5-13B-60
Section 5-13B-60 Purpose. This division is generally intended to ensure that the laws and regulations
of this state applicable to the ownership and operations of Alabama banks, and interstate
branches in this state of out-of-state banks, do not discriminate against such banks that
are owned or controlled by foreign banks or other foreign persons in a manner inconsistent
with the provisions of Section 3(d) of the Bank Holding Company Act (12 U.S.C. §1842(d)),
as amended effective September 29, 1995, by Section 101 of the Interstate Banking and Branching
Efficiency Act, or with other laws and policies of the United States. (Acts 1995, No. 95-115,
p. 134, §25.)...
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5-13B-131
Section 5-13B-131 Establishment of interstate branches in this state by out-of-state foreign
banks. (a) Except as provided in subsection (b), an out-of-state foreign bank may establish
an interstate Alabama state branch in the same manner, including by merger or other transactions
under Section 44 of the Federal Deposit Insurance Act, and comparable provisions of the laws
of this state, with Alabama banks or other institutions, as, and subject generally to the
same criteria, standards, conditions, requirements, and procedures applicable to the establishment
of interstate branches in this state by, an out-of-state bank having the same home state in
the United States, notwithstanding any provision of the laws or regulations of this state
to the contrary. (b) Notwithstanding the provisions of subsection (a), the superintendent:
(1) Shall apply to the establishment of an initial interstate Alabama state branch, and subsequent
intrastate Alabama branches, of any out-of-state foreign bank...
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5-13B-81
Section 5-13B-81 Branches and agencies of foreign banks - Necessity of licensure. (a) No foreign
bank shall transact business in this state except at an Alabama state branch or Alabama state
agency which it is licensed to establish and maintain pursuant to, and at which it conducts
such activities as are permitted by, this article. (b) Subsection (a) shall not be deemed
to prohibit: (1) Any foreign bank which maintains a federal agency or federal branch in this
state from transacting at such federal agency or federal branch such business as it may be
authorized to transact under applicable federal laws and regulations; or (2) Any foreign bank
which does not maintain an Alabama state branch or Alabama state agency from making in this
state loans secured by liens on real property located in this state; or (3) Any foreign bank
which maintains an Alabama branch or agency from transacting business as agent for an affiliated
depository or other institution in accordance with provisions of...
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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-61
Section 5-13B-61 Operations in this state of banks owned or controlled by foreign banks and
other foreign persons. (a) Except as provided in subsection (b): (1) The laws and regulations
of this state governing the acquisition or ownership of controlling or other interests in
Alabama banks or in out-of-state banks seeking to establish and maintain one or more interstate
branches in this state shall not generally prohibit ownership of such institutions by, or
otherwise discriminate against, foreign banks or other foreign persons, notwithstanding any
provision of the laws or regulations of this state to the contrary; (2) The laws and regulations
of this state governing the powers and activities of Alabama banks and of out-of-state banks
maintaining one or more interstate branches in this state shall not discriminate among such
banks on the basis of their ownership or control by foreign banks or other foreign persons,
notwithstanding any provision of the laws or regulations of this state...
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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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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-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-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-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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