Article XIII, Alabama Constitution

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Alabama Constitution
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Article XIII of the Alabama Constitution is entitled Banks and Banking and consists of nine sections.

Section 247

Text of Section 247:

Authority of Legislature Restricted

The legislature shall not have the power to establish or incorporate any bank or banking company or moneyed institution for the purpose of issuing bills of credit or bills payable to order or bearer, except under the conditions prescribed in this Constitution.[1][2]


Section 248

Text of Section 248:

Banking Laws to Be General; Specie Basis; Authority of Banks to Issue Bills to Circulate as Money

No bank shall be established otherwise than under a general banking law, nor other than upon a specie basis; provided, that any bank may be established with authority to issue bills to circulate as money in an amount equal to the face value of bonds of the United States, or of this state, convertible into specie at their face value, which shall, before such bank is authorized to issue its bills for circulation, be deposited with the state treasurer or other depository prescribed by law, in an amount equal to the aggregate of such proposed issue, with power in such treasurer or depository to dispose of any or all of such bonds for a sufficient amount of specie to redeem the circulating notes of such bank at any time and without delay, should such bank suspend specie payment or fail to redeem its notes on demand.[1][2]

Amendment 248 of the Alabama Constitution was repealed by Amendment 873.

Section 249

Text of Section 249:

Bills or Notes Issued as Money Redeemable in Gold or Silver; Laws Not to Sanction Suspension of Specie Payments

All bills or notes issued as money shall be at all times redeemable in gold or silver, and no law shall be passed sanctioning directly or indirectly the suspension by any bank or banking company of specie payment.[1][2]

Amendment 249 of the Alabama Constitution was repealed by Amendment 873.

Section 250

Text of Section 250:

Preference of Certain Creditors in Case of Insolvency of Bank

Holders of bank notes, and depositors who have not stipulated for interest, shall, for such notes and deposits, be entitled in case of insolvency, to preference of payment over all other creditors; provided, this section shall apply to all banks, whether incorporated or not.[1][2]


Section 251

Text of Section 251:

Termination of Business

Every bank or banking company shall be required to cease all banking operations within twenty years from the time of its organization, unless the time be extended by law, and promptly thereafter close its business; but after it has closed its business it shall have corporate capacity to sue and shall be liable to suits until its affairs and liabilities are fully closed.[1][2]

Amendment 251 of the Alabama Constitution was repealed by Amendment 873.


Section 252

Text of Section 252:

Maximum Rate of Interest

No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals for lending money.[1][2]

Amendment 252 of the Alabama Constitution was repealed by Amendment 873.

Section 253

Text of Section 253:

State and Political Subdivisions Thereof Not to Be Stockholders in Banks or Lend Credit Thereto

Neither the state nor any political subdivision thereof, shall be a stockholder in any bank, nor shall the credit of the state or any political subdivision thereof be given or lent to any banking company, association, or corporation.[1][2]

Amendment 253 of the Alabama Constitution was repealed by Amendment 873.

Section 254

Text of Section 254:

Examination of Banks by Public Officers; Semiannual Reports by Banks

The legislature shall by appropriate laws provide for the examination, by some public officer, of all banks and banking institutions and trust companies engaged in banking business in this state; and each of such banks and banking companies or institutions shall, through its president, or such other officer as the legislature may designate, make a report under oath of its resources and liabilities at least twice a year.[1][2]

Amendment 254 of the Alabama Constitution was repealed by Amendment 873.

Section 255

Text of Section 255:

Applicability of Article

The provisions of this article shall apply to all banks except national banks, and to all trust companies and individuals doing a banking business, whether incorporated or not.[1][2]

Amendment 255 of the Alabama Constitution was repealed by Amendment 873.

See also

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External links

Suggest a link

Additional reading


  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 Alabama State Legislature, "Alabama Constitution," accessed March 25, 2014
  2. 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.