annual Financial Statement; Voting by Members; Assessment of Fines and Penalties Against Members; Transfer of Real Estate Security by Borrowing Member
§ 5-16-14 Directors, Officers and Employees
§ 5-16-15 Books, Records and Accounts
§ 5-16-16 Capital and Accounts
§ 5-16-17 Reserve Accounts; Interest Due and Accrued Account
§ 5-16-18 Undivided Profits Account
§ 5-16-19 Dividends
§ 5-16-20 Repurchase of Accounts
§ 5-16-21 Redemption of Accounts
§ 5-16-22 Issuance of Duplicate Membership Certificates
§ 5-16-23 Issuance, Etc., of Certificates of Indebtedness; Receipt of Public Deposits; Payment of Guaranteed Rate of Interest
§ 5-16-24 Powers Generally
§ 5-16-25 Real Estate Loans
§ 5-16-26 Liens on Accounts; Pledges of Accounts as Security for Loans
§ 5-16-27 Adoption, Etc., of Bonus Plans and Payment of Cash Bonuses on Accounts; Bonus Reserve Account
§ 5-16-28 Sales, Transfers, or Exchanges of Assets
§ 5-16-29 Mergers
§ 5-16-30 Conversions
§ 5-16-31 Reorganizations
§ 5-16-32 Voluntary Liquidation - Procedure Generally
§ 5-16-33 Voluntary Liquidation - Remittance of Unclaimed Dividends and Share Accounts by Receiver, Etc.; Payment of Creditors and Investors by Commissioner
§ 5-16-34 Voluntary Liquidation - Certification and Transmittal of Unclaimed Funds to State Treasurer
§ 5-16-35 Voluntary Liquidation - Payment of Creditors or Investors by State Treasurer
§ 5-18-9 License - Revocation, Suspension, Etc.; Investigation of Complaints
§ 5-18-10 Examinations of Licensees; Investigations; Enforcement Powers of Supervisor
§ 5-18-11 Books, Accounts and Records of Licensees; Annual Report
§ 5-18-12 Promulgation of Rules, Regulations and Orders by Supervisor; Furnishing of Certified Copies of Licenses, Regulations or Orders
§ 5-18-13 Advertising; Schedule of Charges
§ 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
§ 5-18-15 Interest Rates, Charges, and Fees
§ 5-18-15.1 Additional Late Payment Charge
§ 5-18-16 Duties of Licensees as to Making and Payment of Loans
§ 5-18-17 Insurance in Connection with Credit Transaction
§ 5-18-18 Charges, Rates, Etc., as to Certain Loans
§ 5-18-19 Collection of Loans Made Outside State
§ 5-18-20 Review of Orders, Etc., of Supervisor
§ 5-18-21 Enforceability of Provisions and Agreements Which Violate Chapter; Liability of Licensee for Actual Damage
§ 5-18-22 Modification, Amendment or Repeal of Chapter
§ 5-18-23 Maintenance of Listing of Licensees Doing Business in State; Public Access to Reports, Etc
Chapter 18A Deferred Presentment Services Act
§ 5-18A-1 Short Title; Purpose
§ 5-18A-2 Definitions
§ 5-18A-3 License - Required; Applicability
§ 5-18A-4 License - Qualifications
§ 5-18A-5 License - Application
§ 5-18A-6 License - Fees; Financial Statement
§ 5-18A-7 License - Issuance; Display; Payment of Fees; Surrender
§ 5-18A-8 License - Change of Control
§ 5-18A-9 Circumstances Requiring Written Report
§ 5-18A-10 Rules and Regulations; Judicial Review
§ 5-18A-11 Maintenance of Business Records; Notice of Intent to Conduct Business in Conjunction with Other Business; Examination of Place of Business
§ 5-18A-12 Transaction Fees; Renewal or Extension; Repayment; Bad Check Charge
§ 5-18A-13 Duties of Licensee
§ 5-18A-14 Denial of Application; Hearing
§ 5-18A-15 Suspension or Revocation of License; Hearing
§ 5-18A-16 Violations of Chapter
§ 5-18A-17 Consent Orders; Civil or Criminal Penalties; Extraordinary Circumstances
§ 5-18A-18 Written Complaint; Investigation; Compliance with Subpoena
§ 5-18A-19 Public Notice of Provisions
§ 5-18A-20 Excessive Charges
§ 5-18A-21 Disposition of Funds
§ 5-18A-22 Claims Preceding Effective Date of Chapter
Chapter 19 Consumer Finance
§ 5-19-1 Definitions
§ 5-19-1.1 Legislative Findings
§ 5-19-3 Maximum Finance Charges; Contracting for Minimum Finance Charge; Alternate Per Month Computed Finance Charge
§ 5-19-4 Additional Charges for Default or Deferral; Prepayment; Renewal or Refinancing; Real Property Transactions
§ 5-19-5 Acceptance of Negotiable Instruments as Evidence of Consumer Debt
§ 5-19-6 Copies of Instruments Signed by Debtors to Be Furnished to Debtors; Required Statement in Contracts, Etc.; Limitation on Disclosure Requirements; Intent, Applicability of Limitation
§ 5-19-7 Right to Refinance Amount of Certain Scheduled Payments
§ 5-19-8 Assignee of Seller Subject to Claims and Defenses of Buyer
§ 5-19-9 Application of Payments When Buyer Indebted to Same Seller for Two or More Consumer Credit Sales
§ 5-19-10 Contract Provisions for Attorney’s Fees
§ 5-19-12 Buyer’s Right to Cancel Home Solicitation Sale
§ 5-19-13 Repossession or Acceptance of Surrender of Goods Priced at One Thousand Dollars or Less
§ 5-19-14 Rebates or Discounts, Etc., as Inducement for Aiding Sale to Another Prohibited
§ 5-19-15 Garnishment
§ 5-19-16 Refusal by Court to Enforce Unconscionable Agreement
§ 5-19-17 Inducing Obligation on More Than One Contract in Order to Obtain Higher Finance Charge Prohibited; Consolidation of Existing Precomputed Consumer Credit Transaction Contract and Subsequent Precomputed Consumer Credit Transaction
§ 5-19-18 Installment Payment of Debt of One Thousand Dollars or Less
§ 5-19-19 Liabilities of Creditor Making Excess Finance Charge; Failure to Obtain License; Damages for Deliberate Violation or Reckless Disregard; Written Notice of Violations; Oral Statements Not Admissible; Fiduciary Duty Not Created
§ 5-19-20 Insurance
§ 5-19-21 Administrator Authorized to Make Rules and Regulations; Filing Notice of Intended Action with Legislative Reference Service; Transactions Entered into After May 20, 1996
§ 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
§ 5-19-23 License to Engage in Business of Making Consumer Loans or Taking Assignments of Consumer Credit Contracts - Revocation or Suspension
§ 5-19-24 Examinations and Investigations of Licensees by Administrator
§ 5-19-25 Cease and Desist Orders by Administrator; Penalties for Violation of This Chapter; Right to Counsel at Hearing; Judicial Review
§ 5-19-26 Appeals to Circuit Court from Order of Administrator; Appeals from Decision of Circuit Court
§ 5-19-29 Injunctions
§ 5-19-30 Penalty for Violations
§ 5-19-31 Nonapplicability of Chapter to Certain Transactions; Certain Laws Not Repealed or Amended
§ 5-19-32 Service Contracts
§ 5-19-33 Account Maintenance Fee
Chapter 19A Alabama Pawnshop Act
§ 5-19A-1 Short Title
§ 5-19A-2 Definitions
§ 5-19A-3 Pawnbroker to Enter on Pawn Ticket Record of Information
§ 5-19A-4 Certain Information to Be Printed on Pawn Tickets
§ 5-19A-5 Statement Verifying Pledgor Is Rightful Owner of Goods; Pawnbroker to Maintain Record of Transactions; Goods to Be Maintained on Premises for Certain Number of Days Before Resale
§ 5-19A-6 Redemption or Automatic Forfeiture of Pledged Goods
§ 5-19A-7 Pawnshop Charge; Amounts in Excess of Pawnshop Charge
§ 5-19A-8 Certain Acts by Pawnbrokers Prohibited
§ 5-19A-9 Pledgor Presenting Pawn Ticket Entitled to Redeem or Repurchase Goods; Lost or Damaged Pledged Goods in Possession of Pawnbroker; Lost, Destroyed, or Stolen Pawn Ticket
§ 5-19A-10 Liens for Pawnbrokers; Pledged Goods Not Redeemed on or Before Maturity Date Fixed in Ticket
§ 5-19A-11 Licensing Generally; Annual Fee; Temporary License; When New License Not Required Upon Change in Ownership
§ 5-19A-12 Eligibility for Pawnshop License; Application Fee
§ 5-19A-13 Suspension or Revocation of License; Notice and Hearing; Surrender of License
§ 5-19A-14 Application for New Pawnshop License, Transfer of Existing License, Etc
§ 5-19A-15 No Confiscation of Property Pledged to Pawnbroker If Property May Be Put on Seven-Day Hold; When Property May Be Placed on Hold
§ 5-19A-16 Penalties for Failure to Secure License
§ 5-19A-17 Penalties for Willful Violation of Chapter or for False Entry in Required Records; Compliance Enforced by Supervisor; Order Requiring Person to Refrain from Violation
§ 5-19A-18 Department of Public Safety to Supply Available Arrest and Conviction Records
§ 5-19A-19 Ordinances to Be in Compliance with but Not More Restrictive Than Chapter
§ 5-19A-20 Pawnbrokers to Be Subject to Licensing and Issuance Fees Under Chapter 12 of Title 40; Chapter Not to Repeal Uniform Commercial Code
Chapter 20 Alabama Credit Card Act
§ 5-20-2 Short Title
§ 5-20-3 Definitions
§ 5-20-4 Establishment or Acquisition of a Credit Card Bank
§ 5-20-5 Charges, Rates, and Fees
§ 5-20-6 Application for Approval; Filing Fee
§ 5-20-7 Supervision and Enforcement
§ 5-20-8 Applicable Law
§ 5-20-9 Severability
§ 5-20-10 Construction with Other Laws; Repeal of Conflicting Laws
Chapter 21 George Wallace, Jr., Plan for Linked Deposits of 1988
§ 5-21-1 Short Title
§ 5-21-2 Legislative Purpose
§ 5-21-3 Definitions
§ 5-21-4 Creation of Plan; Term and Return Rate of Deposits
§ 5-21-5 Amounts of Loans; Eligibility
§ 5-21-6 Restriction of Fees or Charges
§ 5-21-7 Interest Rates
§ 5-21-8 Agreements Between State and Eligible Lending Institutions in Writing; Specific Terms, Conditions, Etc., Included
§ 5-21-9 Participation in Plan; Application
§ 5-21-10 Annual Report
§ 5-21-11 Effective Date; Termination Date
Chapter 22 Reports of Transactions Involving Currency
§ 5-22-1 Purpose
§ 5-22-2 Definitions
§ 5-22-3 Record of Currency Transactions; Report on Written Request; When No Longer Required; Compliance with Federal Law Sufficient; Multiple Transactions; Disclosures
§ 5-22-4 Effect of Federal Exemptions
§ 5-22-5 When Reports May Be Disclosed
§ 5-22-6 Criminal Penalties
§ 5-22-7 Immunity from Liability
§ 5-22-8 Recoupment of Costs Not Authorized
Chapter 23 State Sponsorship of Financial Institution Credit Card
§ 5-23-1 Definitions
§ 5-23-2 State Participation in Financial Institution Credit Card Program; Contact with Financial Institutions
§ 5-23-3 Negotiation of State’s Fee; Contracts with Financial Institutions; Use of State Seal and Insignia
§ 5-23-4 Proceeds
§ 5-23-5 Rules and Regulations
§ 5-23-6 Disclosure of Information
Chapter 24 Uniform Multiple-Person Accounts Act
Article 1 Definitions and General Provisions
§ 5-24-1 Definitions
§ 5-24-2 Scope of Chapter
§ 5-24-3 Types of Account; Existing Accounts
§ 5-24-4 Forms
§ 5-24-5 Designation of Agent
§ 5-24-6 Applicability of Chapter
Article 2 Ownership as Between Parties and Others
§ 5-24-11 Ownership During Lifetime
§ 5-24-12 Rights at Death
§ 5-24-13 Alteration of Rights
§ 5-24-14 Accounts and Transfers Nontestamentary
§ 5-24-15 Rights of Creditors and Others
Article 3 Protection of Financial Institutions
§ 5-24-21 Authority of Financial Institution
§ 5-24-22 Payment on Multiple-Party Account
§ 5-24-23 Payment on Pod Designation
§ 5-24-24 Payment to Designated Agent
§ 5-24-25 Payment to Minor
§ 5-24-26 Discharge
§ 5-24-27 Set-Off
Article 4 Short Title, Construction, Transitional Provisions
§ 5-24-31 Short Title
§ 5-24-32 Uniformity of Application and Construction
§ 5-24-33 Supplementary General Principles of Law Applicable
§ 5-24-34 Transitional Provisions
Chapter 25 Mortgage Brokers Licensing Act
§ 5-25-1 Short Title
§ 5-25-2 Definitions
§ 5-25-3 Persons Excluded
§ 5-25-4 License to Transact Business as a Mortgage Broker
§ 5-25-5 Application for License
§ 5-25-6 Issuance of License
§ 5-25-7 Expiration and Renewal
§ 5-25-8 License Requirements
§ 5-25-9 Maintenance and Examination of Records, Etc
§ 5-25-10 Annual Report
§ 5-25-11 Principal Place of Business; Branch Office
§ 5-25-12 Disclosure by Licensee; Prohibited Activities
§ 5-25-13 Rules and Regulations
§ 5-25-14 Denial, Suspension, or Revocation of License
§ 5-25-15 Appeal
§ 5-25-16 Enforcement and Penalties
§ 5-25-17 Violations of Chapter
§ 5-25-18 Disposition of Funds
Chapter 26 Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009
§ 5-26-1 Short Title
§ 5-26-2 Legislative Findings
§ 5-26-3 Definitions
§ 5-26-4 License and Registration Required
§ 5-26-5 State License and Registration Application and Issuance
§ 5-26-6 Issuance of License
§ 5-26-7 Pre-licensing Education of Loan Originators
§ 5-26-8 Testing of Loan Originators
§ 5-26-9 Standards for License Renewal
§ 5-26-10 Continuing Education for Mortgage Loan Originators
§ 5-26-11 Authority to Require License
§ 5-26-12 Nationwide Mortgage Licensing System and Registry Information Challenge Process
§ 5-26-13 Enforcement Authorities, Violations, and Penalties
§ 5-26-14 Surety Bond Required
§ 5-26-15 Confidentiality
§ 5-26-16 Investigation and Examination Authority
§ 5-26-17 Prohibited Acts and Practices
§ 5-26-18 Mortgage Call Reports
§ 5-26-19 Report to Nationwide Mortgage Licensing System and Registry
§ 5-27-5 Construction; Limitation on Prizes or Awards
Chapter 28 LIBOR Discontinuance and Labor Replacement Act of 2021
§ 5-28-1 Short Title
§ 5-28-2 Definitions
§ 5-28-3 Recommended Benchmark Replacement for Certain Contracts, Securities, or Instruments; Fallback Provisions
§ 5-28-4 Construction and Effect of Selection or Use of a Recommended Benchmark Replacement; Liability
§ 5-28-5 Severability
Chapter 29 Second Amendment Financial Privacy Act
§ 5-29-1 Short Title
§ 5-29-2 Definitions
§ 5-29-3 Prohibition Against Governmental Entities Creating or Maintaining Registry of Certain Firearms, Etc.; Use of Firearms Codes Prohibited in Certain Circumstances
§ 5-29-4 Violations
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