Article 1 General Provisions 5-2A-1 – 5-2A-24
Article 2 Banking Board 5-2A-40 – 5-2A-45
Article 3 Bureau of Savings and Loan 5-2A-60 – 5-2A-63
Article 4 Bureau of Loans 5-2A-80 – 5-2A-83
Article 5 Bureau of Credit Unions 5-2A-100 – 5-2A-103

Terms Used In Alabama Code > Title 5 > Chapter 2A

  • ACCOUNT HOLDER: A first-time and second chance home buyer who establishes, individually or jointly with another first-time and second chance home buyer, a first-time and second chance home buyer savings account. See Alabama Code 24-11-3
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • ADJOINING COUNTY: A county the boundary of which abuts either land on which the establishing county has established a park or recreational area or land which the establishing county has designated for the establishment thereon of a park or recreational area. See Alabama Code 11-18-20
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • ADVISORY COMMITTEE: The Alabama Housing Trust Fund Advisory Committee. See Alabama Code 24-10-2
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • affiliate: With respect to any lender, any person, firm or corporation controlled by, or under common control with, such lender, and any person, firm or corporation controlling such lender. See Alabama Code 2-3A-2
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • AGRICULTURAL OPERATIONS: Farming, ranching, the production of agricultural commodities (including, without limitation, the products of aquaculture and silvaculture) or the treating, processing, storing, manufacturing, marketing, distribution or exporting of agricultural commodities; provided, however, that such term shall not include any operation the principal purpose of which is the selling at retail of agricultural commodities or related products; provided, further, that costs of agricultural operations shall specifically include, but not be limited to, costs of acquiring and improving real and personal property, repairs, annual operating expenses, family living expenses and refinancing of debt incurred for any such costs. See Alabama Code 2-3A-2
  • ALABAMA HOUSING TRUST FUND: The trust fund created pursuant to Section 24-10-4. See Alabama Code 24-10-2
  • ALLOWABLE CLOSING COSTS: A disbursement listed on a settlement statement for the purchase of a single-family residence in Alabama by a first-time and second chance home buyer. See Alabama Code 24-11-3
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • association: as used in this article , shall refer to agricultural cooperative marketing associations and other organizations, whether incorporated or not, which have for their objects engaging in activities similar to those of a cooperative marketing association. See Alabama Code 2-10-20
  • authority: A public corporation organized pursuant to this chapter. See Alabama Code 11-101A-2
  • authority: The public corporation organized pursuant to the provisions of this article. See Alabama Code 2-3A-2
  • AUTHORIZING SUBDIVISION: Each county and municipality with the governing body of which an application for the incorporation of an authority under this chapter is filed. See Alabama Code 11-101A-2
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • bingo: The game, commonly known as bingo, where numbers or symbols on a card are matched with numbers or symbols selected at random. See Alabama Code 45-35-150
  • BINGO SESSION: A consecutive period of time not to exceed five consecutive hours during which bingo is played in a given day and not to exceed one day in a given week. See Alabama Code 45-35-150
  • board: The State Board of Agriculture and Industries. See Alabama Code 2-8-350
  • board: The board of directors of an authority. See Alabama Code 11-101A-2
  • board: The board of directors of the authority. See Alabama Code 2-3A-2
  • board: The State Board of Agriculture and Industries. See Alabama Code 2-8-310
  • bonds: Bonds, notes, certificates, bond, grant or revenue anticipation notes or any other evidence of indebtedness representing an obligation to pay money. See Alabama Code 2-3A-2
  • budget year: shall mean the fiscal year for which any particular budget is adopted and in which it is administered. See Alabama Code 11-43A-29
  • Chambers: A judge's office.
  • Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • code: The Code of Alabama 1975. See Alabama Code 11-101A-2
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 2-8-310
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 2-8-350
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • contribution: A tangible or intangible benefit that a person transfers to an entity in consideration for an ownership interest in the entity or otherwise in the person's capacity as an owner or a member. See Alabama Code 10A-1-1.03
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 2-1-1
  • county: Any county in the state. See Alabama Code 11-101A-2
  • county: Each county in the state. See Alabama Code 11-9-20
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • department: The Department of Agriculture and Industries. See Alabama Code 2-8-350
  • department: The Department of Agriculture and Industries. See Alabama Code 2-8-381
  • department: The State Department of Revenue. See Alabama Code 45-33-243
  • department: Alabama Department of Revenue. See Alabama Code 24-11-3
  • Dependent: A person dependent for support upon another.
  • dependents: The spouse, children, or other dependents of the retired employee, as defined by and covered under the documents governing the governmental entities' benefit plans that provide post-employment benefits. See Alabama Code 11-104-2
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • director: A member of the board of the authority. See Alabama Code 2-3A-2
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Donor: The person who makes a gift.
  • ELIGIBLE COSTS: The down payment and allowable closing costs for the purchase of a single-family residence in Alabama by a first-time and second chance home buyer. See Alabama Code 24-11-3
  • employee: Any person who is an employee of any governmental entity located in the state who may become eligible for post-employment benefits from the governmental entity. See Alabama Code 11-104-2
  • employer: Any governmental entity that sponsors, in whole or in part, post-employment benefits. See Alabama Code 11-104-2
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • ESTABLISHING COUNTY: A county, the county commission of which has provided for the establishment of a park or recreational area or has designated land for the establishment thereon of a park or recreational area. See Alabama Code 11-18-20
  • Ex officio: Literally, by virtue of one's office.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • FEDERAL SECURITIES: Direct obligations of the United States of America for the payment of which the full faith and credit of the United States of America is pledged, or obligations issued by a person controlled or supervised by and acting as an instrumentality of the United States of America, the payment of the principal of, premium, if any, and interest on which is fully and unconditionally guaranteed as a full faith and credit obligation by the United States of America. See Alabama Code 11-101A-2
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • FINANCIAL INSTITUTION: Any bank, savings institution, industrial loan association, credit union, or other similar entity authorized to do business and accept deposits in Alabama. See Alabama Code 24-11-3
  • FIRST-TIME AND SECOND CHANCE HOME BUYER: An individual who resides in Alabama and has not owned or purchased, either individually or jointly, a single-family residence during a period of ten years prior to the date of the purchase of a single-family residence. See Alabama Code 24-11-3
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • gasb: The Governmental Accounting Standards Board. See Alabama Code 11-104-2
  • GOVERNING BODY: With respect to a county, its county commission or other like governing body, and with respect to a municipality, its city or town council, board of commissioners, or other like governing body. See Alabama Code 11-101A-2
  • GOVERNING BODY: The county commission of a county. See Alabama Code 11-9-20
  • GOVERNING BODY: The board or body in which the general legislative powers of a municipality or county are vested; provided, that this division shall not authorize any county, city or town to construct an undertaking provided for in paragraph (1) a of this section in any city or town or in any portion of a county which is then adequately served by a like undertaking or undertaking performing the proposed service; provided further, that nothing contained in this division shall authorize the construction or operation of an undertaking for the purpose of manufacturing ice for sale at retail or for retail to the public. See Alabama Code 11-81-140
  • GOVERNMENTAL ENTITY: Any political subdivision of the state, any department, agency, board, commission, or authority of any such political subdivision, or any public corporation, authority, agency, instrumentality, board, commission, state college, university, or other governmental entity controlled by or otherwise associated with any political subdivision. See Alabama Code 11-104-2
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • grower: Any person, business entity, or cooperative licensed to grow industrial hemp by the department or an institution of higher education pursuant to this article. See Alabama Code 2-8-381
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • HEMP PRODUCTS: Any and all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and seed for cultivation if the seeds originate from industrial hemp varieties. See Alabama Code 2-8-381
  • indenture: A mortgage, mortgage indenture, mortgage and trust indenture, or trust indenture executed by an authority as security for any of its securities. See Alabama Code 11-101A-2
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • INSTITUTION OF HIGHER EDUCATION: A postsecondary institution, as defined in 20 U. See Alabama Code 2-8-381
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • juries: include courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law. See Alabama Code 1-1-1
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • Law clerk: Assist judges with research and drafting of opinions.
  • law enforcement officer: shall mean and include a policeman, policewoman, and other official who has authority to make arrests and who is employed by any municipality in the state as a permanent and regular employee for and subject to law enforcement duties, but it does not include any person elected by popular vote. See Alabama Code 11-43-181
  • law enforcement officer: shall mean an official who is certified by the Alabama Peace Officers' Standards and Training Commission who has authority to make arrests and who is employed by any municipality in the state as a permanent and regular employee with law enforcement duties, including police chiefs and deputy police chiefs. See Alabama Code 11-43-231
  • lender: Any federal or state chartered bank, federal land bank, production credit association, bank for cooperatives, federal or state chartered savings and loan association or building and loan association, small business investment company or any other institution qualified within this state to originate and service loans, including, but without limitation to, insurance companies, credit unions and mortgage loan companies. See Alabama Code 2-3A-2
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 10A-1-1.03
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • location: A single building, hall, enclosure, or outdoor area used for the purpose of playing bingo pursuant to a permit issued under this article. See Alabama Code 45-35-150
  • member: A person reflected in the required records of a limited liability company as the owner of some governance rights of a membership interest in the limited liability company. See Alabama Code 10A-5-1.02
  • municipality: An incorporated city or town of the state. See Alabama Code 11-101A-2
  • municipality: A municipal corporation in the state. See Alabama Code 11-9-20
  • municipality: Such term shall include any incorporated city or town in the state. See Alabama Code 11-81-140
  • oath: includes affirmation. See Alabama Code 1-1-1
  • Oath: A promise to tell the truth.
  • OPERATING AGREEMENT: A written agreement of the member or members governing the affairs of a limited liability company and the conduct of its business. See Alabama Code 10A-5-1.02
  • Oversight: Committee review of the activities of a Federal agency or program.
  • PERMIT HOLDER: A qualified organization or qualified club which has a permit pursuant to this article. See Alabama Code 45-35-150
  • person: Any individual, firm, partnership, corporation, association, or any combination thereof. See Alabama Code 45-33-243
  • person: Unless limited to a natural person by the context in which it is used, a person, corporation, association, partnership or cooperative. See Alabama Code 2-3A-2
  • person: Any human being, corporation, association, or other legal entity. See Alabama Code 45-35-150
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • POST-EMPLOYMENT BENEFITS: Non-pension benefits sponsored in whole or in part by a governmental entity and paid in whole or in part by a governmental entity on behalf of retired employees or their dependents after separation from service in accordance with the terms of the relevant plan providing such benefits. See Alabama Code 11-104-2
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments thereto, the bylaws, and the minutes of the proceedings of the board of an authority are kept. See Alabama Code 11-101A-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • producer: Any person engaging in the business of severing pit run sand, clay, sand-gravel, clay-gravel, sand-clay, and gravel from the soil within Hale County. See Alabama Code 45-33-243
  • project: Any land and any buildings or other improvements thereon and all real and personal properties deemed necessary in connection therewith, whether or not now in existence, which shall be suitable for use by the United States. See Alabama Code 11-101A-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • purchaser: Any person acquiring title, outright or conditionally, to any interest in severed pit run sand, clay, sand-gravel, clay-gravel, sand-clay, and gravel. See Alabama Code 45-33-243
  • QUALIFIED CLUB: A private club with annual membership dues of five hundred dollars ($500) or more per membership. See Alabama Code 45-35-150
  • QUALIFIED ORGANIZATION: A bona fide religious, educational, service, senior citizens, fraternal, or veterans' organization which qualifies as an exempt organization under Section 501(c) of the Internal Revenue Code and operates without profit to its members and which has been in existence continuously as that organization for a period of five years and which has owned real property in Houston County for at least five years immediately prior to making application for operating bingo in Houston County. See Alabama Code 45-35-150
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • RETIRED EMPLOYEE: A former employee of a governmental entity who is eligible for post-employment benefits from the governmental entity. See Alabama Code 11-104-2
  • securities: Bonds, notes, warrants, certificates of indebtedness, or other evidences of indebtedness, including, without limiting the generality of the foregoing, notes issued in anticipation of the sale of any of the foregoing. See Alabama Code 11-101A-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • SETTLEMENT STATEMENT: The statement of receipts and disbursements for a transaction related to real estate, including a statement prescribed under the Real Estate Settlement Procedures Act of 1974, 12 U. See Alabama Code 24-11-3
  • severing: Cutting, mining, stripping, or otherwise taking or removing from the soil within Hale County. See Alabama Code 45-33-243
  • SHEEP OR GOAT PRODUCER: Any person residing in Alabama, any Alabama corporation, or Alabama legal business entity that owns or has a financial investment in sheep or goats located in Alabama. See Alabama Code 2-8-310
  • SINGLE-FAMILY RESIDENCE: A single-family residence owned and occupied by a first-time and second chance home buyer as the first-time and second chance home buyer's principal residence, which may also include a manufactured home, trailer, mobile home, condominium unit, or cooperative. See Alabama Code 24-11-3
  • SIXTY PERCENT OF MEDIAN FAMILY INCOME: A person or persons living together whose annual income or incomes do not exceed 60 percent of the median family income of a geographic area, as determined by the U. See Alabama Code 24-10-2
  • state: The State of Alabama. See Alabama Code 11-101A-2
  • state: The State of Alabama. See Alabama Code 11-104-2
  • state: The State of Alabama. See Alabama Code 11-9-20
  • state: The State of Alabama. See Alabama Code 2-3A-2
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 1-1-1
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • ton: A short ton of 2,000 pounds. See Alabama Code 45-33-243
  • transporter: Any person transporting pit run sand, clay, sand-gravel, clay-gravel, sand-clay, and gravel from the place where it is severed or from any other place to any other place, within or without Hale County. See Alabama Code 45-33-243
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • True bill: Another word for indictment.
  • trust: Any single-employer or multiple-employer trust or fund established for the purpose of funding post-employment benefits and includes, but is not limited to, an Internal Revenue Code Section 115 trust, 26 U. See Alabama Code 11-104-2
  • trustee: The trustee of a trust. See Alabama Code 11-104-2
  • undertaking: Such term shall include all of the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed:

    a. See Alabama Code 11-81-140

  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • WATERWORKS SYSTEM: Facilities for the gathering, collecting, impounding, treatment, transmission and distribution or any of them of water for domestic use or for industrial use or both, together with all appurtenances to any such facilities and all property used or useful in connection with such facilities, including franchises. See Alabama Code 11-9-20
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.