Code of Alabama

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5-13B-113
Section 5-13B-113 Suspension or revocation of license; factors. If, after notice and a hearing,
the superintendent finds any of the following with respect to a foreign bank which is licensed
to establish and maintain an Alabama state branch or Alabama state agency, he or she may issue
an order suspending or revoking the license of such foreign bank: (1) That the foreign bank
has violated any provision of this article or of any regulation or order issued under this
article or any provision of any other applicable law, regulation, or order; (2) That the foreign
bank is transacting activities in this state in an unsafe or unsound manner or, in any case,
is transacting activities elsewhere in an unsafe or unsound manner; (3) That the foreign bank
or any one or more of its Alabama state branches or Alabama state agencies is in an unsafe
or unsound condition; (4) That the foreign bank has ceased to operate any of its offices in
this state without the prior approval of the superintendent in...
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5-13B-22
Section 5-13B-22 Establishment of interstate branches by acquisition or merger; branching.
With the prior approval of the superintendent, an Alabama state bank may establish, maintain,
and operate one or more branches in a state other than Alabama or a foreign country on a de
novo basis, by acquisition of a branch, or pursuant to an interstate merger transaction in
which the Alabama state bank is the resulting bank. For an interstate merger transaction and
not later than the date on which the required application for the interstate merger transaction
is filed with the responsible federal bank supervisory agency, the applicant Alabama state
bank shall file an application on a form prescribed by the superintendent and pay the fee
prescribed by the superintendent. The applicant shall also comply with the applicable provisions
of Alabama law governing mergers of Alabama state banks. If the superintendent finds that
(1) the proposed interstate merger transaction will not be detrimental to...
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5-13B-131
Section 5-13B-131 Establishment of interstate branches in this state by out-of-state foreign
banks. (a) Except as provided in subsection (b), an out-of-state foreign bank may establish
an interstate Alabama state branch in the same manner, including by merger or other transactions
under Section 44 of the Federal Deposit Insurance Act, and comparable provisions of the laws
of this state, with Alabama banks or other institutions, as, and subject generally to the
same criteria, standards, conditions, requirements, and procedures applicable to the establishment
of interstate branches in this state by, an out-of-state bank having the same home state in
the United States, notwithstanding any provision of the laws or regulations of this state
to the contrary. (b) Notwithstanding the provisions of subsection (a), the superintendent:
(1) Shall apply to the establishment of an initial interstate Alabama state branch, and subsequent
intrastate Alabama branches, of any out-of-state foreign bank...
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5-13B-104
Section 5-13B-104 Reports. (a) Each foreign bank which is licensed to establish and maintain
an Alabama state branch, Alabama state agency, or Alabama representative office shall file
with the superintendent such reports as and when the superintendent may require by regulation
or order. (b) Each report filed with the superintendent under this article or under any regulation
or order issued under this article shall be in such form and contain such information, shall
be signed in such manner, and shall be verified in such manner, as the superintendent may
require by regulation or order. (Acts 1995, No. 95-115, p. 134, §52.)...
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5-13B-114
Section 5-13B-114 Immediate suspension or revocation. If the superintendent finds that any
of the factors set forth in Section 5-13B-113 are true with respect to any foreign bank which
is licensed to maintain an Alabama state branch or Alabama state agency and that it is necessary
for the protection of the interests of creditors of the foreign bank's business in this state
or, in any case, for the protection of the public interest that the superintendent immediately
suspend or revoke the license of the foreign bank, the superintendent may issue, without notice
or hearing, an order suspending or revoking the license of the foreign bank for a period of
up to 90 days, pending investigation or hearing. (Acts 1995, No. 95-115, p. 134, §62.)...

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5-13B-102
Section 5-13B-102 Examination; payment of fees. (a) An Alabama state branch, Alabama state
agency, or Alabama representative office shall be subject to examination by the superintendent
at such intervals and in such a manner as he or she shall establish by regulation or order.
(b) In conducting an examination pursuant to this section, the superintendent shall: (1) Have
full access to the offices, books, accounts, and records of each office located in this state,
as well as all of the books, accounts, and records maintained in this state of any office
not located in this state of such foreign bank; and (2) Have authority to require the attendance
of and to examine under oath all persons whose testimony may be required relative to the activities
of such office. (c) A foreign bank which is licensed to establish and maintain an Alabama
state branch, Alabama state agency, or Alabama representative office shall be assessed a reasonable
fee for the expenses incurred by the superintendent in...
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5-13B-86
Section 5-13B-86 Powers of branch and agency. (a) Except as otherwise specifically provided
in this division or in regulations or orders adopted by the superintendent, and notwithstanding
any other law or regulation of this state to the contrary, operations of a foreign bank at
an Alabama state branch or Alabama state agency shall be conducted with the same rights, privileges,
and powers as an Alabama state bank at the same location, including, but not limited to, the
eligibility to exercise fiduciary or trust powers, and shall be subject to all the same duties,
restrictions, penalties, liabilities, conditions, and limitations that would apply under the
laws of this state to an Alabama state bank doing business at the same location. (b) Among
other exceptions to the provisions of subsection (a) that may be required or authorized by
the superintendent pursuant to the provisions of this division: (1) An Alabama state branch
that was not grandfathered as an "insured branch" within the...
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5-5A-20
Section 5-5A-20 Branch banks; commercial affiliates. (a) Alabama banks may establish a branch
or office for the transaction of the banking business within the State of Alabama upon prior
approval of the superintendent. Alabama banks may establish a branch or office for the transaction
of a banking business in any state other than Alabama, any territory of the United States,
or in any foreign country in accordance with the provisions of federal law, the laws of the
other state, territory, or foreign country and upon the prior approval of the superintendent.
(b) All laws or parts of laws, whether general, local, or general laws of local applications,
which conflict with this section are hereby repealed to the extent of such conflict. (c) Neither
an Alabama bank nor an out-of-state bank may establish or maintain a branch or office for
the transaction of the banking business in Alabama on the premises of a commercial affiliate
of the bank. For purposes of this section, commercial affiliate...
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5-13B-90
Section 5-13B-90 Representative office - Application. (a) The application for a license to
establish and maintain an Alabama representative office shall be in writing under oath and
shall be in such form and contain such information as the superintendent may require by regulation
or order. The application shall be accompanied by a reasonable fee as the superintendent may
establish by regulation. (b) The superintendent shall require a foreign bank to include as
part of its application to establish and maintain an Alabama representative office an instrument
irrevocably appointing the superintendent and his or her successors in office to be such foreign
bank's agent, representative, and attorney to receive service of any lawful process in any
proceeding against such foreign bank or any of its successors which arises out of a transaction
with its Alabama representative office, with the same force and validity as if served on the
foreign bank or its successor, as the case may be. Such...
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5-13B-98
Section 5-13B-98 Filing of amendments to articles of incorporation. A foreign bank which is
licensed to maintain an Alabama state branch or Alabama state agency, whenever its articles
of incorporation are amended, shall forthwith file in the office of the superintendent a copy
of such amendment duly authenticated by the proper officer of the country of such foreign
bank's organization, but the filing thereof may not of itself enlarge or alter the purpose
or purposes for which such foreign bank is authorized to pursue in the transaction of its
business in this state, nor authorize such foreign bank to transact business in this state
under any name other than the name set forth in its license, nor extend the duration of its
corporate existence. (Acts 1995, No. 95-115, p. 134, §46.)...
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