reglab/housing_qa huggingface dataset:
AL Code § 5-18-11 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18 - Small Loans.|Section 5-18-11 - Books, Accounts and Records of Licensees; Annual Report.

Section 5-18-11Books, accounts and records of licensees; annual report. (a) Books and records. -Each licensee shall keep and use in his business such books, accounts and records as will enable the supervisor to determine whether such licensee is complying with the provisions of this chapter and with the orders and regulations lawfully made by the supervisor hereunder. Each licensee shall preserve such books, accounts and records for at least two years after making the final entry on any loan recorded therein. (b) Annual report. (1) Each licensee shall annually, on or before May 1, file a report with the supervisor as to each licensed place of business under this chapter, covering the preceding calendar year. (2) Such report shall be made under oath and shall be in the form prescribed by the supervisor who shall make and publish annually an analysis and recapitulation of such reports. (Acts 1959, No. 374, p. 966, §10; Acts 1984, No. 84-287, p. 498.)
AL Code § 5-18-12 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18 - Small Loans.|Section 5-18-12 - Promulgation of Rules, Regulations and Orders by Supervisor; Furnishing of Certified Copies of Licenses, Regulations or Orders.

Section 5-18-12Promulgation of rules, regulations and orders by supervisor; furnishing of certified copies of licenses, regulations or orders. (a) Rules, regulations, and orders. - The supervisor shall have authority to make reasonable rules, regulations, and orders for the administration and enforcement of this chapter, in addition hereto and not inconsistent herewith. The regulation or order shall be referenced to the section or sections of the chapter which set forth the legislative standard which it interprets or to which it applies. Every regulation shall be promulgated by an order, and any ruling, demand, requirement or similar administrative act may be promulgated by an order. Every order shall be in writing, shall state its effective date and the date of its promulgation and shall be entered in an indexed permanent book which shall be a public record. A copy of every order promulgating a regulation and of every other order containing a requirement of general application shall be mailed to each licensee at least 10 days before the effective date thereof. The failure of a licensee to receive a copy of the regulations shall not exempt him from the duty of compliance with the valid regulations lawfully issued. (b) Certified copies of official documents. - On application of any person and payment of the costs thereof, the supervisor shall furnish, under his or her seal and signed by him or her or his or her deputy a certified copy of any license, regulation or order. In any court or proceeding, the copy shall be prima facie evidence of the fact of the issuance of the license, regulation or order. (c) Standards for judicial review of rules and regulations. - As set forth in Section 5-19-21, the supervisor may promulgate reasonable rules and regulations, consistent with the laws of this state, as may be necessary to carry out the provisions of this chapter, and issue written interpretations of consumer finance laws and regulations. The courts of this state shall apply each regulation that becomes effective and each written interpretation that is issued under this subsection, unless the regulation or interpretation is found to be arbitrary and capricious, outside the supervisor's statutory authority, or violative of the Constitution of Alabama of 1901. Any licensee whose practices are consistent with any regulation or written interpretation shall not be liable for any violation of this chapter, even though the rule, or interpretation thereof, is ruled invalid for any reason by a court of competent jurisdiction. (Acts 1959, No. 374, p. 966, §11; Acts 1996, No. 96-757, p. 1331, §1.)
AL Code § 5-18-13 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18 - Small Loans.|Section 5-18-13 - Advertising; Schedule of Charges.

Section 5-18-13Advertising; schedule of charges. (a) Advertising, etc. No licensee or other person subject to this chapter shall advertise, display, distribute, or broadcast or cause to permit to be advertised, displayed, distributed, or broadcast in any manner whatsoever any false, misleading, or deceptive statement or representation with regard to the rates, terms, or conditions for loans in the amount or of the value of less than one thousand five hundred dollars ($1,500). The supervisor may require that charges or rates of charge, if stated by a licensee, be stated fully and clearly in such manner as he or she may deem necessary to prevent misunderstanding thereof by prospective borrowers. The supervisor may permit or require licensees to refer in their advertising to the fact that their business is under state supervision, subject to conditions imposed by him or her to prevent an erroneous impression as to the scope or degree of protections provided by this chapter. (b) Schedule of charges. Each licensee shall conspicuously display in each licensed place of business a full and accurate schedule of the rates of charge upon all classes of loans currently to be made by him or her. (Acts 1959, No. 374, p. 966, §12; Acts 1979, No. 79-327, p. 490, §1; Act 2002-305, p. 863, §1; Act 2004-290, p. 407, §1; Act 2017-373, §1.)
AL Code § 5-18-14 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18 - Small Loans.|Section 5-18-14 - Conduct of Other Business in Office of Licensee; Loan Business Confined to Licensed Offices; Acceptance of Liens on Real Estate as Security for Loans.

Section 5-18-14Conduct of other business in office of licensee; loan business confined to licensed offices; acceptance of liens on real estate as security for loans. (a) Other business in same office. - No licensee shall conduct the business of making loans under this chapter within any office, suite, room or place of business in which any other business is solicited or engaged in or in association or conjunction with any other business until three days' written notice of an intention so to do has been given the supervisor. Upon receipt of written notification, the supervisor may investigate the facts and, if he finds that the character of the licensee and the nature of the other business warrant belief that such conduct of business would conceal violation or evasion of this chapter or of regulations lawfully made hereunder, he shall enter an order directing the licensee to discontinue said other business. The order shall be entered in the manner specified in and subject to the provisions of subsection (c) of Section 5-18-6. (b) Business confined to licensed office. - No licensee shall conduct the business of making loans provided for by this chapter under any name or at any place of business within this state other than that stated in the license. Nothing in this section shall prevent the making of loans by mail nor prohibit accommodations to individual borrowers when necessitated by sickness or other emergency situations. (c) Liens on real estate. - No licensee shall take a lien upon real estate as security for any loan made under this chapter, except such lien as is created by law through the entry or recording of a judgment. (Acts 1959, No. 374, p. 966, §13.)
AL Code § 5-18-15.1 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18 - Small Loans.|Section 5-18-15.1 - Additional Late Payment Charge.

Section 5-18-15.1Additional late payment charge. Notwithstanding the provisions of subsection (e) of Section 5-18-15, for contracts entered into after June 7, 2007, the additional late charge a licensee licensed under this chapter, the Alabama Small Loan Act, may charge when a scheduled payment is in default or delinquent for 10 or more days, is hereby increased from a charge not to exceed the greater of ten dollars ($10) or five percent of the scheduled payment in default to a charge not to exceed the greater of eighteen dollars ($18) or five percent of the scheduled payment in default. (Act 2007-281, p. 383, §1.)
AL Code § 5-18-16 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18 - Small Loans.|Section 5-18-16 - Duties of Licensees as to Making and Payment of Loans.

Section 5-18-16Duties of licensees as to making and payment of loans. (a) Copy of contract or statement; receipts; payment in advance; release of obligation and security. - Every licensee shall: (1) At the time a loan is made deliver to the borrower or, if there are two or more borrowers, to one of them a copy of the loan contract, executed by the borrower, in the English language showing in clear and distinct terms: a. The name and address of the lender and one of the primary obligors on the loan. b. The date of the loan contract. c. Schedule of installments or description thereof. d. The cash advance. e. The face amount of the note evidencing the loan. f. The amount collected or paid for insurance, if any. g. The amount collected or paid for filing or other fees allowed by this chapter. h. The collateral or security for the loan. (2) Give to the person making any cash payment on account of any loan a receipt at the time the payment is made which receipt need only show the total amount of the cash payment. No receipt shall be required in the case of payments made by the borrower's check or money order, and the use of a coupon book system shall be deemed in compliance with this section. (3) Permit the payment to be made in advance in any amount on any contract of loan at any time during a licensee's regular business hours. (4) Upon repayment of the loan in full, mark plainly every obligation and security signed by any obligor with the word "Paid" or "Cancelled," and release any mortgage, restore any pledge, and cancel and return any note and any assignment given to the licensee. (b) Confessions of judgment; incomplete instruments. -No licensee shall: (1) Take any confession of judgment or any power of attorney running to himself or herself or to any third person to confess judgment or to appear for the borrower in a judicial proceeding; nor (2) Take any note or promise to pay that does not disclose the total amount to be repaid, a schedule of payments or a description thereof and the agreed rate or aggregate amount of charge, nor any instrument in which blanks are left to be filled in after execution. (c) Installments. - Every loan contract shall provide for repayment of principal and charges at approximately equal periodic intervals of time, which shall be so arranged that no installment is substantially greater in amount than any preceding installment. (d) Confidential relationship or fiduciary duty not created by loan transaction. - Absent other factors, a loan transaction does not create a confidential relationship between the borrower and the licensee nor does it give rise to or create a fiduciary duty on the part of the licensee. (Acts 1959, No. 374, p. 966, §15; Acts 1996, No. 96-757, p. 1331, §1.)
AL Code § 5-18-17 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18 - Small Loans.|Section 5-18-17 - Insurance in Connection With Credit Transaction.

Section 5-18-17Insurance in connection with credit transaction. (a) With respect to any insurance written in connection with any credit transaction under this chapter, the creditor shall be subject to the same restrictions, prohibitions, powers, and allowances as any creditor bank, retail establishment, sales finance company, licensee, or any other creditor under Section 5-19-20, and shall be subject to the same rates and regulations promulgated pursuant to that section. (b) Insurance sold by a licensee or its agents shall be regulated by the Supervisor of the Bureau of Loans. All insurance shall be written by a company authorized to conduct business in the State of Alabama. (Acts 1959, No. 374, p. 966, §16; Acts 1979, No. 79-327, p. 490, §2; Acts 1996, No. 96-757, p. 1331, §1.)
AL Code § 5-18-18 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18 - Small Loans.|Section 5-18-18 - Charges, Rates, etc., as to Certain Loans.

Section 5-18-18Charges, rates, etc., as to certain loans. Licensees may charge to a borrower the rates permitted by this chapter only on principal loan balances less than one thousand dollars ($1,000). No licensee shall induce or permit any person, jointly or severally, to become obligated directly or contingently, or both, on more than one loan made pursuant to this chapter at the same time for the purpose of obtaining a higher finance charge than would otherwise be permitted by Section 5-18-15. If a licensee makes a loan of one thousand dollars ($1,000) or more, the charges authorized by this chapter shall not apply to any part of the loan. The rates on the entire amount of a loan of one thousand dollars ($1,000) or more shall be governed by the applicable provisions of Chapter 8 of Title 8 or Chapter 19 of this title. The supervisor may suspend or revoke the license of any licensee who violates this section in the manner prescribed by Section 5-18-9, and the penalties provided for in subsection (l) of Section 5-18-15 shall apply to any person, firm or corporation violating this section. (Acts 1959, No. 374, p. 966, §16 1/2 ; Acts 1979, No. 79-327, p. 490, §1; Act 2002-305, p. 863, §1.)
AL Code § 5-18-19 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18 - Small Loans.|Section 5-18-19 - Collection of Loans Made Outside State.

Section 5-18-19Collection of loans made outside state. Any loans made outside this state in accordance with the law applicable to such loan in the state in which the loan was made may be collected in this state. (Acts 1959, No. 374, p. 966, §17.)
AL Code § 5-18-20 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18 - Small Loans.|Section 5-18-20 - Review of Orders, etc., of Supervisor.

Section 5-18-20Review of orders, etc., of supervisor. In addition to any other remedy he may have, any licensee and any person considering himself aggrieved by any act or order of the supervisor under this chapter 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, petition the Circuit Court of Montgomery County for review of such act or order; provided, that such petition shall be docketed, heard and tried in the same manner as other extraordinary writs issued by the court and a copy of the petition and order setting the same for hearing shall be served on the supervisor, giving him such notice of the time and place of the hearing as may be directed by the court. (Acts 1959, No. 374, p. 966, §18.)
AL Code § 5-18-21 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18 - Small Loans.|Section 5-18-21 - Enforceability of Provisions and Agreements Which Violate Chapter; Liability of Licensee for Actual Damage.

Section 5-18-21Enforceability of provisions and agreements which violate chapter; liability of licensee for actual damage. Except where other specific remedies are provided in this chapter for violations, in which event those remedies shall apply, any provision of a loan contract which violates this chapter shall be unenforceable by the licensee to the extent, but only to the extent, of the violation, and the other remaining provisions and agreements shall be enforceable and shall not be void and shall not be affected by the violation. Except as set forth in subsection (l) of Section 5-18-15, any licensee who fails to comply with any requirement imposed under this chapter with respect to any person is liable to the person for the actual damage sustained by the person as the result of the failure. (Acts 1959, No. 374, p. 966, §19; Acts 1996, No. 96-757, p. 1331, §1.)
AL Code § 5-18-22 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18 - Small Loans.|Section 5-18-22 - Modification, Amendment or Repeal of Chapter.

Section 5-18-22Modification, amendment or repeal of chapter. This chapter or any part thereof may be modified, amended or repealed so as to effect a cancellation or alteration of any license or right of a licensee hereunder; provided, that such cancellation or alteration shall not impair or affect the obligation of any preexisting lawful contract between any licensee and any borrower. (Acts 1959, No. 374, p. 966, §20.)
AL Code § 5-18-23 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18 - Small Loans.|Section 5-18-23 - Maintenance of Listing of Licensees Doing Business in State; Public Access to Reports, Etc.

Section 5-18-23Maintenance of listing of licensees doing business in state; public access to reports, etc. (a) The supervisor shall cause to be kept on file in the Bureau of Loans, open to public inspection during business hours, an alphabetical listing of all licensees doing business in Alabama, and such list shall reveal the true ownership of the licensee companies. If the company is a corporation, the list shall indicate the name of the corporation, the address of the home office and the names and addresses of its officers and directors. (b) Except as provided in subsection (a) of this section, all applications, reports and other papers and documents submitted by licensees to the supervisor or to the bureau shall be open to public inspection only upon approval of the supervisor, but the supervisor shall not deny any person access to such records when the disclosure thereof to such person is in the public interest. (Acts 1959, No. 374, p. 966, §22.)
AL Code § 5-18A-1 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-1 - Short Title; Purpose.

Section 5-18A-1Short title; purpose. This chapter shall be known and may be cited as the "Deferred Presentment Services Act." The purpose of this chapter is to protect consumers who enter into short-term cash advances from abuses that occur in the marketplace. This chapter shall be liberally construed to effectuate its purpose as a consumer protection statute. (Act 2003-359, p. 992, §1.)
AL Code § 5-18A-2 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-2 - Definitions.

Section 5-18A-2Definitions. As used in this chapter, the following terms shall have the following meanings: (1) CHECK. A debit authorization or a check signed by the maker and made payable to a person licensed under this chapter. (2) CONTINUOUS TRANSACTION. To extend a deferred presentment transaction with the same account without redemption in full with cash or guaranteed funds. (3) DEFERRED PRESENTMENT SERVICES. A transaction pursuant to a written agreement involving the following combination of activities in exchange for a fee:  a. Accepting a check or authorization to debit a checking account and, in connection with that acceptance, advancing funds to the checking account holder.  b. Holding the check or authorization to debit checking account for a period of time prior to payment or deposit. (4) DEPARTMENT. The State Banking Department. (5) LICENSEE. A person licensed to provide deferred presentment services pursuant to this chapter. (6) PERSON. An individual, group of individuals, partnership, association, corporation, or any other business unit or legal entity.  (7) ROLLOVER. Any deferred presentment transaction where the transaction is not paid in full and the licensee agrees to allow the customer to pay the fee only for a new deferred presentment transaction. (8) SUPERVISOR. The Supervisor of the Bureau of Loans or his or her designee. (Act 2003-359, p. 992, §2.)
AL Code § 5-18A-3 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-3 - License - Required; Applicability.

Section 5-18A-3License - Required; applicability. (a) On or after January 1, 2004, no person shall engage in the business of deferred presentment services without having first obtained a license from the supervisor. A separate license shall be required for each location from which the business is conducted. (b) Trust companies, life insurance companies, and federally constituted agencies shall be exempt from licensing under this chapter. Notwithstanding anything to the contrary in this chapter, this chapter shall not apply to any of the following entities, and each of these entities shall be exempt from this chapter: Banks, credit unions, savings associations, savings banks, and thrift institutions organized pursuant to the laws of this state or any other state or the laws of the United States and any parent of any of the foregoing entities. (c) This chapter shall have no application to persons who do not engage in deferred presentment services. (Act 2003-359, p. 992, §3.)
AL Code § 5-18A-4 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-4 - License - Qualifications.

Section 5-18A-4License - Qualifications. (a) Each applicant for a license shall satisfy all of the following requirements to qualify for a license: (1) Have a financial statement showing that the applicant has at least twenty thousand dollars ($20,000) in unencumbered cash assets or its equivalent available for each location of the business prepared in accordance with standard accounting practices and procedures. (2) Have no record on the part of the applicant, any director, officer, or shareholder owning more than 25 percent of the applicant, of any court findings of fraud or any official suspension or removal by any agency or department of the United States or any state from participation in the conduct of any lending, deferred presentment, or related business. (3) Have no record of a conviction of a felony or an offense involving breach of trust, fraud, or dishonesty in any jurisdiction or a history of acting as a beneficial owner for an individual who has been convicted of a felony or an offense involving breach of trust, fraud, or dishonesty in any jurisdiction. (b) The requirements set forth in this section shall be continuing in nature.  (Act 2003-359, p. 992, §4.)
AL Code § 5-18A-5 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-5 - License - Application.

Section 5-18A-5License - Application. Each application for a license shall be in writing and under oath to the supervisor, in a form prescribed by the supervisor, and shall include the legal name, residence, business address, and telephone number of the applicant. If the applicant is a partnership, association, or corporation, the application shall include the name and address of every member, officer, and director. (Act 2003-359, p. 992, §5.)
AL Code § 5-18A-6 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-6 - License - Fees; Financial Statement.

Section 5-18A-6License - Fees; financial statement. Each application for a license shall be accompanied by all of the following: (1) A nonrefundable license fee of five hundred dollars ($500) for each location, office, or branch at which the applicant conducts business. The license fees are subject to increase by the supervisor through regulation. (2) A nonrefundable application investigation fee of one hundred dollars ($100). (3) A financial statement meeting the requirements of subdivision (1) of subsection (a) of Section 5-18A-4. (Act 2003-359, p. 992, §6.)