5-13B-80
Section 5-13B-80 Purpose. 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 division is intended: (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 that are licensed
under the laws of this state; and (2) To authorize representative offices in this state of
foreign banks, and to set forth statutory provisions...
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5-5A-47
Section 5-5A-47 Liability of directors or officers; enforcement powers of superintendent. If
the directors or officers of any bank knowingly and willfully violate or knowingly and willfully
permit any of the officers, agents, or employees of the bank to violate any of the provisions
of this title, each and every director or officer engaging in such knowing and willful violation
or knowing and willful permission shall be liable in his or her personal and individual capacity
for all damages which the bank or any other person shall have sustained in consequence of
such violation. The superintendent may use enforcement powers granted by Section 5-2A-12 to
seek restitution for or on behalf of the bank for damages resulting from such violations.
Further, the superintendent shall have standing to intervene in any court action arising out
of or relating to such violation in order to protect the interests of the superintendent,
the bank, or its shareholders. (Acts 1980, No. 80-658, §5-5-47;...
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5-11A-30
Section 5-11A-30 Transfer between related institutions. Absent written objection from the Superintendent
of the State Banking Department, a bank, trust company or trust department (hereinafter to
be known as the "transferor") may transfer one or more fiduciary accounts administered
by such bank, trust company or trust department to another bank, trust company or trust department
(hereinafter to be known as the "transferee"); provided, however, that the transferor
and transferee banks are related institutions, as that term is hereinafter defined in Section
5-11A-36, and that the transferee bank has trust powers. (Acts 1989, No. 89-539, p. 1127,
§1.)...
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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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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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5-5A-13
Section 5-5A-13 Filing fee; other fees. (a) The Banking Board shall from time to time fix the
amount of the fee for filing an application for a new bank, and for: (1) Establishment of
a branch of an existing bank; (2) Conversion of a national bank to a state bank; (3) A merger
of two or more existing banks; (4) Establishment and operation of any facility authorized
under the provisions of Sections 5-2A-7 and 5-2A-8; (5) Acquisition of a majority of voting
stock of a bank; (6) Any examination necessitated by the foregoing; and (7) Other actions
that require the approval of the superintendent or the Banking Board. (b) All such fees shall
be paid into the special fund set up by the State Treasurer pursuant to Section 5-2A-20. (Acts
1980, No. 80-658, §5-5-13.)...
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5-5A-18.1
Section 5-5A-18.1 Banks and trust companies to have power of federally chartered or regulated
financial institution. In addition to all other rights and powers provided under this title,
banks and trust companies chartered by this state and supervised by the superintendent and
banks or trust companies chartered by any other state which are doing business or proposing
to conduct any bank or trust company activities in this state and each of their subsidiaries,
subject to the prior approval of the superintendent, may make any loan or investment , exercise
any power, and engage in any activity which they could make , exercise, or engage in if incorporated
or operating as a federally chartered or regulated financial institution and they shall be
entitled to all rights, privileges, and protections granted or available to federally chartered
or regulated financial institutions. In addition to other conditions determined at the superintendent's
discretion, any approval granted under this...
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5-13B-89
Section 5-13B-89 Representative office of foreign banks - Necessity of licensure. (a) No foreign
bank shall establish or maintain an Alabama representative office unless such foreign bank
is licensed by the superintendent to maintain such an Alabama representative office. (b) Nothing
in subsection (a) shall be deemed to prohibit a foreign bank which maintains a federal agency
or federal branch in this state from establishing or maintaining one or more Alabama representative
offices. (Acts 1995, No. 95-115, p. 134, §37.)...
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5-2A-20
Section 5-2A-20 Assessment of banks - When payable; amount; disposition of revenue. Each bank
shall on the call of the superintendent pay to the State Banking Department an assessment
fee based on the total resources of the bank as may be shown by its last report to the State
Banking Department. The rate of such assessment shall be in an amount fixed by the superintendent
and approved by the Banking Board and the assessment may be made more frequently than annually.
All assessments and other fees or penalties collected pursuant to this title by the State
Banking Department shall be paid into a special fund to be set up by the State Treasurer.
The special fund shall be used to pay the salaries of the officials and employees and the
expenses of the State Banking Department, including the purchase of equipment, vehicles, and
supplies necessary for the examination and supervision of banks, and all moneys deposited
therein are hereby appropriated for that purpose. The expenses of all...
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6-5-430
Section 6-5-430 Enforcement of action upon contract or tort arising in another state when jurisdiction
of defendant can be obtained in this state; doctrine of forum non conveniens applied. Whenever,
either by common law or the statutes of another state or of the United States, a claim, either
upon contract or in tort has arisen outside this state against any person or corporation,
such claim may be enforceable in the courts of this state in any county in which jurisdiction
of the defendant can be legally obtained in the same manner in which jurisdiction could have
been obtained if the claim had arisen in this state; provided, however, the courts of this
state shall apply the doctrine of forum non conveniens in determining whether to accept or
decline to take jurisdiction of an action based upon such claim originating outside this state;
and provided further that, if upon motion of any defendant it is shown that there exists a
more appropriate forum outside this state, taking into...
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