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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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5-20-7
Section 5-20-7 Supervision and enforcement. (a) All credit card banks organized under the laws
of this state shall be subject to the supervision, regulation, and examination of the superintendent
and the superintendent shall have all enforcement powers with respect thereto as are provided
in this title. (b) In the event any credit card bank does not conduct its business consistent
with the provisions of Section 5-20-4, the superintendent may require such credit card bank
to cease all unauthorized activities, and may issue cease and desist orders and exercise any
other rights or powers provided by this title, including, but not limited to, seeking equitable
or legal remedies. In the event such credit card bank fails to abide by any order or written
agreement with the superintendent, the superintendent may in addition to all other rights,
remedies, and powers it may have under this title: (1) Impose upon the credit card bank or
any of its controlling or investor bank holding companies,...
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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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10A-1-7.34
Section 10A-1-7.34 Right of foreign entity to participate in the business of certain domestic
entities. A vote cast or consent provided by a foreign entity with respect to its ownership
or membership interest in a domestic entity of which the foreign entity is a lawful owner
or member, and the foreign entity's participation in the management and control of the business
and affairs of the domestic entity to the extent of the participation of other owners or members,
are not invalidated if the foreign entity does not register to transact business in this state,
subject to all law governing a domestic entity, including the antitrust law of this state.
(Act 2009-513, p. 967, §66; Act 2018-125, §3.)...
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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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8-7A-3
Section 8-7A-3 Exclusions. This chapter does not apply to any of the following: (1) The United
States or a department, agency, or instrumentality thereof. (2) The transmission of money
by the United States Postal Service or by a contractor on behalf of the United States Postal
Service. (3) A state, county, city, or any other governmental agency or governmental subdivision
of a state. (4) Electronic funds transfer of governmental benefits for a federal, state, or
governmental agency by a contractor on behalf of the United States or a department, agency,
or instrumentality thereof, or a state or governmental subdivision, agency, or instrumentality
thereof. (5) A board of trade designated as a contract market under the federal Commodity
Exchange Act, 7 U.S.C. Sections 1-25 (1994), or a person that, in the ordinary course of business,
provides clearance and settlement services for a board of trade to the extent of its operation
as or for such a board. (6) A registered futures commission...
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2-2-14
Section 2-2-14 Livestock theft investigator. The Commissioner of Agriculture and Industries,
with the approval of the Governor, is hereby authorized to designate as "livestock theft
investigator" any employee or employees of the Department of Agriculture and Industries
performing duties relating to the enforcement of the livestock laws of this state. Such employee
or employees so designated shall, in addition to other duties of employment, perform work
involving investigations and the enforcement of all laws of the State of Alabama enacted for
the purpose of preventing theft and unlawful dealing in and handling of cattle and other livestock,
including the enforcement of livestock sanitary and disease control laws to the end that persons
who commit or who are charged with the commission of such unlawful offenses may be arrested
and prosecuted therefor. Employees of the Department of Agriculture and Industries designated
and approved under the provisions of this section as "livestock...
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27-5A-2
Section 27-5A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ACTUARY. A person
who is a member in good standing of the American Academy of Actuaries. (2) COMMISSIONER. The
Alabama Commissioner of Insurance. (3) CONTROLLING PERSON. Any person, firm, association,
or corporation who directly or indirectly has the power to direct or cause to be directed,
the management, control, or activities of the reinsurance intermediary. (4) INSURER. Any person,
firm, association, or corporation duly licensed in this state pursuant to the applicable provisions
of the insurance law as an insurer. (5) LICENSED PRODUCER. An insurance producer or reinsurance
intermediary licensed pursuant to the applicable provision of the insurance law. (6) QUALIFIED
U.S. FINANCIAL INSTITUTION. An institution that: a. Is organized or, in the case of a U.S.
office of a foreign banking organization, licensed,...
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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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10A-5A-1.02
Section 10A-5A-1.02 Definitions. Notwithstanding Section 10A-1-1.03, as used in this chapter,
unless the context otherwise requires, the following terms mean: (a) "Certificate of
formation," with respect to a limited liability company, means the certificate provided
for by Section 10A-5A-2.01, and the certificate as amended or restated. (b) "Constituent
limited liability company" means a constituent organization that is a limited liability
company. (c) "Constituent organization" means an organization that is party to a
merger under Article 10. (d) "Converted organization" means the organization into
which a converting organization converts pursuant to Article 10. (e) "Converting limited
liability company" means a converting organization that is a limited liability company.
(f) "Converting organization" means an organization that converts into another organization
pursuant to Article 10. (g) "Disqualified person" means any person who is not a
qualified person. (h) "Distribution" except...
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