5-13B-103
Section 5-13B-103 Supervision and enforcement. (a) The superintendent shall have all
of the powers granted to him or her by the laws of this state to the extent appropriate to
enable him or her to supervise each Alabama state branch, Alabama state agency, or Alabama
representative office. (b) If, after notice and a hearing, the superintendent finds that any
person has violated any provision of this article or of any regulation or order issued under
this article, he or she may, in addition to any other remedy or action available to the superintendent
under the laws of this state, order such person to pay to the superintendent a civil penalty
in such a manner and in such an amount as the superintendent shall determine in accordance
with the laws of this state and regulations thereunder. (c) In order to carry out the purposes
under this article, the superintendent may: (1) Enter into cooperative, coordinating, or information-sharing
agreements with any other bank supervisory agency or any...
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5-13B-41
Section 5-13B-41 Definitions. For purposes of this article: (a) The term "bank"
means any bank as defined in: Section 2(c) of the Bank Holding Company Act (12 U.S.C.
§1841(c)); Section 3(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. §1813(a)(1)),
other than a branch of a foreign bank; or, as the context may require, in Chapter 5A, Title
5. The term "bank" as used in this article shall not in any event include a foreign
bank or a branch or agency of a foreign bank. (b) The term "foreign bank" means
any company organized under the laws of a foreign country, a territory of the United States,
Puerto Rico, Guam, American Samoa, or the Virgin Islands, that engages directly in the business
of banking. The term includes foreign commercial banks, foreign merchant banks, and other
foreign institutions that engage in banking activities usual in connection with the business
of banking in the countries where such foreign institutions are organized or operating. (c)
The term "out-of-state...
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5-13B-26
Section 5-13B-26 Examinations; periodic reports; cooperative agreements; assessment
of fees. (a) To the extent consistent with subsection (c), the superintendent may make such
examinations of any branch established and maintained in this state pursuant to this article
by an out-of-state state bank as the superintendent may deem necessary to determine whether
the branch is being operated in compliance with the laws of this state and in accordance with
safe and sound banking practices. The provisions of Chapter 3A, Title 5, shall apply to such
examinations. (b) The superintendent may prescribe requirements for periodic reports regarding
any out-of-state bank that operates a branch in Alabama pursuant to this article. The required
reports shall be provided by such bank or by the bank supervisory agency having primary responsibility
for such bank. Any reporting requirements prescribed by the superintendent under this subsection
shall be (1) consistent with the reporting requirements...
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5-13B-21
Section 5-13B-21 Definitions. As used in this article, unless a different meaning is
required by the context, the following words and phrases shall have the following meanings:
(a) "Alabama bank" means a bank whose home state is Alabama. (b) "Alabama state
bank" means a bank chartered under the laws of Alabama. (c) "Bank" has the
same meaning as set forth in 12 U.S.C. §1813(h); provided that the term "bank"
shall not include any "foreign bank" as defined in 12 U.S.C. §3101(7), except that
such term shall include any foreign bank organized under the laws of a territory of the United
States, Puerto Rico, Guam, American Samoa, or the Virgin Islands, the deposits of which are
insured by the Federal Deposit Insurance Corporation. (d) "Bank holding company"
has the meaning set forth in 12 U.S.C. §1841(a) (1). (e) "Bank supervisory agency"
means: (1) The Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation,
the Board of Governors of the Federal Reserve...
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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-11
Section 5-13B-11 Authority to issue regulations; cooperative agreements; fees. In order
to carry out the purposes of this title, in addition to and cumulative with the authority
and powers of the superintendent set forth elsewhere in this title, the superintendent may:
(1) Adopt regulations; (2) Enter into cooperative, coordinating, or information-sharing agreements
with any other bank supervisory agency or any organization affiliated with or representing
one or more bank supervisory agencies; (3) Accept any report of examination or investigation
by another bank supervisory agency having concurrent jurisdiction over an Alabama state bank
or a bank holding company that controls an Alabama state bank in lieu of conducting the superintendent's
own examination or investigation of such bank holding company or bank; (4) Enter into contracts
with any bank supervisory agency having concurrent jurisdiction over an Alabama state bank
or a bank holding company that controls an Alabama state bank...
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5-13B-23
Section 5-13B-23 Interstate merger transactions and branching; operation of branches.
(a) One or more Alabama state banks may enter into an interstate merger transaction with one
or more out-of-state banks under this article, and an out-of-state bank resulting from such
transaction may maintain and operate the branches in Alabama of an Alabama state bank that
participated in such transaction, provided that the conditions and filing requirements of
this article are met. (b) Except as otherwise expressly provided in this subsection, an interstate
merger transaction, establishment of a de novo branch, or acquisition of a branch shall not
be permitted under this article if, upon consummation of such transaction, the out-of-state
bank, including all insured depository institutions that would be "affiliates" as
defined in 12 U.S.C. §1841(k) of the out-of-state bank, would control 30 percent or more
of the total amount of deposits held by all insured depository institutions in this state....

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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-40
Section 5-13B-40 Purpose. (a) This article is intended generally to provide for state
regulation of the participation by foreign banks in the financial markets of this state. (b)
Consistent with the federal International Banking Act, the Bank Holding Company Act, the Federal
Deposit Insurance Act, and the Interstate Banking and Branching Efficiency Act, this article
is intended specifically: (1) To authorize banking activities and operations, under state
licenses issued by the superintendent, of direct branch and agency offices in this state of
foreign banks, generally under terms and conditions not less favorable than the terms and
conditions under which such activities and operations may be conducted by federal branch or
agency offices of foreign banks in the United States, and to set forth a statutory framework
for the licensing, regulation and supervision of such state-licensed offices of foreign banks
by the superintendent to assure the safe and sound operation of such offices...
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40-21-80
Section 40-21-80 Definitions. (a) For the purpose of this article, the following terms
shall have the respective meanings ascribed by this section: (1) DEPARTMENT. The Department
of Revenue of the State of Alabama. (2) DOMESTIC WATER. All water except water that is sold
to persons for use or consumption in industrial processes and not primarily for human consumption.
(3) GROSS RECEIPTS. The value proceeding or accruing from the furnishing of utility services,
all receipts actual and accrued, without any deduction on account of the cost of the utility
services sold, the cost of the materials used, labor or service cost, interest paid, or any
other expenses whatever, and without any deductions on account of losses. (4) GROSS SALES.
The value proceeding or accruing from the furnishing of utility services, and including the
proceeds from the sale of any utility services handled on consignment by the taxpayer, without
any deduction on account of the cost of the utility services sold, the...
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