5-3A-1
Section 5-3A-1 Required times; items to be examined; applicability to bank holding companies
and affiliates. (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) Every bank other than national
banks shall be subject to the supervision and inspection of the superintendent and the regulations
and supervision thereof. The superintendent shall, by competent examiner appointed by him
or her, visit and examine every bank organized under the laws of Alabama at least once in
each eighteen-month period. The examination of banks shall be at irregular intervals. On every
examination, inquiry shall be made as to the conditions and resources of the bank, the mode
of conducting and managing the affairs of the bank, the action of its directors, the investment
of the funds of the bank, the safety and prudence of the...
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5-13B-5
Section 5-13B-5 Required application. (a) A company that proposes to make an acquisition under
this article shall: (1) File with the superintendent a copy of the application that such company
has filed with the responsible federal bank supervisory agency together with such additional
information as the superintendent may prescribe; and (2) Pay to the superintendent the application
fee, if any, prescribed by the superintendent. (b) To the extent consistent with the effective
discharge of the superintendent's responsibilities, the forms established under this article
for application and reporting shall conform to those established by the Board of Governors
of the Federal Reserve System under the Bank Holding Company Act. (c) In connection with an
application received under this article, the superintendent shall require that prior notice
of the application be published one time in a daily newspaper of general circulation and provide
an opportunity for public comment. (d) If the applicant...
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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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5-20-4
Section 5-20-4 Establishment or acquisition of a credit card bank. Subject to the provisions
of this chapter and to the prior approval of the superintendent, any bank holding company,
bank holding company subsidiary, domestic lender or foreign lender may, either singly or jointly
with other bank holding companies, bank holding company subsidiaries, domestic lenders or
foreign lenders, establish or acquire, and own and control all the voting shares of a single
credit card bank located in Alabama when and for so long as the following conditions are satisfied:
(1) If the credit card bank is to be organized under the laws of this state, such bank shall
be organized as provided in this chapter and in the manner provided in Chapter 5A of this
title; (2) In connection with the application to organize, or to acquire control of a credit
card bank, the applicant or applicants shall pay one filing fee to the Alabama Department
of Banking in an amount not less than $15,000 to be set by the...
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5-12A-1
Section 5-12A-1 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) TRUST INSTITUTION.
Any state bank, any national bank or any trust company authorized to act in a fiduciary capacity
in this state and under the supervision of the Comptroller of the Currency of the United States
or the Federal Reserve System, or the Superintendent of Banks of the State of Alabama. (2)
AFFILIATED TRUST INSTITUTION. A trust institution which, together with one or more other trust
institutions, are each owned or controlled by a bank holding company which is under the supervision
of the Board of Governors of the Federal Reserve System. (3) OWNED OR CONTROLLED. The ownership
by a bank holding company of stock possessions of at least 80 percent of the voting power
of all classes of stock and at least 80 percent of each class of the nonvoting stock (other
than nonvoting stock which is limited and...
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10A-1-7.21
Section 10A-1-7.21 Transaction of business without registration; generally. (a) A foreign entity
transacting business in this state, except a corporation or other organization formed pursuant
to federal law, may not maintain any action, suit, or proceeding in any court of this state
until it has registered in this state. (b) The failure of a foreign entity to register in
this state does not impair the validity of any contract or act of the foreign entity or prevent
the foreign entity from defending any action, suit, or proceeding in any court of this state.
(c) A foreign entity, by transacting business in this state without registration, shall be
deemed to consent to service of process with respect to causes of action arising out of business
transacted in this state, or to service of any notice or demand required or permitted by law,
by registered mail addressed to the foreign entity at the office required to be maintained
in the state or other jurisdiction where it is organized, or,...
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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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5-5A-23
Section 5-5A-23 Investments and loans with respect to housing. (a) Banks, insurance companies
and savings and loan associations are authorized: (1) To make such loans and advances of credit
and purchases of obligations representing loans and advances of credit as are eligible for
insurance and to obtain such insurance; and (2) To make such loans secured by real property
or leasehold as the Federal Housing Administrator insures or makes a commitment to insure
and to obtain such insurance. (b) It shall be lawful for banks, insurance companies or savings
and loan associations to purchase, invest in and dispose of bonds or notes secured by mortgages
issued by the Federal Housing Administrator and in securities issued by national mortgage
associations. (c) No law of this state requiring security upon which loans or investments
may be made, or prescribing or limiting interest rates upon loans or investments, or prescribing
or limiting the period for which loans or investments may be made...
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27-28-4
Section 27-28-4 Effect of chapter on powers of commissioner and authority to engage in insurance
business. Nothing contained in this chapter shall affect the power of the commissioner to
regulate, supervise, and control insurance companies pursuant to the laws of the State of
Alabama governing such companies, nor shall anything in this chapter be construed to authorize
any insurance company to engage in any kind, or kinds, of insurance business not authorized
by its charter or to authorize any holding company which is not an insurance corporation to
engage directly in the business of insurance. Subsequent to the effective date of any plan
of exchange, the commissioner, having due regard to the findings stated in subdivision (2)
of Section 27-28-2, shall have authority to require that the affairs of the domestic company
be conducted in such manner as to assure the continued safe conduct and transaction of the
business of insurance of the domestic company. (Acts 1971, No. 1449, p. 2472.)...
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5-5A-18
Section 5-5A-18 Powers of banks generally. Corporations formed for the purpose of doing business
as a bank may: (1) Discount bills, notes or other evidences of debt; (2) Receive and pay out
deposits, with or without interest, pay checks, and impose charges for any services; (3) Receive
on special deposit money, bullion or foreign coins or bonds or other securities; (4) Buy and
sell foreign and domestic exchanges, gold and silver bullion or foreign coins, bonds, bills
of exchange, notes and other negotiable paper; (5) Lend money on personal security or upon
pledges of bonds, stocks or other negotiable securities; (6) Take and receive security by
mortgage, security agreement or otherwise on property, real and personal; (7) Become trustees
for any purpose and be appointed and act as executors, administrators, guardians, receivers,
or fiduciaries upon receiving the prior written approval of the superintendent under Section
5-11A-1; (8) Lease real and personal property upon specific request...
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