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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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5-3A-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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5-2A-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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5-20-6
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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5-13B-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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5-5A-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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5-3A-3
Section 5-3A-3 Disclosure of information obtained by superintendent, bank examiners,
etc. (a) Neither the superintendent, any member of the Banking Board, nor any bank examiner
or other state employee shall disclose the condition and affairs of any bank or bank holding
company, or their subsidiaries or other affiliates, ascertained by an examination of such
bank, or bank holding company, or affiliates, or report or give information as to persons
who are depositors or debtors of a bank, except as authorized or required by law; provided,
that this section shall not be construed to prevent bank examiners and other employees
from reporting such information to the superintendent or such persons as the superintendent
may lawfully designate. (b) Notwithstanding the provisions of subsection (a), the superintendent,
at the superintendent's discretion, may disclose any information, otherwise protected under
this section, to the members of the Banking Board and confer with the members of the...
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5-11A-1.1
Section 5-11A-1.1 Branching of trust companies; branching of out-of-state trust companies;
reciprocity; cooperative agreements. All corporations organized under this chapter shall have
the right to establish offices in the same manner as a bank may establish branches under this
title. At the discretion of the superintendent, out-of-state trust companies and out-of-state
banks may also establish offices in this state in the same manner as out-of-state banks may
establish branches in this state provided the superintendent determines that reciprocity exists
so that an Alabama bank or trust company could establish a similar office under substantially
equivalent requirements in the home state of the out-of-state bank or trust company. The superintendent
may enter into cooperative, coordinated, and information-sharing agreements with any other
bank supervisory agencies with respect to the establishment, acquisition, periodic examination,
or other supervision of any office in this state of an...
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5-20-3
Section 5-20-3 Definitions. Notwithstanding any other provision of law, for the purposes
of this chapter, the following terms shall have the meanings prescribed by this section:
(1) ALABAMA BANK. A bank which is organized under the laws of this state or of the United
States and which has its principal place of business in this state. (2) BANK. Any "insured
bank" as such term is defined in Section 3(h) of the Federal Deposit Insurance
Act, 12 U.S.C. §1813(h). (3) BANK HOLDING COMPANY. Any company which is a bank holding company
under the Bank Holding Company Act of 1956, as amended, 12 U.S.C. §1841(a). (4) CREDIT CARD.
Any type of arrangement or agreement pursuant to which any domestic lender or credit card
bank, whether directly or indirectly through any domestic lender acting as its agent, gives
a debtor the privilege of using a credit card or other credit confirmation, device or instrument
of any type in transactions out of which debt arises: a. By the domestic lender or credit...
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