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https://law.justia.com/codes/alabama/title-4/chapter-4/section-4-4-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 4 - Municipal Airports and Regulations.›Section 4-4-9 - Municipal Liens for Supplies, Services, etc.; Liens of Concessionaires; Priority and...
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-9 - Municipal Liens for Supplies, Services, etc.; Liens of Concessionaires; Priority and Enforcement of Liens.
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Section 4-4-9
Municipal liens for supplies, services, etc.; liens of concessionaires; priority and enforcement of liens.
Each municipality which is operating a municipal airport shall have a lien upon any civil aircraft for the reasonable price of supplies, space, facilities or services furnished by such municipality upon said airport to such aircraft or the operator thereof. Each such municipality may, by ordinance, rule or regulation, give to concessionaires of such municipality liens upon civil aircraft for the reasonable price of supplies, space, facilities or services furnished upon said airport to such aircraft or the operator thereof by such concessionaires and may prescribe the circumstances and conditions under which such liens shall attach. The liens provided for in this section shall be superior to all other liens, except the liens of state, county and city for taxes, and the operator of such aircraft shall be deemed the agent of any owner, mortgagee or lienor thereof for the creation of such superior liens. The lien given by this section to municipalities shall be superior to liens of concessionaires. The lien provided for in this section may be enforced in the manner provided for the enforcement of landlords' liens. The municipality shall also have the right to detain such aircraft upon said airport until its lien or the liens of concessionaires have been fully satisfied.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §29.)
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https://law.justia.com/codes/alabama/title-4/chapter-4/section-4-4-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 4 - Municipal Airports and Regulations.›Section 4-4-10 - Abatement or Removal of Hazards; Acquisition of Air Rights; Markers or Lights on Ha...
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-10 - Abatement or Removal of Hazards; Acquisition of Air Rights; Markers or Lights on Hazards.
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Section 4-4-10
Abatement or removal of hazards; acquisition of air rights; markers or lights on hazards.
Any municipality of this state which has established and is operating a municipal airport shall have the power and authority to condemn, or acquire by purchase or gift, the right to abate or remove any structure, building, tower, pole, wire, tree, woods or other thing, or portion thereof, located within one quarter of a mile of such airport, which the governing body of such municipality shall determine to constitute a menace to the safety of aircraft using such airport, including the right of ingress to and egress from the land upon which such structure, building, tower, pole, wire, tree, woods or other things exist, for the purpose of such abatement or removal. In addition to the foregoing power and authority, any such municipality shall also have the power and authority to condemn or acquire by purchase or gift the right to the unobstructed use of such portion of the airspace above lands within one quarter of a mile of such airport as the governing body of such municipality may determine to be necessary for the safe landing and taking-off of aircraft utilizing such airport. Such municipality shall have the further power and authority to acquire by purchase or gift or to condemn, for a term of years or perpetually the right to place and maintain obstruction markers or lights upon any structure, building, tower, pole, wire, tree, woods or other thing located within one quarter of a mile of such airport, which the governing body shall determine to constitute a menace to the safety of aerial navigation to or from said airport, including the right to lay and maintain conduits and wires to such obstruction markers or lights. Proceedings for the condemnation of any of the rights mentioned in this section shall be governed in all respects by the laws of this state applicable to the condemnation by such municipality of easements in land for public purposes.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §30.)
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https://law.justia.com/codes/alabama/title-4/chapter-4/section-4-4-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 4 - Municipal Airports and Regulations.›Section 4-4-11 - Bonds for Airport Purposes.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-11 - Bonds for Airport Purposes.
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Section 4-4-11
Bonds for airport purposes.
Each municipality in this state shall have full and continuing power and authority, within the limits of the constitution now or hereafter in effect, to issue and sell bonds for the purpose of extending, enlarging and improving its airport or airports or an airport in which it is or may be a joint owner or operator and of acquiring or improving or paying for land for airport uses, or property purchased or condemned to facilitate the operation of an airport or airports, when the issuance of such bonds has been heretofore or shall be hereafter authorized by a majority vote of the qualified electors of such municipality voting at an election called and held, and the result declared, in the manner required by law for securing authorization for the issuance by such municipality of other bonds requiring authorization through or by means of an election.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §32.)
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https://law.justia.com/codes/alabama/title-4/chapter-4/section-4-4-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 4 - Municipal Airports and Regulations.›Section 4-4-12 - Joint Airports.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-12 - Joint Airports.
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Section 4-4-12
Joint airports.
Two or more municipalities may jointly acquire real property by condemnation, purchase or gift, for airport purposes, and may jointly establish, construct, equip, maintain and operate an airport thereon for the joint benefit of such municipalities. The governing body of each participating municipality shall adopt a resolution authorizing and directing the president, mayor or other member of such governing body to enter into a contract with the other named participating municipality or municipalities for the acquisition, establishment, construction, improvement, equipment, maintenance, operation, regulation, government or financing of the joint airport. The form and terms of the contract authorized to be executed shall be set out in full in such resolution. Whenever there shall be, or exist, any officer, board, department, agency or instrumentality of the United States or of the State of Alabama authorized to negotiate such a contract upon behalf of its government, creator or principal, one or more municipalities may, through such authorized officer, board, department, agency or instrumentality, enter into a contract with the United States or the State of Alabama, or both, for the acquisition, establishment, construction, improvement, equipment, maintenance, operation, regulation, government or financing of a joint airport for the joint benefit of the participating governments, such contract, or contracts, to be authorized by such municipality or municipalities in the same manner as that prescribed in this section for authorization of contracts between municipalities. Each participating municipality may pay its proportion of the cost of any joint enterprise authorized by this section out of any funds which it is authorized to expend for the acquisition, establishment, construction, improvement, equipment, maintenance or operation of an airport for its own separate benefit.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §35.)
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https://law.justia.com/codes/alabama/title-4/chapter-4/section-4-4-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 4 - Municipal Airports and Regulations.›Section 4-4-13 - Procedure for Sale of Airports; Disposition of Proceeds of Sale.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-13 - Procedure for Sale of Airports; Disposition of Proceeds of Sale.
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Section 4-4-13
Procedure for sale of airports; disposition of proceeds of sale.
(a) When any city, town or other municipal corporation in this state is or may hereafter be the owner of any airport or landing field for the use of airplanes and other aircraft and the board of aldermen or other governing body of such city, town or municipal corporation deems it to the best interest of such city, town or municipal corporation and the inhabitants thereof to sell such airport or landing field, such sale may be made by the governing body of such city, town or municipal corporation; provided, that in the event there have been any federal funds expended in the construction of said airport, it shall be necessary to secure the concurrence of the federal agency granting such funds in said sale.
(b) Any and all proceeds derived from the sale of such airport or landing field shall be used for the purpose of discharging any outstanding indebtedness of the city, town or municipal corporation incurred in the acquisition, establishment, improvement, construction, enlargement or expansion of such airport or landing field.
(Acts 1943, No. 371, p. 340.)
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https://law.justia.com/codes/alabama/title-4/chapter-4/section-4-4-14/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 4 - Municipal Airports and Regulations.›Section 4-4-14 - Municipal Regulation of Private Airports.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-14 - Municipal Regulation of Private Airports.
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Section 4-4-14
Municipal regulation of private airports.
The council or other governing body of each municipality of this state shall have power to enact ordinances, not inconsistent with the laws of this state, designed to safeguard the public upon or beyond the limits of private airports or landing fields within such municipality or its police jurisdiction against the perils and hazards of instrumentalities used in aerial navigation.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §31.)
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https://law.justia.com/codes/alabama/title-4/chapter-4/section-4-4-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 4 - Municipal Airports and Regulations.›Section 4-4-15 - Police Powers as to Airports.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-15 - Police Powers as to Airports.
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Section 4-4-15
Police powers as to airports.
Each municipality which is now, or which hereafter may be, engaged in the operation of a municipal airport, whether within or without, or partly within and partly without the geographical limits of such municipality, shall have the same police powers over such airport or landing field as it now has, or may hereafter have, over territory within its geographical limits. Such municipality shall also have the same police powers over all portions of public highways beyond the geographical limits of such municipality, but within one quarter of a mile of such airport as it is now, or may hereafter be, authorized to exercise over public highways within its geographical limits.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §34.)
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https://law.justia.com/codes/alabama/title-4/chapter-4/section-4-4-16/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 4 - Municipal Airports and Regulations.›Section 4-4-16 - Provisions of Chapter Cumulative.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-16 - Provisions of Chapter Cumulative.
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Section 4-4-16
Provisions of chapter cumulative.
Nothing in this chapter shall be construed as a limitation upon any power, right or authority which any municipality of this state may have over any subject mentioned in this chapter by virtue of any other law of this state, the powers, rights and authority conferred by this chapter being cumulative of all other powers, rights and authority possessed by such municipality.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §36.)
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https://law.justia.com/codes/alabama/title-4/chapter-5/section-4-5-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 5 - County Warrants and Certificates of Indebtedness for Airport Purposes.›Section 4-5-1 - Applicability and Purpose of Chapter.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 5 - County Warrants and Certificates of Indebtedness for Airport Purposes. › Section 4-5-1 - Applicability and Purpose of Chapter.
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Section 4-5-1
Applicability and purpose of chapter.
This chapter shall apply to each county in the State of Alabama and have for its purpose the authorization of the sale and issuance of interest-bearing warrants and certificates of indebtedness for the purpose of acquiring and providing county airports.
(Acts 1955, No. 363, p. 881, §1.)
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https://law.justia.com/codes/alabama/title-4/chapter-5/section-4-5-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 5 - County Warrants and Certificates of Indebtedness for Airport Purposes.›Section 4-5-2 - Issuance and Sale; Form; Denominations; Terms; Disposition of Proceeds of Sale.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 5 - County Warrants and Certificates of Indebtedness for Airport Purposes. › Section 4-5-2 - Issuance and Sale; Form; Denominations; Terms; Disposition of Proceeds of Sale.
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Section 4-5-2
Issuance and sale; form; denominations; terms; disposition of proceeds of sale.
Each county shall have the power from time to time to sell and issue interest-bearing warrants of such county or interest-bearing certificates of indebtedness of such county for the purpose of paying the cost of acquiring and providing county airports, including lands, structures, runways and all other airport facilities whatsoever. Such warrants and certificates may be in such denomination or denominations, may have such maturity or maturities not exceeding 30 years from their date, may bear interest from their date at such rate or rates not exceeding six percent per annum, payable semiannually, may be payable at such place or places within or without this state, may be sold at such time or times and in such manner, may be executed in such manner and may contain such terms not in conflict with the provisions of this chapter, all as the governing body of such county may provide in the proceedings wherein the warrants or certificates are authorized to be issued. All such warrants and certificates shall evidence general obligation indebtedness of the county by which they are issued, and the full faith and credit of the county shall be irrevocably pledged for the payment of the principal thereof and interest thereon. The proceeds derived from the sale of any such warrants and certificates shall be used solely for the purpose for which they are authorized to be issued, including the payment of any expense incurred in connection with the issuance thereof.
(Acts 1955, No. 363, p. 881, §2.)
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https://law.justia.com/codes/alabama/title-4/chapter-5/section-4-5-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 5 - County Warrants and Certificates of Indebtedness for Airport Purposes.›Section 4-5-3 - Pledge of Special Taxes.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 5 - County Warrants and Certificates of Indebtedness for Airport Purposes. › Section 4-5-3 - Pledge of Special Taxes.
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Section 4-5-3
Pledge of special taxes.
The governing body of the county issuing any such warrants or certificates may, in its discretion, pledge and use, or cause to be used, for the payment of the principal of and interest on such warrants and certificates, so much as may be necessary for said payment of any privilege, license or excise tax now or hereafter levied in such county for the purpose of construction, maintenance and operation of a county airport, or, if only a portion of such tax is levied for said purpose, so much as may be necessary for said payment of that portion of any such tax that may be now or hereafter levied for the said purpose. If more than one such pledge shall be made of the said tax, then such pledges shall take precedence in the order in which they are made unless the proceedings making such pledge shall expressly provide that such pledge shall be on a parity with or subordinate to a subsequent pledge of the said tax. All warrants and certificates for which the pledge authorized in this section may be made shall constitute preferred claims against that portion of the said tax so pledged and shall have preference over claims incurred by the county against said portion of the said tax for operation and maintenance of any such airport and claims for any other purpose whatsoever.
(Acts 1955, No. 363, p. 881, §3.)
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https://law.justia.com/codes/alabama/title-4/chapter-5/section-4-5-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 5 - County Warrants and Certificates of Indebtedness for Airport Purposes.›Section 4-5-4 - Refunding Warrants and Certificates.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 5 - County Warrants and Certificates of Indebtedness for Airport Purposes. › Section 4-5-4 - Refunding Warrants and Certificates.
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Section 4-5-4
Refunding warrants and certificates.
Each such county may in like manner from time to time issue refunding warrants and certificates, either by sale or by exchange, for the purpose of refunding a like or greater principal amount of warrants and certificates then outstanding, which were issued under the provisions of this chapter and the interest thereon, and paying any premium necessary to be paid to retire the outstanding warrants and certificates refunded thereby. The provisions of this chapter applicable to the warrants and certificates so refunded shall likewise be applicable to such refunding warrants and certificates.
(Acts 1955, No. 363, p. 881, §4.)
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https://law.justia.com/codes/alabama/title-4/chapter-5/section-4-5-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 5 - County Warrants and Certificates of Indebtedness for Airport Purposes.›Section 4-5-5 - Provisions of Chapter Control as to Warrants or Certificates Issued Hereunder.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 5 - County Warrants and Certificates of Indebtedness for Airport Purposes. › Section 4-5-5 - Provisions of Chapter Control as to Warrants or Certificates Issued Hereunder.
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Section 4-5-5
Provisions of chapter control as to warrants or certificates issued hereunder.
Insofar as the provisions of this chapter may be inconsistent with the provisions of any other law, the provisions of this chapter shall control, it being hereby specifically declared that the provisions of Section 11-8-10 shall not be applicable to the warrants and certificates issued under the provisions of this chapter.
(Acts 1955, No. 363, p. 881, §5.)
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https://law.justia.com/codes/alabama/title-4/chapter-6/section-4-6-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 6 - Airport Zoning.›Section 4-6-1 - Short Title.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-1 - Short Title.
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Section 4-6-1
Short title.
This chapter shall be known and may be cited as the "Airport Zoning Act."
(Acts 1953, No. 730, p. 985, §14.)
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https://law.justia.com/codes/alabama/title-4/chapter-6/section-4-6-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 6 - Airport Zoning.›Section 4-6-2 - Definitions.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-2 - Definitions.
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Section 4-6-2
Definitions.
As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings respectively ascribed to them by this section:
(1) AIRPORT. Any area of land or water designed and set aside for the landing and taking-off of aircraft and utilized or to be utilized in the interest of the public for such purposes.
(2) AIRPORT HAZARD. Any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking-off at any airport or is otherwise hazardous to such landing or taking-off of aircraft.
(3) AIRPORT HAZARD AREA. Any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.
(4) POLITICAL SUBDIVISION. Any municipality, city, town, village or county.
(5) PERSON. Any individual, firm, copartnership, corporation, company, association, joint stock association or body politic and includes any trustee, receiver, assignee or other similar representative thereof.
(6) STRUCTURE. Any object constructed or installed by man including, but without limitation, buildings, towers, smokestacks and overhead transmission lines.
(7) TREE. Any object of natural growth.
(Acts 1953, No. 730, p. 985, §1.)
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https://law.justia.com/codes/alabama/title-4/chapter-6/section-4-6-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 6 - Airport Zoning.›Section 4-6-3 - Airport Hazards Contrary to Public Interest; Elimination, Alteration, etc., of Hazar...
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-3 - Airport Hazards Contrary to Public Interest; Elimination, Alteration, etc., of Hazards Declared Public Purpose.
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Section 4-6-3
Airport hazards contrary to public interest; elimination, alteration, etc., of hazards declared public purpose.
It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking-off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is hereby declared:
(1) That the creation or establishment of an airport hazard is an injury to the community served by the airport in question;
(2) That it is therefore necessary in the interest of the public health, public safety and general welfare that the creation or establishment of airport hazards be prevented; and
(3) That this should be accomplished, to the extent legally possible, by exercise of the police power.
It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein.
(Acts 1953, No. 730, p. 985, §2.)
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https://law.justia.com/codes/alabama/title-4/chapter-6/section-4-6-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 6 - Airport Zoning.›Section 4-6-4 - Authority of Counties and Municipalities to Adopt Regulations; Zoning Jurisdiction o...
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-4 - Authority of Counties and Municipalities to Adopt Regulations; Zoning Jurisdiction of Counties and Municipalities.
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Section 4-6-4
Authority of counties and municipalities to adopt regulations; zoning jurisdiction of counties and municipalities.
(a) Counties. - In order to prevent the creation or establishment of airport hazards, any county having an airport hazard area within its zoning jurisdiction, as hereinafter defined, may adopt, administer and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones, and within such zones specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow.
The zoning jurisdiction of the county is hereby declared to be all unincorporated areas in the county, except within the police jurisdiction of any municipality and the area within two miles of an airport owned or operated by a municipality when said municipality exercises or declares its intention to exercise zoning control over these areas; provided, that when by local acts the jurisdiction of zoning regulations is limited to the corporate limits of a city, this chapter shall not confer any further territorial jurisdiction on such city or its planning board or boards.
(b) Municipalities. - Any municipality having an airport hazard area within its zoning jurisdiction, as herein defined, is hereby granted the same powers contained in subsection (a) of this section.
The zoning jurisdiction of any municipality, zoning under the authority of this chapter, may include, in addition to the corporate area of said municipality, the area within the police jurisdiction of such municipality and the area lying within two miles of the boundary of any airport owned or operated by said municipality; except, that where a local act limits the territorial jurisdiction of a city planning board to the corporate limits of a city, this chapter limits zoning jurisdiction to such corporate limits.
The provisions of this section shall not apply to counties having a population of not less than 54,500 nor more than 56,000 according to the most recent federal decennial census.
(Acts 1953, No. 730, p. 985, §3; Acts 1973, No. 965, p. 1482.)
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https://law.justia.com/codes/alabama/title-4/chapter-6/section-4-6-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 6 - Airport Zoning.›Section 4-6-5 - Airport Zoning Commission.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-5 - Airport Zoning Commission.
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Section 4-6-5
Airport zoning commission.
Prior to the initial zoning of any airport hazard area under this chapter, the political subdivision which is to adopt the regulations shall be authorized to appoint an airport zoning commission consisting of five members, each to be appointed for a term of three years, or may designate any existing planning commission to recommend the boundaries of the various zones to be established and the regulations to be adopted therefor. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and the legislative body of the political subdivision shall not hold its public hearings or take other action until it has received the final report of such commission.
(Acts 1953, No. 730, p. 985, §5.)
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https://law.justia.com/codes/alabama/title-4/chapter-6/section-4-6-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 6 - Airport Zoning.›Section 4-6-6 - Procedure for Adoption of Regulations.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-6 - Procedure for Adoption of Regulations.
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Section 4-6-6
Procedure for adoption of regulations.
The legislative body of such political subdivision in question shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established and enforced, and from time to time amended, supplemented or changed, and may adopt such ordinances or regulations as may be necessary to carry into effect and make effective the provisions of this chapter. No airport zoning regulations shall be adopted under the authority of this chapter unless and until the proposed ordinance has been published at least once a week for two consecutive weeks in advance of its passage in a newspaper of general circulation within the political subdivision, or, if there is no newspaper, then by posting the same in four conspicuous places within the political subdivision, together with a notice stating the time and place that the ordinance is to be considered by the legislative authorities, and stating further that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such regulations. No such regulations shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Such regulations, restrictions and boundaries and ordinances passed under the authority of this chapter, may from time to time be amended, supplemented, changed, modified or repealed. The preceding provisions of this section relative to public hearings and official notices shall apply equally to all changes and amendments.
(Acts 1953, No. 730, p. 985, §5.)
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https://law.justia.com/codes/alabama/title-4/chapter-6/section-4-6-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 6 - Airport Zoning.›Section 4-6-7 - Reasonableness of Regulations; Standards for Adoption of Regulations; Nonconforming...
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-7 - Reasonableness of Regulations; Standards for Adoption of Regulations; Nonconforming Uses.
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Section 4-6-7
Reasonableness of regulations; standards for adoption of regulations; nonconforming uses.
(a) Reasonableness. - All airport zoning regulations adopted under this chapter shall be reasonable, and none shall impose any requirement or restriction which is not reasonably necessary to effectuate the purposes of this chapter. In determining what regulations it may adopt, the political subdivision shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood and the uses to which the property to be zoned is put and adaptable.
(b) Nonconforming uses. - No airport zoning regulations adopted under this chapter shall require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended or otherwise interfere with the continuance of any nonconforming use, except as provided in subsection (c) of Section 4-6-8.
(Acts 1953, No. 730, p. 985, §6.)
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https://law.justia.com/codes/alabama/title-4/chapter-6/section-4-6-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 6 - Airport Zoning.›Section 4-6-8 - Permits; Variances; Installation, etc., of Markers and Lights Upon Airport Hazards.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-8 - Permits; Variances; Installation, etc., of Markers and Lights Upon Airport Hazards.
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Section 4-6-8
Permits; variances; installation, etc., of markers and lights upon airport hazards.
(a) Permits. - Any airport zoning regulations adopted under this chapter may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed or substantially altered. All such regulations may provide rules under which nonconforming uses shall be discontinued and removed in case of being abandoned, destroyed, deteriorated or decayed. In any event, however, all such regulations shall provide that before any nonconforming structure or tree may be replaced, substantially altered, rebuilt, allowed to grow higher or replanted, a permit must be secured from the administrative agency authorized to administer and enforce the regulations, authorizing such replacement or change; but no such permit shall be required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made.
(b) Variances. - Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use his property in violation of airport zoning regulations adopted under this chapter, may apply to the administrative agency for a variance from the zoning regulations in question. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations and this chapter; provided, that any variance may be allowed subject to any reasonable conditions that the board of adjustment may deem necessary to effectuate the purposes of this chapter.
(c) Hazard marking and lighting. - In granting any permit or variance under this section, the administrative agency may, if it deems such action advisable to effectuate the purposes of this chapter and reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard, upon payment to the owner for all damage resulting to his property by such maintenance.
(Acts 1953, No. 730, p. 985, §7.)
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https://law.justia.com/codes/alabama/title-4/chapter-6/section-4-6-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 6 - Airport Zoning.›Section 4-6-9 - Administration and Enforcement of Regulations.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-9 - Administration and Enforcement of Regulations.
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Section 4-6-9
Administration and enforcement of regulations.
All airport zoning regulations adopted under this chapter shall provide for the administration and enforcement of such regulations by an administrative agency which may be an agency created by such regulations or any official or other existing agency of the political subdivision adopting the regulations. The duties of any administrative agency designated pursuant to this chapter shall include that of hearing and deciding all permits under this chapter.
(Acts 1953, No. 730, p. 985, §9.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 6 - Airport Zoning.›Section 4-6-10 - Powers and Duties of Administrative Agency; Procedure and Records of Official Actio...
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-10 - Powers and Duties of Administrative Agency; Procedure and Records of Official Actions of Agency.
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Section 4-6-10
Powers and duties of administrative agency; procedure and records of official actions of agency.
(a) All airport zoning regulations adopted under this chapter shall provide for an administrative agency to have and exercise the following powers:
(1) To hear and decide any special exceptions to the terms of the airport zoning regulations upon which such agency may be required to pass under such regulations.
(2) To authorize in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.
(b) The agency shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called on by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(c) The agency shall adopt rules in accordance with the provisions of the ordinance or resolution by which it was created. Meetings of the agency shall be held at the call of the chairman and at such other times as the agency may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the agency shall be public. The agency shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the agency and shall be a public record.
(Acts 1953, No. 730, p. 985, §10.)
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https://law.justia.com/codes/alabama/title-4/chapter-6/section-4-6-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 6 - Airport Zoning.›Section 4-6-11 - Appeals From Action of Administrative Agency or Governing Body.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-11 - Appeals From Action of Administrative Agency or Governing Body.
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Section 4-6-11
Appeals from action of administrative agency or governing body.
(a) Any person aggrieved by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this chapter or any governing body of a political subdivision which is of the opinion that a decision of such an administrative agency is an improper application of airport zoning regulations of concern to such governing body or board may appeal to the circuit court of the county where such airport is located.
(b) All appeals taken under this section must be taken within 10 days by filing with the agency from which the appeal is taken a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the court all the papers constituting the record upon which the action appealed from was taken.
(c) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the court, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property and file bond to indemnify the owner for damages as may be fixed by the court. In such cases proceedings may be stayed upon the filing by the appellant of a supersedeas bond in an amount to be set by the circuit court of the county in which the subject matter of such decision lies on application by the appellant or the agency from which the appeal is taken.
(d) The court may, in conformity with the provisions of this chapter, reverse, affirm wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the administrative agency from which the appeal is taken.
(Acts 1953, No. 730, p. 985, §8.)
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https://law.justia.com/codes/alabama/title-4/chapter-6/section-4-6-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 6 - Airport Zoning.›Section 4-6-12 - Remedies for Correction, Abatement, etc., of Violations of Regulations, Etc.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-12 - Remedies for Correction, Abatement, etc., of Violations of Regulations, Etc.
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Section 4-6-12
Remedies for correction, abatement, etc., of violations of regulations, etc.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
(Acts 1953, No. 730, p. 985, §11.)
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https://law.justia.com/codes/alabama/title-4/chapter-6/section-4-6-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 6 - Airport Zoning.›Section 4-6-13 - Acquisition of Air Rights, Easements, Etc.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-13 - Acquisition of Air Rights, Easements, Etc.
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Section 4-6-13
Acquisition of air rights, easements, etc.
In any case in which:
(1) It is desired to remove, lower or otherwise terminate a nonconforming structure or use; or
(2) The approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or
(3) It appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations,
the political subdivision within which the property or nonconforming use is located or the political subdivision owning the airport or served by it may acquire, by purchase, grant or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, such air right, avigation easement or other estates or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purposes of this chapter. In the case of the purchase of any property or any easement or estate or interest therein or the acquisition of the same by the power of eminent domain, the political subdivision making such purchase or exercising such power shall, in addition to the damages for the taking, injury or destruction of property, also pay the cost of the removal and relocation of any structure or any public utility which is required to be moved to a new location.
Nothing contained in this chapter shall be construed as authorizing the doing of any act or taking of any property or right therein without first making just compensation to the owner thereof for such damage for the property taken or the interest therein taken and any other damage to such owner's property not taken.
(Acts 1953, No. 730, p. 985, §12.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 6 - Airport Zoning.›Section 4-6-14 - Chapter Not to Affect Existing Municipal Zoning Ordinances, Boundaries, Etc.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-14 - Chapter Not to Affect Existing Municipal Zoning Ordinances, Boundaries, Etc.
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Section 4-6-14
Chapter not to affect existing municipal zoning ordinances, boundaries, etc.
Nothing contained in this chapter shall be held to repeal, modify or change in any way, any regulations, restrictions, boundaries or ordinances existing or in force on September 17, 1953, in any incorporated city or town in this state; and this chapter shall not be held to repeal Sections 11-52-71 through 11-52-84 as the same now exist or may hereafter be amended.
(Acts 1953, No. 730, p. 985, §15.)
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https://law.justia.com/codes/alabama/title-4/chapter-6/section-4-6-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 6 - Airport Zoning.›Section 4-6-15 - Relation of Airport Zoning Regulations to Comprehensive Zoning Regulations.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-15 - Relation of Airport Zoning Regulations to Comprehensive Zoning Regulations.
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Section 4-6-15
Relation of airport zoning regulations to comprehensive zoning regulations.
(a) Incorporation. - In the event that a political subdivision has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion thereof may be incorporated in and made a part of such comprehensive zoning regulations and be administered and enforced in connection therewith.
(b) Conflict. - In the event of conflict between any airport zoning regulations adopted under this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures of trees, the use of land or any other matter, and whether such regulations were adopted before or after the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail.
(Acts 1953, No. 730, p. 985, §4.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 7 - Aircraft Control and Warning Stations.›Section 4-7-1 - Cities May Furnish Sites for Federal Stations; Procedure for Acquisition and Conveya...
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 7 - Aircraft Control and Warning Stations. › Section 4-7-1 - Cities May Furnish Sites for Federal Stations; Procedure for Acquisition and Conveyance of Property.
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Section 4-7-1
Cities may furnish sites for federal stations; procedure for acquisition and conveyance of property.
When requested in writing by a duly authorized representative of the United States to provide the site for an aircraft control and warning station to be operated by the federal government in the vicinity of the city, any city in this state may acquire, by purchase, gift or condemnation, not more than 50 acres of land suitable for such aircraft control and warning station, and thereafter may, for a nominal consideration convey such land in fee simple to the United States of America for use as such aircraft control and warning station. Such land shall be purchased only after a resolution directing such purchase has been adopted by the governing body of the city, and no contracts or conveyances relative to acquiring or disposing of the land shall be valid unless signed by the officer or officers designated to perform such duty in the resolution.
(Acts 1955, No. 56, p. 288, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 7 - Aircraft Control and Warning Stations.›Section 4-7-2 - City May Pay Awards and Costs of Condemnation Proceedings by Federal Government.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 7 - Aircraft Control and Warning Stations. › Section 4-7-2 - City May Pay Awards and Costs of Condemnation Proceedings by Federal Government.
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Section 4-7-2
City may pay awards and costs of condemnation proceedings by federal government.
Should the governing body of any city which has been requested by the United States to furnish the site for an aircraft control and warning station and the federal authorities deem it best to condemn the needed land in the name of the United States of America under the power of eminent domain vested in the federal government, then such city is authorized to pay any awards made to the owners of such property so taken for use as an aircraft control and warning station and all court costs incurred in connection with the condemnation proceedings to the same extent that they could pay such costs if the condemnation had been filed in the name of the city.
(Acts 1955, No. 56, p. 288, §2.)
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https://law.justia.com/codes/alabama/title-4/chapter-7/section-4-7-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 7 - Aircraft Control and Warning Stations.›Section 4-7-3 - Cooperation With Federal Government in Establishment and Operation of Stations.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 7 - Aircraft Control and Warning Stations. › Section 4-7-3 - Cooperation With Federal Government in Establishment and Operation of Stations.
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Section 4-7-3
Cooperation with federal government in establishment and operation of stations.
Any city furnishing the site for an aircraft control and warning station is hereby further authorized to take any and all further action deemed appropriate by the municipal governing body to cooperate with the federal government in the establishment and operation of such aircraft control and warning station.
(Acts 1955, No. 56, p. 288, §3.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 9 - Helicopter Pilots Association.›Section 4-9-1 - Established.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 9 - Helicopter Pilots Association. › Section 4-9-1 - Established.
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Section 4-9-1
Established.
The Helicopter Pilots International, Inc., a nonprofit association of licensed helicopter pilots, is hereby constituted and made a permanent agency of the State of Alabama.
(Acts 1976, No. 691, p. 957, §1.)
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https://law.justia.com/codes/alabama/title-4/chapter-9/section-4-9-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 9 - Helicopter Pilots Association.›Section 4-9-2 - Powers and Duties of Board of Directors Generally.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 9 - Helicopter Pilots Association. › Section 4-9-2 - Powers and Duties of Board of Directors Generally.
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Section 4-9-2
Powers and duties of board of directors generally.
The board of directors of said association shall, under the overall direction and supervision of the State Superintendent of Education, carry out and execute all powers and duties assigned under this chapter to the Helicopter Pilots International, Inc., a nonprofit association.
(Acts 1976, No. 691, p. 957, §2.)
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https://law.justia.com/codes/alabama/title-4/chapter-9/section-4-9-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 9 - Helicopter Pilots Association.›Section 4-9-3 - Powers and Duties of Association Generally; Formulation of Rules and Regulations by...
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 9 - Helicopter Pilots Association. › Section 4-9-3 - Powers and Duties of Association Generally; Formulation of Rules and Regulations by Board of Directors.
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Section 4-9-3
Powers and duties of association generally; formulation of rules and regulations by board of directors.
Helicopter Pilots International, Inc., is hereby charged with the duty of establishing, and is hereby granted all powers, rights, duties and functions to carry out, a program of education and instruction for the training of helicopter pilots and to operate a school for such purposes. Said association is hereby authorized and empowered to employ such persons and acquire such real and personal property as is necessary to carry out such a program.
The board of directors of said association shall formulate such rules and regulations as are necessary to carry out their functions and duties so long as such rules and regulations do not conflict with the provisions of this chapter or any other act of this state.
(Acts 1976, No. 691, p. 957, §3.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 9 - Helicopter Pilots Association.›Section 4-9-4 - Helicopter Pilots Education and Instruction Fund.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 9 - Helicopter Pilots Association. › Section 4-9-4 - Helicopter Pilots Education and Instruction Fund.
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Section 4-9-4
Helicopter Pilots Education and Instruction Fund.
There is hereby created in the State Treasury a special fund to be known as the Helicopter Pilots Education and Instruction Fund which shall consist of all moneys appropriated to said agency from any source whatsoever, federal grants received by said agency, income from fees and tuition, sales of materials, usage and rental fees, sale of assets, royalties and patents and copyrights and all fees, receipts or income from any other source whatsoever. All sums placed in said fund are hereby made a continuing and ongoing appropriation to the use of the Helicopter Pilots International, Inc., a nonprofit association, and shall be used to carry out any of the purposes, functions and duties of said agency.
(Acts 1976, No. 691, p. 957, §4.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 9 - Helicopter Pilots Association.›Section 4-9-5 - Designation of Association as State Agency for Receipt of Surplus Federal Aircraft a...
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 9 - Helicopter Pilots Association. › Section 4-9-5 - Designation of Association as State Agency for Receipt of Surplus Federal Aircraft and Equipment and Grants, etc., of Public Funds.
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Section 4-9-5
Designation of association as state agency for receipt of surplus federal aircraft and equipment and grants, etc., of public funds.
Helicopter Pilots International, Inc., is hereby designated as the official agency of the State of Alabama to receive any surplus aircraft and related equipment from the federal government or any agency thereof and to receive any grants, allotments or allocation of any public funds for the purpose of carrying out a program of education and instruction of helicopter pilots or helicopter mechanics, maintenance and support personnel.
(Acts 1976, No. 691, p. 957, §5.)
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https://law.justia.com/codes/alabama/title-4/chapter-9/section-4-9-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 9 - Helicopter Pilots Association.›Section 4-9-6 - Supervision of Association by State Superintendent of Education.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 9 - Helicopter Pilots Association. › Section 4-9-6 - Supervision of Association by State Superintendent of Education.
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Section 4-9-6
Supervision of association by State Superintendent of Education.
The supervision of the State Superintendent of Education in regard to Helicopter Pilots International, Inc., is limited to their school and educational activities authorized under the provisions of this chapter and shall not extend to any other of the activities or business of said Helicopter Pilots International, Inc.
(Acts 1976, No. 691, p. 957, §6.)
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https://law.justia.com/codes/alabama/title-4/chapter-9/section-4-9-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 4 - Aviation.›Chapter 9 - Helicopter Pilots Association.›Section 4-9-7 - Appointment, etc., of Board of Special Directors.
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2023 Code of Alabama › Title 4 - Aviation. › Chapter 9 - Helicopter Pilots Association. › Section 4-9-7 - Appointment, etc., of Board of Special Directors.
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Section 4-9-7
Appointment, etc., of board of special directors.
The Board of Directors of Helicopter Pilots International, Inc., shall appoint a board of special directors for the operation and control of the school and educational programs prescribed by this chapter. Said special board of directors shall consist of any number of directors not exceeding five in number.
(Acts 1976, No. 691, p. 957, §7.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 1A - General Provisions.›Section 5-1A-1 - Short Title.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 1A - General Provisions. › Section 5-1A-1 - Short Title.
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Section 5-1A-1
Short title.
Chapters 1A through 13B and Chapter 20 of this title shall be known and may be cited as the "Alabama Banking Code."
(Acts 1980, No. 80-658, §5-1-1; Acts 1995, No. 95-115, p. 134, §66.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 1A - General Provisions.›Section 5-1A-2 - Definitions.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 1A - General Provisions. › Section 5-1A-2 - Definitions.
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Section 5-1A-2
Definitions.
For the purposes of Chapters 1A through 12A of this title, the following terms shall have the meanings respectively ascribed to them by this section:
(1) BANK. Any banking corporation or trust company organized under the laws of this state under the jurisdiction of the superintendent of banks of this state or organized under the laws of the United States having its principal place of business in this state.
(2) SUPERINTENDENT. The Superintendent of Banks of this state.
(3) RECEIVERSHIP COURT. The circuit court of the county in which is located the principal office of a bank in receivership.
(4) NATIONAL BANK. A national banking association organized pursuant to 12 U.S.C. § 21.
(5) CAPITAL. The sum of the par value of the authorized shares of a bank which have been issued and remain outstanding.
(6) SURPLUS. The aggregate of the amounts transferred to surplus pursuant to Section 5-5A-21 and any amounts subsequently designated as such by action of the board of directors of the bank.
(7) UNDIVIDED PROFITS. The accumulated undistributed net profits of a bank.
(8) BANK HOLDING COMPANY. A bank holding company as defined in 12 U.S.C. § 1841.
(Acts 1980, No. 80-658, §5-1-2.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 1A - General Provisions.›Section 5-1A-3 - Use of Words "Bank," "Banker," "Banking," etc., Restricted.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 1A - General Provisions. › Section 5-1A-3 - Use of Words "Bank," "Banker," "Banking," etc., Restricted.
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Section 5-1A-3
Use of words "bank," "banker," "banking," etc., restricted.
The use of the words "bank," "banker," "banking," or words of similar meaning in any foreign language as a designation or name, or as part of a designation or name, under which business is or may be conducted in the State of Alabama, or in its advertising is restricted to banking corporations organized under the laws of Alabama, other states, the United States, or foreign countries. All other persons, firms, partnerships, limited liability companies, corporations, and other entities are prohibited from using the words "bank," "banker," or "banking" or words of similar meaning in any foreign language in advertising or as a designation or name or as part of a designation or name under which business may be conducted in this state unless the superintendent determines that the use of the word by the entity is unlikely to mislead or confuse the public or give the impression that such entity is lawfully organized and operating as a bank and authorizes the use of the word. Any violation of this prohibition shall subject the party chargeable therewith to a penalty of five hundred dollars ($500) for each day, with a maximum amount of fifty thousand dollars ($50,000), during which such violation is committed or repeated. Such penalty may be recovered by the superintendent by an action instituted for that purpose, and, in addition to the penalty, such violation may be enjoined and the injunction enforced as in other cases. If the directors, officers, or those persons performing similar functions as corporate directors or officers of any entity shall knowingly and willfully violate or knowingly and willfully permit any of the officers, agents, employees, or those persons performing similar functions of the entity to violate any of the provisions of this section, each and every such director, officer, or other person engaging in such knowing and willful violation or knowing and willful permission shall be liable in his or her personal and individual capacity for all damages which the entity or any other person shall have sustained in consequence of such violation. This section shall not be applicable to entities regularly engaged in business in this state which on and since July 12, 1949, have lawfully and continuously used such words in their trade or firm name.
(Acts 1980, No. 80-658, §5-1-3; Act 2007-224, p. 284, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 1A - General Provisions.›Section 5-1A-4 - Restrictions on Engaging in Banking Business.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 1A - General Provisions. › Section 5-1A-4 - Restrictions on Engaging in Banking Business.
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Section 5-1A-4
Restrictions on engaging in banking business.
No person, firm, corporation or other entity except a bank or if otherwise lawfully authorized a credit union or a savings and loan association may lend money and either receive deposits or pay checks at its principal office or branch in this state.
(Acts 1980, No. 80-658, §5-1-4.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 1A - General Provisions.›Section 5-1A-5 - Supervisory Provisions Not Applicable to National Banks.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 1A - General Provisions. › Section 5-1A-5 - Supervisory Provisions Not Applicable to National Banks.
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Section 5-1A-5
Supervisory provisions not applicable to national banks.
The supervisory provisions of Chapters 1A through 12A of this title shall not apply to national banks.
(Acts 1980, No. 80-658, §5-1-5.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 1A - General Provisions.›Section 5-1A-6 - Inconsistent Provisions in Other Laws Superseded.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 1A - General Provisions. › Section 5-1A-6 - Inconsistent Provisions in Other Laws Superseded.
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Section 5-1A-6
Inconsistent provisions in other laws superseded.
Insofar as the provisions of Chapters 1A through 13B and Chapter 20 of this title are inconsistent with the provisions of any other law, general or special, the provisions of Chapters 1A through 13B and Chapter 20 of this title shall be controlling.
(Acts 1980, No. 80-658, §5-13-1; Acts 1995, No. 95-115, p. 134, §67.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 1A - General Provisions.›Section 5-1A-7 - Activities of Savings and Loan Associations and Credit Unions Not Restricted.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 1A - General Provisions. › Section 5-1A-7 - Activities of Savings and Loan Associations and Credit Unions Not Restricted.
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Section 5-1A-7
Activities of savings and loan associations and credit unions not restricted.
Chapters 1A through 12A of this title are not intended to limit or restrict activities of savings and loan associations or credit unions now or hereafter lawfully authorized. Specifically, nothing contained herein shall be construed so as to alter, amend or repeal any of the provisions of Sections 5-2A-60 through 5-2A-63, 5-2A-100 through 5-2A-125, 5-16-1 through 5-16-53 and 5-17-1 through 5-17-28 relating to savings and loan associations and credit unions.
(Acts 1980, No. 80-658, §5-13-3.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 1A - General Provisions.›Section 5-1A-8 - Effect of Repeal of Prior Acts.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 1A - General Provisions. › Section 5-1A-8 - Effect of Repeal of Prior Acts.
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Section 5-1A-8
Effect of repeal of prior acts.
The repeal of a prior act by Chapters 1A through 12A of this title shall not impair, or otherwise affect, the organization or the continued existence of an existing bank. Nor shall the repeal of a prior act by Chapters 1A through 12A of this title affect any right accrued or established, or any liability or penalty incurred, or the construction of the certificate of incorporation or charter of any bank organized before the enactment of Chapters 1A through 12A of this title, or the determination of the rights and interests of any of its shareholders or creditors, under the provisions of such prior act before the repeal thereof.
(Acts 1980, No. 80-658, §5-13-4.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 1A - General Provisions.›Section 5-1A-9 - Deposit Creates Debtor-Creditor Relationship; Agreement as to Person or Purpose for...
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 1A - General Provisions. › Section 5-1A-9 - Deposit Creates Debtor-Creditor Relationship; Agreement as to Person or Purpose for Which Deposit Made and Payable.
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Section 5-1A-9
Deposit creates debtor-creditor relationship; agreement as to person or purpose for which deposit made and payable.
A deposit to a bank or other financial institution permitted by law to take deposits from the general public ("depository institution") creates the relationship of debtor and creditor between the depositor and the depository institution. All such deposits are general deposits unless there is a written agreement between the depositor and the depository institution which provides therein that the deposit is to be paid only to a particular identified or identifiable person or that the deposit is made and payable only for a specific and particular purpose. This section shall not affect accounts labeled "escrow" or "trust."
(Acts 1986, No. 86-543, p. 1075.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 1A - General Provisions.›Section 5-1A-10 - Use of Lender Information or Trade Name in Solicitations.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 1A - General Provisions. › Section 5-1A-10 - Use of Lender Information or Trade Name in Solicitations.
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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 in bold-face type on the front page of the correspondence containing the solicitation all of the following:
(1) The name, address, and telephone number of the person making the solicitation.
(2) That the person making the solicitation is not affiliated with the lender.
(3) That the solicitation is not authorized or sponsored by the lender.
(4) That the loan information referenced was not provided by the lender.
(c) A person may not use a loan number, loan amount, or other specific loan information that is not publicly available in a solicitation for the purchase of services or products. Notwithstanding the foregoing, the prohibition does not apply to communications by a lender or its affiliates with a current customer of the lender or with a person who was a customer of the lender.
(d)(1) A person other than the lender may not use a loan number, loan amount, or, other than the existence of the loan, any loan specific information that is publicly available in a solicitation for the purchase of services or products unless the communication clearly and conspicuously states in bold-faced type on the front page of the correspondence containing the solicitation all of the following:
a. The name, address, and telephone number of the person making the solicitation.
b. That the person making the solicitation is not affiliated with the lender.
c. That the solicitation is not authorized or sponsored by the lender.
d. That the loan information used was not provided by the lender.
(2) The prohibition in subdivision (1) does not apply to communications by a lender or its affiliates with a current customer of the lender or with a person who was a customer of the lender.
(e) Any reference to an existing lender without the consent of the lender and any reference to a loan number, loan amount, or, other than the existence of the loan, any loan specific information appearing on the outside of an envelope, visible through the envelope window, or on a postcard, in connection with any written communication that includes or contains a solicitation for services or products is prohibited.
(f) It is not a violation of this section for a person to use the trade name of another lender in an advertisement for services or products to compare the services or products offered by the other lender.
(g) A lender or owner of a trade name or trademark may seek an injunction against a person who violates this section to stop the unlawful use of the trade name, trademark, or loan information. The person seeking the injunction shall not be required to prove actual damage as a result of the violation. Irreparable harm to the lender or owner shall be presumed. The lender or owner seeking the injunction may seek to recover actual damages.
(Act 2009-148, p. 301, §§1, 2.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-1 - Creation of Department; Duties Generally.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-1 - Creation of Department; Duties Generally.
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Section 5-2A-1
Creation of department; duties generally.
There shall be a State Banking Department which shall administer the laws of this state which regulate or otherwise relate to corporations doing or carrying on a banking business in the state, all laws relating to savings and loan associations doing business in this state and all laws relating to persons, firms or corporations engaging in the loan business in this state. The authority of the State Banking Department to perform such functions shall be exclusive.
(Acts 1980, No. 80-658, p. 1259, §5-2-1; Acts 1985, No. 85-457, p. 425, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-2 - Offices, Venue.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-2 - Offices, Venue.
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Section 5-2A-2
Offices, venue.
The State Banking Department shall locate and maintain its principal office in the City of Montgomery, Alabama, from which place it shall perform its duties and transact its business. Unless otherwise provided in Chapters 1A through 13B and Chapter 20 of this title, all actions in which the superintendent, the Banking Department or its employees, the Banking Board or its members are named or joined shall be brought in the Circuit Court of Montgomery County.
(Acts 1980, No. 80-658, §5-2-2; Acts 1995, No. 95-115, p. 134, §68.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-3 - Superintendent - Qualifications, Appointment and Term of Office; Filling of Vacanci...
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-3 - Superintendent - Qualifications, Appointment and Term of Office; Filling of Vacancies.
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Section 5-2A-3
Superintendent - Qualifications, appointment and term of office; filling of vacancies.
The State Banking Department shall be in the charge of the superintendent, who shall be the chief executive officer of the department. The superintendent shall be a person of good character and shall be neither directly nor indirectly interested in, nor borrow money from, a bank chartered under the laws of this state. Debts of the superintendent existing at the time of his or her appointment with banks chartered under the laws of this state may not be extended or renewed. The superintendent shall be appointed by the Governor by and with the consent of the Senate and his or her salary shall be set by the Governor within a salary range established by the Banking Board. The salary of any Assistant Superintendent of Banks shall be set by the Governor within a salary range established by the Banking Board for the position of Assistant Superintendent of Banks. Sections 36-6-5 and 36-6-6 shall not apply to the Superintendent of Banks. The term of office of the superintendent shall expire on the first day of February after the expiration of the term of office of the Governor making the appointment. If for any reason there is a vacancy in the office while the Senate is not in session, the Governor shall appoint a superintendent who shall hold office and exercise the powers conferred by law upon the office until the Senate meets and passes on the appointment. If the appointment is disapproved by the Senate, the appointee shall vacate the office immediately and another appointment shall be made by the Governor in like manner until an appointment is confirmed by the Senate. To be eligible for appointment as superintendent, a person shall have had at least five years' experience in the 10 years next preceding the appointment either as an officer of an Alabama bank or an examiner or other officer in a federal or state bank supervisory agency, including the Office of the Comptroller of the Currency, the Federal Reserve System, the Federal Deposit Insurance Corporation, and the banking departments of the various states or other equivalent experience for at least five years in the 10 years next preceding the appointment.
(Acts 1980, No. 80-658, p. 1259, §5-2-5; Acts 1993, No. 93-725, p. 1461, §1; Acts 1994, 1st Ex. Sess., No. 94-767, p. 51, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-4 - Superintendent - Oath and Bond.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-4 - Superintendent - Oath and Bond.
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Section 5-2A-4
Superintendent - Oath and bond.
The superintendent, before entering upon the discharge of his duties, shall take and subscribe to the oath prescribed by the constitution and laws of this state, and shall give bond in the penal sum of $25,000.00. The oath and the bond shall be filed with the Secretary of State.
(Acts 1980, No. 80-658, §5-2-6.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-5 - Superintendent - Seal of Office; Recordation of Executed Papers.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-5 - Superintendent - Seal of Office; Recordation of Executed Papers.
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Section 5-2A-5
Superintendent - Seal of office; recordation of executed papers.
The Secretary of State shall provide the superintendent with an official seal. Every paper executed by him as such superintendent, in pursuance of any authority conferred on him by law and sealed with his official seal, shall be received in evidence and may be recorded in the proper recording office in the state in the same manner and with the same effect as a deed regularly acknowledged or proven.
(Acts 1980, No. 80-658, §5-2-7.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-6 - Superintendent - Removal; Removal of Member of Banking Board.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-6 - Superintendent - Removal; Removal of Member of Banking Board.
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Section 5-2A-6
Superintendent - Removal; removal of member of Banking Board.
(a) The superintendent or any member of the Banking Board may be removed from office by a vote of two thirds of the members of the entire banking board for:
(1) Neglect of duty;
(2) Malfeasance;
(3) Misfeasance;
(4) Extortion or corruption in office;
(5) Incompetency;
(6) Intemperance in the use of intoxicating liquors or narcotics to such an extent, in view of the dignity of the office and the importance of its duties, as to render such person unfit for the discharge of his duties; or
(7) Any offense involving moral turpitude while in office, committed under color thereof or connected therewith.
(b) The superintendent may also be removed from office, without cause, upon written order of four appointed members of the Banking Board and the Governor.
(Acts 1980, No. 80-658, §5-2-8.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-7 - Superintendent - Expansion of Banking Powers; Rules and Regulations.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-7 - Superintendent - Expansion of Banking Powers; Rules and Regulations.
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Section 5-2A-7
Superintendent - Expansion of banking powers; rules and regulations.
(a) The Legislature finds as fact and determines that the financial industry composed of those banks and savings and loan associations having their principal place of business in Alabama must keep pace with technological and other improvements constantly being made throughout the United States so as to enable Alabama banks and savings and loan associations to render better and more efficient services to the citizens of Alabama. It is necessary and desirable that the superintendent be given additional authority in these fields.
(b) The superintendent is hereby authorized to expand banking powers of Alabama banks or the powers of Alabama savings and loan associations in order to:
(1) Accommodate or take advantage of changing technologies; and
(2) Assure the ability of Alabama banks and Alabama savings and loan associations to be responsive in their respective businesses to the needs and conveniences demanded by consumers and businesses through on-premises as well as off-premises operations; provided, that nothing in this section shall enable the superintendent to authorize banks to engage in activities which are not properly incident to the business of banking nor to enable the superintendent to authorize savings and loan associations to engage in the business of offering financial services which are now prohibited to them.
No bank, nor savings and loan association having its principal place of business outside of Alabama may engage in the banking or savings and loan business in Alabama under the provisions of this section; provided, that the superintendent is authorized to enter into agreements with the appropriate regulatory authorities of other states or of the United States, under the terms of which banks or savings and loan associations of such foreign state or subject to federal regulatory jurisdiction, and banks and savings and loan associations having their principal place of business in Alabama are given and may exercise reciprocal rights.
(c) The superintendent is authorized to issue regulations under subsection (b) and shall give notice in writing of any such proposed regulation to each Alabama bank and Alabama savings and loan association affected thereby, inviting comments, and shall give due consideration to such comments before adopting any final regulation. Any regulation issued under this section relating to banks shall be adopted pursuant to the provision of Section 5-2A-9. Any Alabama bank, Alabama savings and loan association and any foreign corporation or association covered by the provisions of subsection (b) desiring to exercise any such expanded power must secure in advance written permission of the superintendent. The superintendent may prescribe the form or forms for such applications for permits and may impose reasonable conditions in granting such permits.
(d) To the extent permitted by federal law, the provisions hereof may be utilized by national banks and federally chartered savings and loan associations.
(Acts 1980, No. 80-658, p. 1259, §5-2-9; Acts 1985, No. 85-457, p. 425, §2.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-8 - Superintendent - Promulgation and Interpretation of Regulations.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-8 - Superintendent - Promulgation and Interpretation of Regulations.
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Section 5-2A-8
Superintendent - Promulgation and interpretation of regulations.
The superintendent may, with the concurrence of a majority of the members of the State Banking Board or as otherwise provided in this title, promulgate such reasonable regulations, consistent with the laws of this state, as may be necessary to carry out the provisions of this title over which the State Banking Department has jurisdiction. The superintendent shall, in addition, issue written interpretations of banking laws and regulations. Any bank or bank holding company and any officer or director thereof relying on any regulation or interpretation shall be fully protected even though the same shall be thereafter ruled invalid for any reason by a court of competent jurisdiction.
(Acts 1980, No. 80-658, p. 1259, §5-2-10; Acts 1985, No. 85-457, p. 425, §3; Acts 1995, No. 95-115, p. 134, §69; Act 2013-352, p. 1261, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-9 - Superintendent - Procedure for Promulgation of Regulations; Emergency Regulations;...
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-9 - Superintendent - Procedure for Promulgation of Regulations; Emergency Regulations; Judicial Review.
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Section 5-2A-9
Superintendent - Procedure for promulgation of regulations; emergency regulations; judicial review.
(a) Prior to the adoption, amendment, or repeal of any regulation, the superintendent shall:
(1) Give at least 35 days' notice of the intended action. The notice shall include a statement of either the terms or substance of the intended action or a description of the subjects and issues involved, and the time when, the place where, and the manner in which interested persons may present their views thereon. The notice shall be mailed to all banks in this state and shall be published in a newspaper of general circulation in Montgomery County. A complete copy of the proposed regulation shall be filed with the Secretary of State; and
(2) Afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. Opportunity for oral hearing must be granted if requested by 25 persons, by a governmental subdivision or agency, or by an association having not less than 25 members. The superintendent shall consider fully all written and oral submissions respecting the proposed regulation. Upon adoption of a regulation, the superintendent, if requested to do so by an interested person either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, incorporating therein the reasons for overruling the considerations urged against its adoption.
(b) Notwithstanding any other provision of this section to the contrary, if the superintendent finds that an immediate danger to the public welfare requires adoption of a regulation upon fewer than 35 days' notice and states in writing his reasons for that finding, he may proceed without prior notice or hearing or upon any abbreviated notice and hearing that he finds practicable to adopt an emergency regulation. The regulation shall become effective immediately, unless otherwise stated therein, upon the filing of the regulation and a copy of the written statement of the reasons therefor with the Secretary of State. The regulation may be effective for a period of not longer than 120 days and shall not be renewable. The superintendent and Banking Board shall not adopt the same or a substantially similar emergency regulation within one calendar year from its first adoption unless the superintendent clearly establishes it could not reasonably be foreseen during the initial 120-day period that such emergency would continue or would likely reoccur during the next nine months. The adoption of the same or a substantially similar regulation by normal regulation-making procedures is not precluded.
(c) No regulation hereafter adopted is valid unless adopted in substantial compliance with this section. A proceeding to contest any regulation on the ground of noncompliance with the procedural requirements of this section must be commenced within two years from the effective date of the regulation; provided, however, that a proceeding to contest a regulation based on failure to provide notice as herein required or on an incorrect interpretation of the law may be commenced at any time.
(d) The validity or applicability of any regulation or an interpretation of the Banking Department may be determined in an action for declaratory judgment brought in the Circuit Court of Montgomery County when it is alleged that the adoption, amendment or repeal of any regulation or any interpretation or the application or threatened application of any regulation or any interpretation interferes with or impairs or threatens to interfere with or impair the legal rights and privileges of the bank or any person affected thereby.
(Acts 1980, No. 80-658, §5-2-11.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-10 - Superintendent - Make Good Any Impairment of Capital.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-10 - Superintendent - Make Good Any Impairment of Capital.
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Section 5-2A-10
Superintendent - Make good any impairment of capital.
Whenever the superintendent shall have reason to believe that the capital of any bank is impaired, he may in his discretion require such bank to make good the deficit by the date specified by him, which requirement shall be in writing. The superintendent may cause the affairs of any such bank to be examined to ascertain the amount of such impairment and whether the deficiency has been made good as required by law.
(Acts 1980, No. 80-658, §5-2-12.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-11 - Superintendent - Losses; Bank to Correct Impairment of Capital.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-11 - Superintendent - Losses; Bank to Correct Impairment of Capital.
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Section 5-2A-11
Superintendent - Losses; bank to correct impairment of capital.
Whenever losses are sustained by a bank, such losses shall be charged on the books of the bank as losses so that the books of the bank will show the true condition of the bank. When, by reason of losses or otherwise, the capital of a bank is impaired, and when the bank has been notified by the superintendent, under Section 5-2A-10, the bank must make good its impairment of capital in a manner approved by the superintendent.
(Acts 1980, No. 80-658, §5-2-13.)
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https://law.justia.com/codes/alabama/title-5/chapter-2a/article-1/section-5-2a-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-12 - Superintendent - Order to Correct Unsafe and Unsound Matters; Penalties; Procedure...
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-12 - Superintendent - Order to Correct Unsafe and Unsound Matters; Penalties; Procedure.
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Section 5-2A-12
Superintendent - Order to correct unsafe and unsound matters; penalties; procedure.
(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) The superintendent may order a bank, a bank holding company, the board of directors, any director or directors, and any officer or officers of any bank or bank holding company, individually or collectively (hereafter affected person, whether one or more) to correct any matters in the conduct of the affairs of the bank which in the opinion of the superintendent are unsafe and unsound. The Banking Board, after at least 20 days' written notice by the superintendent to the bank and any affected person, and a hearing before the Banking Board, may direct the superintendent to issue an order that imposes civil money penalties on the bank or bank holding company and affected person and, if so determined by the Banking Board, that removes any affected person:
(1) Who does not comply with the superintendent's order to correct unsafe and unsound matters if the Banking Board by written order enters a finding that the bank has thereby suffered or will probably suffer substantial financial loss and that such practice is one involving personal dishonesty on the part of such affected person or one which demonstrates a willful and continuing disregard for the safety and soundness of the bank or bank holding company, the result of which has caused the bank to suffer or which is likely to cause the bank to suffer substantial financial loss; or
(2) Whose conduct:
a. demonstrates personal dishonesty in connection with the business, operations, assets, or liabilities of the bank or bank holding company; or
b. demonstrates a willful and continuing disregard for the safety and soundness of the bank, the result of which has caused or is likely to cause the bank or bank holding company to suffer substantial financial loss.
(c) The amount of civil money penalties imposed shall not exceed one thousand dollars ($1,000) per day with a maximum amount of one hundred thousand dollars ($100,000) in the aggregate for all violations of an order of the superintendent. An order of removal also may prohibit the affected person from participating in the affairs of any Alabama state bank or any holding company that controls an Alabama state bank. In the superintendent's order to the bank or affected person of the imposition of civil money penalties or removal, the superintendent shall include a specific statement of the facts constituting the alleged unsafe and unsound conduct to be made the basis of the imposition of civil money penalties or removal. At the hearing thereon before the Banking Board, the board of directors of the bank or the affected person shall have the right to appear in person or by counsel. No member of the Banking Board, other than the superintendent, may participate in the hearing if such member is affiliated with the bank or affected person or has previously been involved in a determination to institute the proceedings leading to the hearing. Any order of the superintendent as directed by the Banking Board, imposing civil money penalties or directing removal of an affected person shall within 28 days of the date of entry thereof be appealable to the Circuit Court of Montgomery County, which appeal shall be conducted de novo. Pending expiration of the time for appeal, the order imposing civil money penalties or of removal shall not become effective and neither the superintendent nor the Banking Board shall publicly disclose such order except in connection with the appeal. All proceedings before the Banking Board shall be confidential. Any person violating this section by disclosure of nonpublic information presented at a confidential hearing before the Banking Board, other than the disclosure that may result in connection with an appeal thereof, shall be guilty of a Class A misdemeanor.
(Acts 1980, No. 80-658, §5-2-14; Act 2007-224, p. 284, §1; Act 2010-548, p. 966, §1; Act 2011-589, p. 1306, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-13 - Superintendent - Annual Report to Governor; Publication and Distribution, Etc.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-13 - Superintendent - Annual Report to Governor; Publication and Distribution, Etc.
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Section 5-2A-13
Superintendent - Annual report to Governor; publication and distribution, etc.
The superintendent shall make from the reports of the department during the year an annual report to the Governor on the activities of the banking department and such other information as the Governor may request and shall keep on file as a public record in the superintendent's office a copy thereof. The board may print for public distribution such annual report and such other material as it deems suitable for the more effective administration of departmental business.
(Acts 1980, No. 80-658, §5-2-15.)
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https://law.justia.com/codes/alabama/title-5/chapter-2a/article-1/section-5-2a-14/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-14 - Superintendent - Reports of Criminal Violations to Grand Juries.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-14 - Superintendent - Reports of Criminal Violations to Grand Juries.
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Section 5-2A-14
Superintendent - Reports of criminal violations to grand juries.
The superintendent may submit to any grand jury any criminal violations of the banking laws known to him or her to have occurred pursuant to applicable law regarding criminal venue and may make himself or herself or his or her staff available to testify in criminal cases if subpoenaed.
(Acts 1980, No. 80-658, §5-2-16; Act 2007-224, p. 284, §1.)
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https://law.justia.com/codes/alabama/title-5/chapter-2a/article-1/section-5-2a-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-15 - Appointment, etc., of Assistants and Employees Generally; Bond of Deputy Superinte...
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-15 - Appointment, etc., of Assistants and Employees Generally; Bond of Deputy Superintendent.
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Section 5-2A-15
Appointment, etc., of assistants and employees generally; bond of deputy superintendent.
(a) Subject to the provisions of Section 36-26-1, et seq., the superintendent may appoint or employ one or more deputy superintendents and such assistants, employees and attorneys as may be necessary to the efficient operation of the department. He shall fix their compensation in accordance with Section 36-26-1, et seq. and the pay plan of the State Personnel Department. All such assistants, employees and attorneys shall be subject to the provisions of the merit system. The superintendent shall, with the approval of the Governor, have authority to employ and discharge special counsel as he may deem necessary.
(b) The Deputy Superintendent of Banks shall in the absence of the superintendent exercise any of the powers conferred by law on the superintendent and shall before entering upon the duties of his office execute to the State of Alabama a bond in the amount of $25,000.00 for the faithful performance of his duties.
(Acts 1980, No. 80-658, §5-2-18.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-16 - Limitation of Liability of Superintendent, Members of Banking Board, or Employees.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-16 - Limitation of Liability of Superintendent, Members of Banking Board, or Employees.
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Section 5-2A-16
Limitation of liability of superintendent, members of Banking Board, or employees.
Neither the superintendent, any member of the Banking Board nor any employee of the Banking Department shall be personally liable for any acts done in good faith while in the performance of his duties as provided by law.
(Acts 1980, No. 80-658, §5-2-19.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-17 - Bank Examiners - Oath; Duties Generally.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-17 - Bank Examiners - Oath; Duties Generally.
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Section 5-2A-17
Bank examiners - Oath; duties generally.
Every examiner shall, before entering upon the discharge of his duties, take and file with the superintendent an oath faithfully to discharge his duties as examiner. Each examiner shall act under the direction of the superintendent and shall examine fully into the books, papers and affairs of each bank which he may be directed by the superintendent to examine.
(Acts 1980, No. 80-658, §5-2-20.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-18 - Bank Examiners - Commission.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-18 - Bank Examiners - Commission.
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Section 5-2A-18
Bank examiners - Commission.
The superintendent shall furnish to each examiner a commission under the signature of the superintendent and official seal of the State Banking Department, which commission the examiner shall exhibit to the bank, and to any officer or officers proposed to be examined as his authority for making the examination.
(Acts 1980, No. 80-658, §5-2-21.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-19 - Bond of Examiners and Office Assistants.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-19 - Bond of Examiners and Office Assistants.
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Section 5-2A-19
Bond of examiners and office assistants.
Before entering upon the duties of their respective offices, all examiners and office assistants shall execute to the State of Alabama a bond to be fixed and approved by the superintendent, for the faithful performance of their duties.
(Acts 1980, No. 80-658, §5-2-22.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-20 - Assessment of Banks - When Payable; Amount; Disposition of Revenue.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-20 - Assessment of Banks - When Payable; Amount; Disposition of Revenue.
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Section 5-2A-20
Assessment of banks - When payable; amount; disposition of revenue.
Each bank shall on the call of the superintendent pay to the State Banking Department an assessment fee based on the total resources of the bank as may be shown by its last report to the State Banking Department. The rate of such assessment shall be in an amount fixed by the superintendent and approved by the Banking Board and the assessment may be made more frequently than annually. All assessments and other fees or penalties collected pursuant to this title by the State Banking Department shall be paid into a special fund to be set up by the State Treasurer. The special fund shall be used to pay the salaries of the officials and employees and the expenses of the State Banking Department, including the purchase of equipment, vehicles, and supplies necessary for the examination and supervision of banks, and all moneys deposited therein are hereby appropriated for that purpose. The expenses of all examiners of the State Banking Department shall be paid according to regulations promulgated by the superintendent, and the State Banking Department and its several bureaus and divisions are hereby exempt from the provisions of Sections 36-7-20 and 36-7-22. It is provided, however, that nothing in this section shall be construed to mean that all salaries of the officials and employees and expenses of operating and equipping the State Banking Department shall come from the special fund. No other assessment or license of any kind shall be levied against or collected from any bank or banking institution, except the ordinary taxes assessed against property in general, and except as may be specifically provided for in this code.
(Acts 1980, No. 80-658, §5-2-3; Act 2007-224, p. 284, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-21 - Assessment of Banks - Fees for Failure to Pay Assessment; Proceedings for Collecti...
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-21 - Assessment of Banks - Fees for Failure to Pay Assessment; Proceedings for Collection of Assessment.
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Section 5-2A-21
Assessment of banks - Fees for failure to pay assessment; proceedings for collection of assessment.
Each bank failing to make payments of assessments on call made by the superintendent within 30 days after receiving notice from the superintendent of the amount of the assessment, shall pay to the state $100.00 for each day after such 30-day period. Such sum, together with the amount due from the bank, may be collected by civil action from the bank in the name of the state against the bank, and the Attorney General shall represent the superintendent in proper proceedings to enforce the collection of the assessment, together with the amount provided in this section.
(Acts 1980, No. 80-658, §5-2-4.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-22 - Independent Audits; Minimum Standards; Advisory Committee; Report in Lieu of Audit...
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-22 - Independent Audits; Minimum Standards; Advisory Committee; Report in Lieu of Audit.
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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 chartered under the laws of Alabama. A majority of the committee shall be comprised of individuals who are certified internal auditors, chartered bank auditors, or certified public accountants. The committee shall meet at the call of the superintendent. The advice of this committee shall not be binding on the superintendent and the members shall serve without compensation. A report of the audit shall be signed by the person making it, and such signed copy shall be submitted to the board of directors and retained in the bank. If any bank has a system of internal audit approved by the Superintendent of Banks, no such independent audit shall be required, and in lieu thereof the auditor or comptroller of the bank shall submit to its board of directors an annual summary of the same matters, which shall be retained in the bank. Such report shall also set forth the degree of compliance with the approved audit system.
(Acts 1980, No. 80-658, §5-2-17.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-23 - Legal Counsel.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-23 - Legal Counsel.
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Section 5-2A-23
Legal counsel.
The Attorney General without additional compensation shall render to the State Banking Department such legal services as the superintendent may request. The district attorney in each county in this state, when requested by the superintendent, shall as a part of his or her official duty and without compensation, represent the superintendent in any civil action that the superintendent may desire to bring, or that may be brought against the superintendent under the provisions of Chapters 1A through 13B and Chapter 20 of this title, in his or her respective circuit or county.
(Acts 1980, No. 80-658, §5-2-23; Acts 1995, No. 95-115, p. 134, §70.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 1 - General Provisions.›Section 5-2A-24 - Examination of Small Loan Companies; Fees.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 1 - General Provisions. › Section 5-2A-24 - Examination of Small Loan Companies; Fees.
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Section 5-2A-24
Examination of small loan companies; fees.
The Superintendent of Banks may at any reasonable time cause an examination to be made of any small loan company, finance company, and other individual or person holding any license from the State Banking Department at the licensee's place of business of the records and transactions of such licensee to determine compliance with the laws of Alabama. Each licensee shall pay to the State Banking Department the actual cost of each examination, the amount of which shall be reasonably prescribed under uniform and equitable rules and regulations promulgated by the Superintendent of Banks. All such fees shall be paid into the special fund set up by the State Treasurer pursuant to Section 5-2A-20, and used in the supervision and examination of licensees.
(Acts 1980, No. 80-444.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 2 - Banking Board.›Section 5-2A-40 - Composition of Banking Board; Chairman; Appointment and Terms of Office of Members...
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 2 - Banking Board. › Section 5-2A-40 - Composition of Banking Board; Chairman; Appointment and Terms of Office of Members.
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Section 5-2A-40
Composition of Banking Board; chairman; appointment and terms of office of members.
There shall be a Banking Board, which shall consist of the superintendent, who shall be ex officio a member and chairman of the board, and six persons who shall be appointed by the Governor, by and with the consent of the Senate. At the time of appointment members shall reside in different congressional districts. Members of the Banking Board shall be appointed for terms of six years each so that the terms of two of the six appointed members will expire on February 1 of each odd-numbered year. Upon the expiration of their terms of office, members of the board shall continue to serve until their successors are appointed and have qualified.
(Acts 1980, No. 80-658, §5-2-40.)
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https://law.justia.com/codes/alabama/title-5/chapter-2a/article-2/section-5-2a-41/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 2 - Banking Board.›Section 5-2A-41 - Meetings of Board - Notice; Executive Session; Confidentiality.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 2 - Banking Board. › Section 5-2A-41 - Meetings of Board - Notice; Executive Session; Confidentiality.
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Section 5-2A-41
Meetings of board - Notice; executive session; confidentiality.
(a) A meeting of the Banking Board may be held on call of the superintendent or any three members of the Banking Board. The superintendent shall give to each member of the Banking Board at least three days' notice of the time and place of any meeting of the Banking Board unless such notice is waived by all the members of the Banking Board.
(b) At any meeting, the Banking Board may go into executive session in order to do any of the following:
(1) Protect the confidentiality of reports or information under Sections 5-3A-3, 5-3A-11, and 5-13B-105 and other provisions of this title.
(2) Review information concerning the condition and affairs of any proposed bank or trust company, any bank or trust company, any subsidiary or affiliate of a bank or trust company, or several banks or trust companies or their subsidiaries, or to review personal or financial information of individuals.
(3) Accomplish any other purpose of the Banking Board that requires it to receive or consider information that is confidential under this title.
(c) Confidential information under this title includes all information set forth in subdivisions (1) and (2) of subsection (b) as well as other information designated as confidential in this title and other information as determined by the superintendent.
(d) The Banking Board shall not go into executive session except upon a majority vote of a quorum, duly recorded in the minutes.
(Acts 1980, No. 80-658, §5-2-41; Act 2007-224, p. 284, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 2 - Banking Board.›Section 5-2A-42 - Meetings of Board - Place.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 2 - Banking Board. › Section 5-2A-42 - Meetings of Board - Place.
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Section 5-2A-42
Meetings of board - Place.
The Banking Board shall hold its meetings within the state; provided, however, the Banking Board may hold a meeting without the state only if so required by the federal agency regulating banks.
(Acts 1980, No. 80-658, §5-2-42.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 2 - Banking Board.›Section 5-2A-43 - Quorum.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 2 - Banking Board. › Section 5-2A-43 - Quorum.
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Section 5-2A-43
Quorum.
A majority of members of the Banking Board shall constitute a quorum for the transaction of any business.
(Acts 1980, No. 80-658, §5-2-43.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 2 - Banking Board.›Section 5-2A-44 - Filling of Vacancies; Qualification of Members.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 2 - Banking Board. › Section 5-2A-44 - Filling of Vacancies; Qualification of Members.
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Section 5-2A-44
Filling of vacancies; qualification of members.
If a vacancy shall occur in the appointed membership of the Banking Board, the vacancy shall be filled by appointment of the Governor, and the appointee shall hold office until the Senate meets and passes on the appointment. If the appointment is disapproved by the Senate, another appointment must be made by the Governor, and appointments must be made in like manner until an appointment is confirmed by the Senate. The six appointed members of the Banking Board shall be persons of good character. Four of the six must have had at least five years' experience in the 10 years next preceding their appointment to the Banking Board either as an officer of a bank, a director of a bank or an examiner or other officer in a federal or state bank supervisory agency, including the Office of the Comptroller of the Currency, the Federal Reserve System, the Federal Deposit Insurance Corporation and the banking departments of the various states or other equivalent experience. Three of the members of the board, during the time they hold office, shall be connected with some state bank doing business as a bank under the laws of the State of Alabama as an officer or director of such bank.
(Acts 1980, No. 80-658, §5-2-44.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 2 - Banking Board.›Section 5-2A-45 - Compensation of Members.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 2 - Banking Board. › Section 5-2A-45 - Compensation of Members.
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Section 5-2A-45
Compensation of members.
No person appointed as a member of the Banking Board shall receive any compensation for this service; except, that each appointed member of said Banking Board shall receive $50.00 per day and expenses as paid state employees for each day said Banking Board is in session. The compensation of the appointed members of the Banking Board shall be paid as earned by the State Treasurer on warrants drawn by the comptroller, in favor of each of them, which warrants are to be drawn on the certificate of the superintendent, which certificate shall certify that a meeting of said board was held, stating the time of meeting and stating the amount to which each member of the board is entitled.
(Acts 1980, No. 80-658, §5-2-45.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 3 - Bureau of Savings and Loan.›Section 5-2A-60 - Composition.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 3 - Bureau of Savings and Loan. › Section 5-2A-60 - Composition.
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Section 5-2A-60
Composition.
The Bureau of Savings and Loan shall consist of:
(1) A Savings and Loan Board;
(2) A Commissioner of Savings and Loan, who shall be the chief officer of the Bureau of Savings and Loan, who shall be ex officio a member and Chairman of the Savings and Loan Board and who shall be the same person who is appointed Superintendent of Banks; and
(3) Such subordinate divisions and employees as are provided for in this chapter.
(Acts 1939, No. 14, p. 11; Acts 1939, No. 170, p. 294; Code 1940, T. 5, §23; Code 1975, §5-2-60.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 3 - Bureau of Savings and Loan.›Section 5-2A-61 - Created; Commissioner and Deputy Commissioner Generally; Examiners; Disclosure of...
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 3 - Bureau of Savings and Loan. › Section 5-2A-61 - Created; Commissioner and Deputy Commissioner Generally; Examiners; Disclosure of Information by Officers; Seal of Commissioner.
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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 Loan Board.
(d) The Savings and Loan Commissioner, with the approval of the Governor, shall appoint one or more savings and loan examiners, who shall be bank examiners, and the bank examiners so appointed shall not receive additional compensation for their services as savings and loan examiners. The deputy commissioner and the savings and loan examiners of the savings and loan bureau shall be under the direct control of the commissioner.
(e) The expenses of the Savings and Loan Bureau shall be audited and paid in the same manner as salaries and expenses of the other state departments.
(f) The commissioner and his deputy commissioner shall not be interested in any association, directly or indirectly, either as creditor, investor, director, officer, employee or borrower.
(g) Neither the commissioner nor any officer or employee of the Savings and Loan Bureau shall be personally liable for any acts done in good faith while in the performance of his duties provided by law.
(h) The commissioner, his deputy and the savings and loan examiners shall receive no compensation whatsoever from any association.
(i) The commissioner, his deputy and savings and loan examiners shall not divulge any information acquired by them in the discharge of their duties as prescribed by this title, except insofar as the same may be rendered necessary by law or under order of a court in an action involving the Savings and Loan Bureau or in criminal actions; provided, that the commissioner may furnish information as to the condition of any association to the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation, the Home Owners' Loan Corporation, any federal home loan bank or the savings and loan department of other states.
(j) The commissioner shall have a seal of office containing the words "Savings and Loan Commissioner of Alabama" in the form of a circle and the words "Seal" and "State of Alabama" shall be contained within the circle.
(Acts 1939, No. 459, p. 616; Code 1940, T. 5, §242; Code 1975, §5-2-61.)
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https://law.justia.com/codes/alabama/title-5/chapter-2a/article-3/section-5-2a-62/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 3 - Bureau of Savings and Loan.›Section 5-2A-62 - Supervisory Powers of Commissioner Generally; Approvals, etc., by Commissioner; Pe...
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 3 - Bureau of Savings and Loan. › Section 5-2A-62 - Supervisory Powers of Commissioner Generally; Approvals, etc., by Commissioner; Permits Required of Savings and Loan Associations.
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Section 5-2A-62
Supervisory powers of commissioner generally; approvals, etc., by commissioner; permits required of savings and loan associations.
(a) The commissioner shall have general supervision over all associations and corporations which are subject to the provisions of Chapter 16 of this title. He shall enforce the purposes of Chapter 16 of this title by use of the powers therein conferred and by reference to the courts when required.
(b) Every approval by the commissioner given pursuant to the provisions of Chapter 16 of this title and every communication having the effect of an order or instruction to any association shall be in writing, signed by the commissioner under the seal of his office and shall be mailed by registered or certified mail to the association affected thereby, addressed to the president thereof at the home office of the association, and unless the association to which any approval or order is directed is an association having its accounts insured by a federal agency, it shall not be necessary to furnish a copy of such approval or order to any agency nor have any such federal agency concur in any such approval or order.
(c) No savings and loan association shall transact any business, except incident to obtaining corporate existence, until it shall have obtained from the Savings and Loan Commissioner a permit to transact business as a savings and loan association.
(Acts 1939, No. 459, p. 616; Code 1940, T. 5, §243; Acts 1943, No. 97, p. 99; Acts 1945, No. 122, p. 114; Code 1975, §5-2-62.)
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https://law.justia.com/codes/alabama/title-5/chapter-2a/article-3/section-5-2a-63/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 3 - Bureau of Savings and Loan.›Section 5-2A-63 - Savings and Loan Board; Appeals From Orders, etc., of Commissioner or Board.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 3 - Bureau of Savings and Loan. › Section 5-2A-63 - Savings and Loan Board; Appeals From Orders, etc., of Commissioner or Board.
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Section 5-2A-63
Savings and Loan Board; appeals from orders, etc., of commissioner or board.
(a) There is hereby created a Savings and Loan Board, consisting of the Savings and Loan Commissioner, who shall be the ex officio chairman of the board and four persons who shall be appointed by the Governor and who shall be persons with actual practical experience for at least three years in the operation and management of an institution of the savings and loan type. The members of the board shall serve without compensation; except that members shall be paid their travelling expenses in connection with the performance of their duties as members of the board plus $10.00 per diem while engaged in the performance of such duties. Such travelling expenses shall be paid out of the treasury. The board shall have such rights, powers and privileges and shall be subject to such duties as are provided by Chapter 16 of this title. The board shall maintain in the office of the commissioner permanent records of its hearings and decisions. The commissioner shall provide adequate and sufficient quarters and personnel for use by the board in connection with the performance of its business. The Governor shall appoint one member for the term of one year, one for a term of two years, one for a term of three years, and one for a term of four years, and, thereafter, upon the expiration of such terms, members shall be appointed for a term of four years. The Governor shall fill any vacancy by the appointment of a member for the unexpired term of such member.
(b) As provided in Chapter 16 of this title, associations may appeal from certain actions of the commissioner, by filing in writing, with the secretary of the board, within 30 days after the action of the commissioner complained of, a statement of the objections taken to such action. A copy of such statement shall be simultaneously filed with the commissioner. Within 10 days after the date of any such objection, the board shall fix a date for a hearing on such objection. The objecting association and the commissioner shall be notified in writing of the date of such hearing. The date of such hearing shall not be earlier than 15 days nor later than 30 days after the date of such notice, unless the board deems an earlier hearing necessary or advisable. At such hearing, the association shall present by its attorney, a director or directors, officer or officers or other employee the reasons why it deems itself aggrieved by the action of the commissioner. The commissioner shall be heard in defense of his action. The board may permit other persons who may be concerned or affected by its decision to appear before it at any such hearing. After hearing the evidence and determining the facts, the board shall, upon the merits, either approve or disapprove the action of the commissioner.
(c) After such action, should any association be dissatisfied with any findings, ruling, order or judgment of the board, said association may within 30 days after the making and issuance thereof commence a civil action in the Circuit Court of Montgomery County, Alabama, against the board and commissioner as defendants, to vacate and set aside said finding, ruling or order on the ground that same is unjust and unreasonable. The rules of pleading and procedure in such civil action shall be the same as for the trial of civil actions in the circuit courts of this state, and on hearing the judge of said circuit court may set aside, modify or confirm said finding, ruling, order or judgment as the evidence may require. Appeals may be taken from the decision of the circuit court to the supreme court by either party in the same manner as is provided by law in other civil cases, but the board and commissioner may appeal without bond. Pending any such appeal, the findings, rulings, orders and judgments of the board shall be prima facie evidence that they are just and reasonable and that the facts found are true and shall remain in full force and effect. If no civil action is brought within 30 days, said finding, ruling, order or judgment shall become final and binding.
(Acts 1939, No. 459, p. 616; Code 1940, T. 5, §244; Acts 1943, No. 93, p. 95; Code 1975, §5-2-63.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 4 - Bureau of Loans.›Section 5-2A-80 - Created; Supervisor of Bureau; Inspections; Records, Reports, etc., Not Open to Pu...
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 4 - Bureau of Loans. › Section 5-2A-80 - Created; Supervisor of Bureau; Inspections; Records, Reports, etc., Not Open to Public.
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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 person, copartnership or corporation shall act, or claim to act, as principal, agent or broker or under or without the authority of said chapter. All records, reports and other data submitted by any licensee to the Supervisor of the Bureau of Loans and the reporting of all investigations made under Chapter 18 of this title shall remain in said office and shall not be open to public inspection.
(Acts 1945, No. 159, p. 200, §5; Acts 1951, No. 787, p. 1385; Code 1975, §5-2-80.)
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https://law.justia.com/codes/alabama/title-5/chapter-2a/article-4/section-5-2a-81/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 4 - Bureau of Loans.›Section 5-2A-81 - Revocation and Suspension of Licenses; Injunctive Relief as to Violations of Small...
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 4 - Bureau of Loans. › Section 5-2A-81 - Revocation and Suspension of Licenses; Injunctive Relief as to Violations of Small Loan Act.
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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 immediate suspension of such license pending a complete investigation, it may, upon three days' written notice, and after a hearing, enter an order suspending such license for a period not exceeding 30 days, during which time no loans may be made by the licensee. Upon completion of its investigation, the bureau may reinstate the license or revoke the same or order such further suspension thereof as the circumstances may warrant.
(b) The supervisor may, either before or after the suspension or revocation of any license, apply to any court of competent jurisdiction for an injunction or other order enjoining or prohibiting any person from violating any of the provisions of Chapter 18 of this title or any rules, regulations or orders of the bureau, and upon a proper showing the court shall issue such injunction or order as may be deemed proper.
(Acts 1945, No. 159, p. 200, §5; Acts 1951, No. 787, p. 1385; Code 1975, §5-2-81.)
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https://law.justia.com/codes/alabama/title-5/chapter-2a/article-4/section-5-2a-82/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 4 - Bureau of Loans.›Section 5-2A-82 - Appeals From Acts of Bureau or Supervisor.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 4 - Bureau of Loans. › Section 5-2A-82 - Appeals From Acts of Bureau or Supervisor.
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Section 5-2A-82
Appeals from acts of bureau or supervisor.
Any person aggrieved by any order or act of the bureau or the supervisor may, within 30 days from the entry of the order complained of or within 60 days of the act complained of if there is no order, file a complaint or appeal from the order or act against the supervisor in the Circuit Court of Montgomery County or the circuit court of the county of the residence of the party aggrieved or the circuit court of the county wherein the party aggrieved does business and file security with the court for costs. Such complaint may pray for a reversal, rescission or modification of the order or act complained of and for such other relief as may be appropriate. It shall allege the facts relied upon as the basis for such relief. When the complaint has been filed, a summons shall be issued forthwith and shall be served upon the supervisor personally or by registered or certified mail addressed to his office in the State Banking Department. The summons shall be returnable within five days from its date but in all other respects it shall be made as in other civil actions. The allegations of the complaint shall be deemed to be denied without further pleading, and the court, upon application by either party, shall advance the cause and hear the same without delay. Mere technical irregularities in the procedure before the bureau shall be disregarded. Trial thereof shall be de novo, but on such hearing the act or order of the supervisor shall be prima facie correct and the burden shall be on the plaintiff to show that the bureau in issuing the order or in taking the action complained of was not justified. Any party to the proceeding may summon witnesses and compel their attendance as in criminal cases and may introduce evidence in addition to that relied upon by the bureau. A proceeding under this section shall be deemed to be a special proceeding and either party may appeal from a final judgment therein.
(Acts 1945, No. 159, p. 200, §5; Acts 1951, No. 787, p. 1385; Code 1975, §5-2-82.)
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https://law.justia.com/codes/alabama/title-5/chapter-2a/article-4/section-5-2a-83/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 4 - Bureau of Loans.›Section 5-2A-83 - Payment of Salaries and Expenses.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 4 - Bureau of Loans. › Section 5-2A-83 - Payment of Salaries and Expenses.
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Section 5-2A-83
Payment of salaries and expenses.
The salaries of the supervisor and employees of the Bureau of Loans and all other expenses incident to carrying out the duties of the supervisor and employees shall be paid as the salaries of other state officials and employees are paid, and the other said necessary expenses shall be paid as now provided by law.
(Acts 1945, No. 159, p. 200, §6; Acts 1947, No. 124, p. 36; Acts 1951, No. 787, p. 1385; Code 1975, §5-2-83.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 5 - Bureau of Credit Unions.›Division 1 - General Provisions.›Section 5-2A-100 - Created; Appointment of Supervisor and Other Employees; Supervisor's Oath and Bon...
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 5 - Bureau of Credit Unions. › Division 1 - General Provisions. › Section 5-2A-100 - Created; Appointment of Supervisor and Other Employees; Supervisor's Oath and Bond; Investigations; Records, Reports, etc., Open to Public.
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Section 5-2A-100
Created; appointment of supervisor and other employees; supervisor's oath and bond; investigations; records, reports, etc., open to public.
Repealed by Act 2014-317, §2, effective May 1, 2014.
(Acts 1971, No. 2293, p. 3694, §1; Code 1975, §5-2-100.)
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https://law.justia.com/codes/alabama/title-5/chapter-2a/article-5/division-1/section-5-2a-101/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 5 - Bureau of Credit Unions.›Division 1 - General Provisions.›Section 5-2A-101 - Qualifications of Supervisor.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 5 - Bureau of Credit Unions. › Division 1 - General Provisions. › Section 5-2A-101 - Qualifications of Supervisor.
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Section 5-2A-101
Qualifications of supervisor.
Repealed by Act 2014-317, §2, effective May 1, 2014.
(Acts 1971, No. 2293, p. 3694, §2; Code 1975, §5-2-101.)
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https://law.justia.com/codes/alabama/title-5/chapter-2a/article-5/division-1/section-5-2a-102/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 5 - Bureau of Credit Unions.›Division 1 - General Provisions.›Section 5-2A-102 - Supervision, Inspection and Examinations of Credit Unions.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 5 - Bureau of Credit Unions. › Division 1 - General Provisions. › Section 5-2A-102 - Supervision, Inspection and Examinations of Credit Unions.
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Section 5-2A-102
Supervision, inspection and examinations of credit unions.
Repealed by Act 2014-317, §2, effective May 1, 2014.
(Acts 1971, No. 2293, p. 3694, §10; Code 1975, §5-2-102.)
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https://law.justia.com/codes/alabama/title-5/chapter-2a/article-5/division-1/section-5-2a-103/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 2A - State Banking Department.›Article 5 - Bureau of Credit Unions.›Division 1 - General Provisions.›Section 5-2A-103 - Payment of Operating Expenses.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 5 - Bureau of Credit Unions. › Division 1 - General Provisions. › Section 5-2A-103 - Payment of Operating Expenses.
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Section 5-2A-103
Payment of operating expenses.
Repealed by Act 2014-317, §2, effective May 1, 2014.
(Acts 1971, No. 2293, p. 3694, §11; Code 1975, §5-2-103; Acts 1981, No. 81-852, p. 1529, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 3A - Examinations of Banks; Reports of Banks.›Article 1 - Examination of Banks.›Section 5-3A-1 - Required Times; Items to Be Examined; Applicability to Bank Holding Companies and A...
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 3A - Examinations of Banks; Reports of Banks. › Article 1 - Examination of Banks. › Section 5-3A-1 - Required Times; Items to Be Examined; Applicability to Bank Holding Companies and Affiliates.
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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 management of the bank, whether the requirements of its charter and of law have been complied with in the administration of the affairs of the bank, and such other matters as the superintendent may prescribe. In addition, the superintendent may in like manner examine or cause to be examined the affairs of every bank, every bank holding company, and every subsidiary or other affiliate or bank service company as defined pursuant to 12 U.S.C. §§1861-1867 of the bank or bank holding company, except a national bank or a subsidiary or other affiliate of a national bank, whenever, in the judgment of the superintendent, the management and condition of the bank, bank holding company, or the affiliates or bank service companies of either render an examination of the affairs of any of these entities necessary or expedient, or whenever the superintendent has reason to believe that a bank, bank holding company, or an affiliate or bank service company of either is not being operated in compliance with the laws of this state or in accordance with safe and sound banking practices.
(c) The term "affiliate" shall include any corporation, business trust, association, or other entity or organization under any of the following conditions:
(1) When a bank or a bank holding company, directly or indirectly, owns or controls either a majority of the voting shares or more than 50 percent of the number of shares voted for the election of the organization's directors, trustees, or other persons exercising similar functions at the preceding election, or controls in any manner the election of a majority of the organization's directors, trustees, or other persons exercising similar functions.
(2) When control of a bank or bank holding company is held, directly or indirectly, through stock ownership or in any other manner, by the shareholders of a bank or bank holding company who own or control either a majority of the shares of the bank or bank holding company or more than 50 percent of the number of shares voted for the election of directors of the bank or bank holding company at the preceding election, or by trustees for the benefit of the shareholders of the bank or bank holding company.
(3) When a majority of the directors of the bank or bank holding company comprise a majority of the directors, trustees, or other persons exercising similar functions of the organization.
(4) When the organization owns or controls, directly or indirectly, either a majority of the shares of capital stock of a bank or bank holding company or more than 50 percent of the number of shares voted for the election of directors of a bank or bank holding company at the preceding election, or controls in any manner the election of a majority of the directors of a bank or bank holding company at the preceding election, or controls in any manner the election of a majority of the directors of a bank or bank holding company, or for the benefit of whose shareholders or members all or substantially all the capital stock of a bank or bank holding company is held by trustees.
(Acts 1980, No. 80-658, §5-3-1; Acts 1997, No. 97-495, p. 885, §1; Act 2011-589, p. 1306, §1; Act 2013-352, p. 1261, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 3A - Examinations of Banks; Reports of Banks.›Article 1 - Examination of Banks.›Section 5-3A-2 - Acceptance of Examinations and Reports of Federal Bank Regulatory Agency, Etc.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 3A - Examinations of Banks; Reports of Banks. › Article 1 - Examination of Banks. › Section 5-3A-2 - Acceptance of Examinations and Reports of Federal Bank Regulatory Agency, Etc.
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Section 5-3A-2
Acceptance of examinations and reports of federal bank regulatory agency, etc.
The superintendent is authorized to accept, in his discretion, in lieu of any examination authorized by the laws of this state to be conducted by his department the examination that may have been made of same within a reasonable period by a federal bank regulatory agency, provided a copy of said examination is furnished to said superintendent. Nothing in this section shall be construed to limit the duty of any banks in this state, deposits in which are to any extent insured under the provisions of the Federal Deposit Insurance Act or of any amendment of or substitution for the same, to comply with the provisions of said act, its amendments or substitutions or the requirements of said corporation relative to examinations and reports, nor to limit the powers of the superintendent with reference to examinations and reports under existing law.
(Acts 1980, No. 80-658, §5-3-2.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 3A - Examinations of Banks; Reports of Banks.›Article 1 - Examination of Banks.›Section 5-3A-3 - Disclosure of Information Obtained by Superintendent, Bank Examiners, Etc.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 3A - Examinations of Banks; Reports of Banks. › Article 1 - Examination of Banks. › Section 5-3A-3 - Disclosure of Information Obtained by Superintendent, Bank Examiners, Etc.
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Section 5-3A-3
Disclosure of information obtained by superintendent, bank examiners, etc.
(a) Neither the superintendent, any member of the Banking Board, nor any bank examiner or other state employee shall disclose the condition and affairs of any bank or bank holding company, or their subsidiaries or other affiliates, ascertained by an examination of such bank, or bank holding company, or affiliates, or report or give information as to persons who are depositors or debtors of a bank, except as authorized or required by law; provided, that this section shall not be construed to prevent bank examiners and other employees from reporting such information to the superintendent or such persons as the superintendent may lawfully designate.
(b) Notwithstanding the provisions of subsection (a), the superintendent, at the superintendent's discretion, may disclose any information, otherwise protected under this section, to the members of the Banking Board and confer with the members of the Banking Board regarding the same and may disclose such information as is necessary in taking enforcement actions or other supervisory actions pursuant to this title.
(c) The superintendent may furnish to the Federal Reserve, Federal Deposit Insurance Corporation, the Comptroller of the Currency, or to any successor banking supervisory agency of the United States reports of examination and other data as the superintendent deems advisable. The Federal Reserve, Federal Deposit Insurance Corporation, the Comptroller of the Currency, or any successor banking supervisory agency of the United States may use such reports of examination and other information in taking their enforcement and other supervisory actions. Any disclosure by these agencies to third parties must be made with the prior consent of the superintendent and subject to such confidentiality restrictions required by this title or as the superintendent may require.
(d) The superintendent may also furnish copies of his or her reports of examination and any other information to the board of directors of the bank, bank holding company, or affiliate, which was examined and to any bank holding company owning more than 50 percent of the capital stock of such bank.
(e) Any reports or information furnished or disclosed under subsection (a), (b), (c), or (d) shall remain the property of the Banking Department and, except as provided in this section and Section 5-3A-11, may not be disclosed to any person other than the officers, directors, attorneys, and auditors of such bank or bank holding company or affiliate, consultants or advisors to such bank, bank holding company, or affiliate, and, subject to appropriate confidentiality agreements, persons considering the possible acquisition of, merger with, or investment in such bank, bank holding company, or affiliate. No person receiving such reports or information may (1) use such report or information other than in connection with the bank, bank holding company, or affiliate, and its business and affairs, (2) retain that report or information or copies thereof, or (3) except as expressly permitted by law, disclose such report or information to any person not authorized to receive the same under this subsection. For purposes of this title, a bank service company pursuant to 12 U.S.C. §§1861-1867 shall be subject to the same confidentiality requirements as an affiliate or a bank or bank holding company.
(f) Any person violating this section shall be guilty of a Class A misdemeanor.
(Acts 1980, No. 80-658, §5-3-3; Act 2007-224, p. 284, §1; Act 2011-589, p. 1306, §1; Act 2013-352, p. 1261, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 3A - Examinations of Banks; Reports of Banks.›Article 1 - Examination of Banks.›Section 5-3A-4 - Expenses of Special Examinations.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 3A - Examinations of Banks; Reports of Banks. › Article 1 - Examination of Banks. › Section 5-3A-4 - Expenses of Special Examinations.
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Section 5-3A-4
Expenses of special examinations.
The expenses incidental to any special examination of banks, bank holding companies, or their affiliates shall be borne by the bank or bank holding company so examined, and such bank or bank holding company shall, on the call of the superintendent, pay into the Treasury of Alabama, earmarked for the use of the Banking Department, within 10 days after said examination, an amount not exceeding the actual expenses of such examination, including per diem, travel expenses and the pro rata portion of the salaries of the state employees engaged in making such examination.
(Acts 1980, No. 80-658, §5-3-4; Act 2011-589, p. 1306, §1.)
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https://law.justia.com/codes/alabama/title-5/chapter-3a/article-1/section-5-3a-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 3A - Examinations of Banks; Reports of Banks.›Article 1 - Examination of Banks.›Section 5-3A-5 - Examination of Agency of Foreign Banks.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 3A - Examinations of Banks; Reports of Banks. › Article 1 - Examination of Banks. › Section 5-3A-5 - Examination of Agency of Foreign Banks.
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Section 5-3A-5
Examination of agency of foreign banks.
The superintendent shall have the power to examine or cause to be examined every agency located in this state of any foreign bank for the purpose of ascertaining whether it has violated any law of the state and for such other purposes and to such other matters as the superintendent may prescribe.
(Acts 1980, No. 80-658, §5-3-5.)
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https://law.justia.com/codes/alabama/title-5/chapter-3a/article-1/section-5-3a-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 3A - Examinations of Banks; Reports of Banks.›Article 1 - Examination of Banks.›Section 5-3A-6 - Examination of Witnesses and Production of Documents; Penalties for False Entry or...
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 3A - Examinations of Banks; Reports of Banks. › Article 1 - Examination of Banks. › Section 5-3A-6 - Examination of Witnesses and Production of Documents; Penalties for False Entry or Statement; Proceedings Against Former Employees.
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Section 5-3A-6
Examination of witnesses and production of documents; penalties for false entry or statement; proceedings against former employees.
(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) The superintendent and every examiner acting under the superintendent may administer oaths and may examine under oath any person whose testimony may be required on the examination of any bank or any bank holding company, on the examination of any affiliate of a bank, or on the examination of any agency of any foreign bank and shall have authority and power to compel the appearance and attendance of any such person or the production of any records and documents of any bank, any bank holding company, any affiliate of a bank, or any agency of a foreign bank for the purpose of any examination and attendance or production may be enforced by order of a circuit court. Production of records and documents or testimony, whether or not made under oath, required by the superintendent on the examination of any bank or bank holding company shall not constitute a waiver by the bank, bank holding company, or any director, officer, employee, advisor, consultant, attorney, or accountant of or for the bank or bank holding company of any attorney-client privilege or other privilege to which they may be entitled under law.
(c) Any officer, director, agent, or employee of any bank, any bank holding company, any affiliate of any bank, or any agency of any foreign bank, or any affected person, whether one or more, who (1) makes any false entry or omission with intent to mislead in any book, report, or statement of such bank, bank holding company, affiliate of such bank, or agency of such foreign bank or (2) makes a false statement, whether or not made under oath, to the superintendent, an examiner acting under the superintendent, or to any officer of such bank, bank holding company, affiliate of any bank, or agency of any foreign bank with intent to injure or defraud such bank, bank holding company, affiliate, or agency or with the intent to influence in any way the action of the superintendent or an examiner acting under the superintendent, shall be subject to removal and the imposition of civil money penalties by the superintendent when so directed by the Banking Board as provided in this title. An order of removal may prohibit the affected person from participating in the affairs of any Alabama state bank or any holding company that controls an Alabama state bank. Any action of the superintendent or examiner acting under the superintendent taken in reliance upon such false entry, omission, or statement may be rescinded and withdrawn.
(d) In taking an action to prohibit participation by, remove, or impose civil money penalties upon, any officer, director, or employee of any bank, any bank holding company, any affiliate of any bank, or any agency of any foreign bank under this section, the superintendent and Banking Board shall not be required to establish that the bank, bank holding company, affiliate of the bank, or agency of a foreign bank suffered or probably will suffer financial loss and shall not be required to establish that the superintendent or examiner acting under the superintendent was influenced by such false entry, omission, or statement.
(e) The resignation, termination of employment or participation, or separation of any director, officer, or employee of a bank or bank holding company for any reason whatsoever shall not affect the jurisdiction and authority of the superintendent or the Banking Board to issue any notice or order and proceed under this title against any such person, including, without limitation, Sections 5-2A-12 and 5-3A-6, if such notice or order is served before the end of the six-year period beginning on the last date that such person ceased to be a director, officer, or employee of any bank or bank holding company.
(Acts 1980, No. 80-658, §5-3-6; Act 2007-224, p. 284, §1; Act 2010-548, p. 966, §1; Act 2011-589, p. 1306, §1.)
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https://law.justia.com/codes/alabama/title-5/chapter-3a/article-1/section-5-3a-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 3A - Examinations of Banks; Reports of Banks.›Article 1 - Examination of Banks.›Section 5-3A-7 - False Swearing, etc., Before Bank Examiners or Superintendent.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 3A - Examinations of Banks; Reports of Banks. › Article 1 - Examination of Banks. › Section 5-3A-7 - False Swearing, etc., Before Bank Examiners or Superintendent.
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Section 5-3A-7
False swearing, etc., before bank examiners or superintendent.
Any person who willfully or corruptly swears or affirms falsely, when being examined under oath by any bank examiner or the superintendent in regard to any material matter or thing, shall be guilty of perjury.
(Acts 1980, No. 80-658, §5-3-7.)
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https://law.justia.com/codes/alabama/title-5/chapter-3a/article-1/section-5-3a-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 3A - Examinations of Banks; Reports of Banks.›Article 1 - Examination of Banks.›Section 5-3A-8 - Reports of Superintendent and Bank Examiners as to Examinations; Publication of Rep...
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 3A - Examinations of Banks; Reports of Banks. › Article 1 - Examination of Banks. › Section 5-3A-8 - Reports of Superintendent and Bank Examiners as to Examinations; Publication of Reports of Examination for Limited Purposes.
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Section 5-3A-8
Reports of superintendent and bank examiners as to examinations; publication of reports of examination for limited purposes.
Each examiner shall report under oath to the superintendent the result of each examination made by him, which report the superintendent shall keep on file in his office for a period of not less than two years from the time of the making of such report. The superintendent shall have the power, and he is hereby authorized, to publish the report of his examination of any bank or any affiliate of a bank which shall not within 120 days after notification of the recommendations or suggestions of the superintendent, based on said examination, have complied with the same to his satisfaction. Ninety days' notice prior to such publication shall be given to the bank or affiliate of a bank.
(Acts 1980, No. 80-658, §5-3-8.)
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https://law.justia.com/codes/alabama/title-5/chapter-3a/article-1/section-5-3a-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 3A - Examinations of Banks; Reports of Banks.›Article 1 - Examination of Banks.›Section 5-3A-9 - Loans, Gifts, Favors, etc., to Banking Department Employees From Banks, Employees,...
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 3A - Examinations of Banks; Reports of Banks. › Article 1 - Examination of Banks. › Section 5-3A-9 - Loans, Gifts, Favors, etc., to Banking Department Employees From Banks, Employees, etc., Prohibited.
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Section 5-3A-9
Loans, gifts, favors, etc., to Banking Department employees from banks, employees, etc., prohibited.
(a) No officer, agent or employee of any bank shall offer or give to an employee of the State Banking Department or his family, and no such employee nor his family shall solicit or receive anything of value directly or indirectly from a bank, including a gift, favor, or service or a promise of future employment. Expenses associated with social occasions afforded such employee shall not be deemed a thing of value within the meaning of this section or prohibited hereby.
(b) No superintendent, assistant superintendent, deputy superintendent or bank examiner of the State Banking Department shall, either directly or indirectly, be pecuniarily interested in nor borrow from a state bank. Debts now existing and any debt which may be owing at the time of employment to state banks may not be extended or renewed.
(c) Nothing herein shall be construed to prohibit the superintendent or a State Banking Department employee from owning a certificate of deposit in a state bank, however, no preferential rate shall be granted.
(Acts 1980, No. 80-658, §5-3-9; Acts 1988, No. 88-553, p. 869.)
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https://law.justia.com/codes/alabama/title-5/chapter-3a/article-1/section-5-3a-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 3A - Examinations of Banks; Reports of Banks.›Article 1 - Examination of Banks.›Section 5-3A-10 - False Reports by Bank Examiners.
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2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 3A - Examinations of Banks; Reports of Banks. › Article 1 - Examination of Banks. › Section 5-3A-10 - False Reports by Bank Examiners.
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Section 5-3A-10
False reports by bank examiners.
Any bank examiner who shall make a report under oath as to the result of any examination made by him which is knowingly and willfully false shall be guilty of perjury.
(Acts 1980, No. 80-658, §5-3-10.)
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