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5-2A-41
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...
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5-5A-1
Section 5-5A-1 Procedure for incorporation - Application for permit. (a) The proposed incorporators
of a bank shall execute and acknowledge an application for a permit in writing in the form
prescribed by the superintendent and shall file the same in the office of the State Banking
Department, which application shall be signed by all of the incorporators requesting a certificate
authorizing the proposed bank to transact business at the place, time and under the name stated
in said application. (b) At the time of filing said application, the applicant shall pay to
the superintendent a filing fee. (c) The application shall name at a minimum five directors,
and a majority of all directors shall be outside directors unless a written waiver is obtained
from the superintendent. A director shall be deemed to be an outside director if the director
will not serve as an officer, other than the chair, or an employee of the bank. (d) The application
shall name a chair, chief executive officer, a...
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19-3-120.1
Section 19-3-120.1 Investments in common trusts, collective investment funds, and interests
of investment companies and trusts. In addition to the investments authorized by Section 19-3-120,
by any other provision of law for the investment of funds held by a trustee, executor, administrator,
guardian, conservator or other fiduciary, or by the will, trust agreement or other document
which is the source of authority, such fiduciary, other than a trustee governed by Chapter
3B, may invest in and hold (1) interests, however evidenced, in any common trust fund or other
collective investment fund maintained by any national or state chartered bank, trust company
or savings and loan association having trust powers, or (2) securities of or other interests
in any open-end or closed-end management type investment company or investment trust registered
under the Investment Company Act of 1940, as from time to time amended, so long as the portfolio
of such common trust fund, collective investment...
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19-4-21
Section 19-4-21 Holding in bulk of securities constituting assets of different fiduciary accounts
authorized; registration of securities; maintenance of records as to fiduciary accounts; rules
and regulations governing banks; certification of securities held for fiduciary accounts.
(a) Notwithstanding any other provision of law to the contrary, any bank holding securities
as a fiduciary, as a cofiduciary or as a custodian or agent for another fiduciary or fiduciaries
is authorized, in the absence of specific provision to the contrary in the governing instrument
or court order under which the bank is acting, to hold such securities in a manner such that,
without certification as to ownership attached, certificates representing securities of the
same class of the same issuer and from time to time constituting assets of different fiduciary
accounts are held in bulk, including, to the extent feasible, the merging of certificates
of smaller denominations into one or more certificates of...
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19-4-41
Section 19-4-41 Deposit of treasury securities in federal reserve banks authorized; transfer
of ownership, etc., of securities; maintenance of records as to fiduciary accounts; rules
and regulations governing banks; certification of securities deposited for fiduciary accounts.
(a) Notwithstanding any other provision of law to the contrary, any bank holding treasury
securities as a fiduciary, as a cofiduciary or as a custodian or agent for another fiduciary
or fiduciaries is authorized, in the absence of specific provision to the contrary in the
governing instrument or court order under which the bank is acting, to deposit or arrange
for the deposit with the federal reserve bank in its district of such treasury securities
to be credited to one or more accounts on the books of said federal reserve bank in the name
of such bank to be designated trust or other accounts in accordance with rules and regulations
of the federal reserve bank, to which similar treasury securities deposited by...
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27-5B-15
Section 27-5B-15 Qualified U.S. financial institutions. (a) For purposes of subdivision (3)
of Section 27-5B-14, a qualified U.S. financial institution means an institution that meets
all of the following: (1) Is organized or, in the case of a U.S. office of a foreign banking
organization, licensed, under the laws of the United States or any state thereof. (2) Is regulated,
supervised, and examined by U.S. federal or state authorities having regulatory authority
over banks and trust companies. (3) Has been determined by either the commissioner or the
Securities Valuation Office of the National Association of Insurance Commissioners to meet
such standards of financial condition and standing as are considered necessary and appropriate
to regulate the quality of financial institutions whose letters of credit will be acceptable
to the commissioner. (b) A qualified U.S. financial institution means, for purposes of those
provisions of this law specifying those institutions that are eligible...
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40-16-1
Section 40-16-1 Definitions. For the purpose of this chapter, the following terms shall have
the respective meanings ascribed to them by this section: (1) FINANCIAL INSTITUTION. Any person,
firm, corporation, and any legal entity whatsoever doing business in this state as a national
banking association, bank, banking association, trust company, industrial or other loan company
or building and loan association, and such term shall likewise include any other institution
or person employing moneyed capital coming into competition with the business of national
banks, and shall apply to such person or institution regardless of what business form and
whether or not incorporated, whether of issue or not, and by whatsoever authority existing.
The common parent corporation of a controlled group of corporations eligible to elect to file
a consolidated excise tax return, in accordance with Section 40-16-3, shall be considered
a financial institution if such parent corporation is a registered bank...
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45-44-40
Section 45-44-40 Branch banking. Any bank, either incorporated or unincorporated, which is
established in Macon County, shall have the power to establish, to maintain, and to operate
within the same city or town or within other communities, one or more branches or branch banks,
branch offices, branch agencies, additional offices, or branch places of business for the
receipt of deposits, payment of checks, lending of money, and the conduct of a general banking
business, provided that such bank, before establishment of any such branch or branches, shall
first secure the written consent of the State Superintendent of Banks or the Comptroller of
the Currency, as the case may require. (Act 79-230, p. 355, § 1.)...
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5-13B-2
Section 5-13B-2 Definitions. For purposes of this article: (a) "Acquire" means: (1)
For a company to merge or consolidate with a bank holding company; (2) For a company to assume
direct or indirect ownership or control of: (I) More than 25 percent of any class of voting
shares of a bank holding company or a bank, if the acquiring company was not a bank holding
company prior to such acquisition; (II) More than five percent of any class of voting shares
of a bank holding company or a bank, if the acquiring company was a bank holding company prior
to such acquisition; or (III) All or substantially all of the assets of a bank holding company
or a bank; or (3) For a company to take any other action that results in the direct or indirect
acquisition of control by such company of a bank holding company or a bank; however, formation
of a de novo bank pursuant to Chapter 5A of this title is not an acquisition for purposes
of this article. (b) "Affiliate" has the meaning set forth in Section...
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5-13B-93
Section 5-13B-93 Representative office - Revocation of license. The superintendent, after notice
and opportunity for a hearing, may revoke a license to establish and maintain an Alabama representative
office if he or she finds: (1) The foreign bank has violated any provision of this article
or any other law, rule, or regulation of this state; or (2) Any fact or condition exists which,
if it had existed at the time of the foreign bank's original application for such license,
would have resulted in the superintendent's refusal to issue such license to the foreign bank.
(Acts 1995, No. 95-115, p. 134, §41.)...
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