Code of Alabama

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5-10A-15
Section 5-10A-15 Authorization and approval of reorganization of bank without receivership
liquidation. The superintendent with the concurrence of not less than two other members of
the Banking Board or any three members of the Banking Board without action by said superintendent
are hereby further authorized and empowered to approve and authorize any bank to reorganize
its business and affairs, without receivership liquidation, to such extent as may be deemed
by them proper, and any reorganization so approved and authorized shall be lawful and effective;
provided, that in no case shall the paid-in capital stock be permitted thereby to be reduced
below the minimum amount now required by law. (Acts 1980, No. 80-658, §5-10-16.)...
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5-10A-1
Section 5-10A-1 Authorization or direction of banks to postpone paying liabilities, segregate
deposits and assets, renew loans, etc. The superintendent with the concurrence of not less
than two other members of the Banking Board, or any three members of the Banking Board without
action by said superintendent, are hereby authorized and empowered, in addition to all other
powers now conferred by law upon the superintendent or the Banking Board, or both, whenever
in their judgment the circumstances warrant it, to authorize or direct any and all banks:
(1) To postpone for any length of time the payment of any proportion of deposit or other liabilities,
demand and savings account liabilities and certificate of deposit liabilities to any individual,
firm, corporation or entity as said state officials may deem necessary and expedient, to be
determined by them according to any facts and conditions which in their opinion, for emergency
or other reasons, require such action in each particular...
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5-5A-22
Section 5-5A-22 Limits of indebtedness. (a) No bank shall make a loan to any one person which,
when combined with all other loans to such person, would cause total loans to that person
to exceed: (1) Ten percent of the capital accounts of the bank, if such loans are not secured,
or (2) Twenty percent of the capital accounts of the bank, if loans in excess of 10 percent
of capital are fully secured. (b) No loans which would exceed the limitation set forth in
subsection (a)(1) shall be made unless duly authorized or approved in advance by the board
of directors of the bank, a committee of the board of directors of the bank, or a loan committee,
with such authorization or approval recorded in minutes of the meeting at which the authority
was given. (c)(1) As used in this section, the term "capital accounts" shall include
capital, surplus, and undivided profits as defined in Section 5-1A-2, together with obligations
of the bank subordinated in priority upon liquidation or dissolution to...
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5-13B-6
Section 5-13B-6 Standards for approval. (a) In deciding whether to approve an application for
a proposed acquisition under this article, the superintendent shall consider whether the acquisition
may: (1) Be detrimental to the safety and soundness of the Alabama state bank or the Alabama
bank holding company ; (2) Result in a substantial reduction of competition in this state;
or (3) Have a significantly adverse effect on the convenience and needs of the community or
communities in this state that are served by the Alabama state bank or the Alabama bank holding
company to be acquired. (b) Except as otherwise expressly provided in this section, the superintendent
shall not approve an acquisition under this article if upon consummation of the transaction
the applicant, including any depository institution affiliated with the applicant, would control
30 percent or more of the total amount of deposits held by depository institutions in this
state. (c) The superintendent may by regulation,...
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1-3-8
Section 1-3-8 Holidays enumerated; personal leave days; state holidays observed by closing
of state offices; compensatory leave days. (a) Sunday, Christmas Day, New Year's Day, Martin
Luther King, Jr.'s birthday, Robert E. Lee's birthday, George Washington's birthday, Thomas
Jefferson's birthday, Confederate Memorial Day, National Memorial Day, Jefferson Davis' birthday,
the Fourth day of July, Labor Day, Columbus Day and Fraternal Day, Veterans' Day, American
Indian Heritage Day, and the day designated by the Governor for public thanksgiving shall
each be deemed a holiday. If any holiday falls on Sunday, the following day is the holiday.
If any holiday falls on Saturday, the preceding day is the holiday. Veterans' Day shall be
observed by the closing of all state, county, and municipal offices, all banks located within
this state, and the public schools on such day. Public schools, grades K to 12, inclusive,
and all public two-year institutions of higher education shall also be closed...
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5-10A-13
Section 5-10A-13 Issuance and reissuance of script, clearinghouse certificates or emergency
currency. The superintendent with the concurrence of not less than two other members of the
Banking Board, or any three members of the Banking Board without action by said superintendent
may from time to time authorize any bank singly or by groups, to issue and reissue from time
to time script, certificates, clearinghouse certificates or emergency currency in such form,
under such restrictions and conditions, entitled to such lien on specific security therefor
or without such lien and entitled to such rights and privileges as said state officials may
authorize, approve or direct. The issue and reissue thereof shall be lawful and subject to
no civil or criminal penalties or interest charges or taxation or additions of any kind thereto,
notwithstanding any contrary provisions of the laws of this state. (Acts 1980, No. 80-658,
§5-10-14.)...
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5-10A-2
Section 5-10A-2 Promulgation of rules and regulations; requirements of reports, etc., generally.
The superintendent with the concurrence of not less than two members of the Banking Board,
or any three members of the Banking Board without action by said superintendent may authorize
and empower any bank to act under the provisions of this chapter, and they are empowered to
make and adopt such rules and regulations from time to time and to extend, modify, suspend
or terminate any part thereof from time to time as they may deem proper for the protection
of interested parties and to require such periodical and other reports in detail with respect
to operation under such rules and regulations as they may see fit. (Acts 1980, No. 80-658,
§5-10-2.)...
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5-10A-3
Section 5-10A-3 Declaration of banking holidays; promulgation of emergency rules or regulations.
Whenever, in the opinion of the superintendent it shall be deemed that an emergency exists,
the superintendent with the concurrence of not less than two other members of the Banking
Board, or any three members of the Banking Board without action by said superintendent, shall
be authorized to declare and put into effect a bank holiday for such period as he or they
may deem necessary or to promulgate or approve such emergency rules or regulations with respect
to banking business, practices and transactions within the state or within any community or
locality therein as shall, in his or their opinion, be deemed necessary. Such rules and regulations
shall continue in force for such period as may be fixed by him or them in promulgating the
same and until modified, suspended or terminated as provided in this chapter. (Acts 1980,
No. 80-658, §5-10-3.)...
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5-13B-42
Section 5-13B-42 General regulation authority. The superintendent, with the concurrence of
a majority of the members of the State Banking Board, is authorized and empowered to issue
such rules, regulations, and orders as the superintendent may deem necessary in order to perform
his or her duties and functions under this article and to administer and carry out the provisions
and purposes of this article and to prevent evasions thereof. (Acts 1995, No. 95-115, p. 134,
§24.)...
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5-2A-8
Section 5-2A-8 Superintendent - Promulgation and interpretation of regulations. The superintendent
may, with the concurrence of a majority of the members of the State Banking Board or as otherwise
provided in this title, promulgate such reasonable regulations, consistent with the laws of
this state, as may be necessary to carry out the provisions of this title over which the State
Banking Department has jurisdiction. The superintendent shall, in addition, issue written
interpretations of banking laws and regulations. Any bank or bank holding company and any
officer or director thereof relying on any regulation or interpretation shall be fully protected
even though the same shall be thereafter ruled invalid for any reason by a court of competent
jurisdiction. (Acts 1980, No. 80-658, p. 1259, §5-2-10; Acts 1985, No. 85-457, p. 425, §3;
Acts 1995, No. 95-115, p. 134, §69; Act 2013-352, p. 1261, §1.)...
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