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-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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5-2A-12
Section 5-2A-12 Superintendent - Order to correct unsafe and unsound matters; penalties; procedure.
(a) For purposes of this section, a bank holding company is a holding company organized under
the laws of Alabama or another state in the United States that directly owns a majority of
the voting securities of an Alabama state bank. (b) The superintendent may order a bank, a
bank holding company, the board of directors, any director or directors, and any officer or
officers of any bank or bank holding company, individually or collectively (hereafter affected
person, whether one or more) to correct any matters in the conduct of the affairs of the bank
which in the opinion of the superintendent are unsafe and unsound. The Banking Board, after
at least 20 days' written notice by the superintendent to the bank and any affected person,
and a hearing before the Banking Board, may direct the superintendent to issue an order that
imposes civil money penalties on the bank or bank holding company...
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5-3A-6
Section 5-3A-6 Examination of witnesses and production of documents; penalties for false entry
or statement; proceedings against former employees. (a) For purposes of this section, a bank
holding company is a holding company organized under the laws of Alabama or another state
in the United States that directly owns a majority of the voting securities of an Alabama
state bank. (b) The superintendent and every examiner acting under the superintendent may
administer oaths and may examine under oath any person whose testimony may be required on
the examination of any bank or any bank holding company, on the examination of any affiliate
of a bank, or on the examination of any agency of any foreign bank and shall have authority
and power to compel the appearance and attendance of any such person or the production of
any records and documents of any bank, any bank holding company, any affiliate of a bank,
or any agency of a foreign bank for the purpose of any examination and attendance or...
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5-13B-3
Section 5-13B-3 Scope of article and statement of legislative intent. This article sets forth
the conditions under which a company may acquire an Alabama bank or an Alabama bank holding
company or an Alabama bank holding company may acquire an out-of-state bank or bank holding
company. This article is intended not to discriminate against out-of-state bank holding companies
or against foreign bank holding companies in any manner that would violate Section 3(d) of
the Bank Holding Company Act, as amended effective September 29, 1995, by Section 101 of the
Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, Public Law No. 103-328.
(Acts 1995, No. 95-115, p. 134, §3; Act 2010-548, p. 966, §1.)...
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5-13B-10
Section 5-13B-10 Penalties. The superintendent may enforce the provisions of this article by
any appropriate action in the circuit courts of this state, including an action for civil
money penalties or injunctive relief, provided, that the superintendent shall promptly give
notice to the home state regulator of any enforcement action initiated against an out-of-state
bank holding company and, to the extent practicable, shall consult and cooperate with the
home state regulator in pursuing and resolving the enforcement action. (Acts 1995, No. 95-115,
p. 134, §10.)...
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5-20-6
Section 5-20-6 Application for approval; filing fee. Any bank holding company, bank holding
company subsidiary, domestic lender or foreign lender proposing to establish or acquire a
credit card bank pursuant to this chapter shall file an application with the superintendent
for prior approval of such establishment or acquisition. Such application shall contain such
information as the superintendent may require, and shall specifically acknowledge each applicant's
agreement to be bound by the conditions set forth in Section 5-20-4. In addition, such application
shall designate a resident of this state as each applicant's registered agent in connection
with matters arising out of this chapter and shall be accompanied by the filing fee specified
in section 5-20-4. (Acts 1988, No. 88-85, p. 104, §1.)...
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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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5-10A-9
Section 5-10A-9 Segregation of assets - Manners of segregation. Whenever pursuant to any provision
of state or federal law or of any rule or regulation by any state or federal authority made
or adopted pursuant thereto, or whenever pursuant to contractual arrangement any bank is under
duty or obligation to segregate particular items or assets separate and apart from other items
or assets, the same may be either segregated specifically and in kind in the possession of
the bank but commingled within the class or amount for the purpose of which they are segregated,
or converted into a deposit account separate from any general or other deposit account of
such bank with a Federal Reserve Bank or branch thereof, created and organized under an act
of Congress of the United States approved December 23, 1913, known as the Federal Reserve
Act, as amended, or with any governmental agency hereafter created by act of Congress of the
United States authorized to receive such deposit accounts but...
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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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