reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-13 - Acquisition of Air Rights, Easements, Etc.

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.)
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.

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.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-15 - Relation of Airport Zoning Regulations to Comprehensive Zoning Regulations.

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.)
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.

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.)
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.

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.)
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.

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.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 9 - Helicopter Pilots Association. › Section 4-9-1 - Established.

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.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 9 - Helicopter Pilots Association. › Section 4-9-2 - Powers and Duties of Board of Directors Generally.

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.)
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.

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.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 9 - Helicopter Pilots Association. › Section 4-9-4 - Helicopter Pilots Education and Instruction Fund.

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.)
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.

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.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 9 - Helicopter Pilots Association. › Section 4-9-6 - Supervision of Association by State Superintendent of Education.

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.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 9 - Helicopter Pilots Association. › Section 4-9-7 - Appointment, etc., of Board of Special Directors.

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.)
2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 1A - General Provisions. › Section 5-1A-1 - Short Title.

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.)
2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 1A - General Provisions. › Section 5-1A-2 - Definitions.

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.)
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.

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.)
2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 1A - General Provisions. › Section 5-1A-4 - Restrictions on Engaging in Banking Business.

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.)
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.

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.)
2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 1A - General Provisions. › Section 5-1A-6 - Inconsistent Provisions in Other Laws Superseded.

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.)
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.

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.)
2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 1A - General Provisions. › Section 5-1A-8 - Effect of Repeal of Prior Acts.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 2A - State Banking Department. › Article 2 - Banking Board. › Section 5-2A-43 - Quorum.

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.)
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.

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.)
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.

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.)
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.

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.)