5-13B-83
Section 5-13B-83 Application to establish and maintain a branch or agency - Manner of filing
and determination. (a) A foreign bank making an application under this article for a license
to establish and maintain an Alabama state branch or Alabama state agency shall deliver to
the superintendent: (1) At least two, or more as the superintendent may require by regulation,
duplicate originals of the foreign bank's application; and (2) At least two, or more as the
superintendent may require by regulation, copies of its charter or articles of incorporation
and all amendments thereto, duly authenticated by the proper officer of the country of such
foreign bank's organization. (b) The superintendent shall issue a license to a foreign bank
to establish and maintain an Alabama state branch or Alabama state agency if he or she finds
that: (1) The foreign bank is of good character and sound financial standing; (2) The management
of the foreign bank and the proposed management of the Alabama state...
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5-13B-110
Section 5-13B-110 Pledge of assets. (a) Each foreign bank which is licensed to establish and
maintain an Alabama state branch or Alabama state agency shall keep on deposit, in accordance
with such regulations or orders as the superintendent shall promulgate, with such unaffiliated
Alabama banks as such foreign bank may designate and the superintendent may approve, interest-bearing
stocks and bonds, notes, debentures, or other obligations of the United States or any agency
or instrumentality thereof, or guaranteed by the United States, or of this state, or of a
city, county, town, village, school district, or instrumentality of this state or guaranteed
by this state, or dollar deposits, or obligations of the International Bank for Reconstruction
and Development, or obligations issued by the InterAmerican Development Bank, or obligations
of the Asian Development Bank, or obligations issued by the African Development Bank, or such
other assets as the superintendent shall by regulation or...
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5-13B-107
Section 5-13B-107 Separate assets. (a) Each foreign bank which is licensed to establish and
maintain an Alabama state branch or Alabama state agency in this state shall keep the assets
of its business in this state separate and apart from the assets of its business outside this
state. (b) The creditors of a foreign bank arising out of transactions with, and recorded
on the books of, its Alabama state branch or Alabama state agency shall be entitled to absolute
preference and priority over creditors of such foreign bank offices located outside of Alabama
with respect to the assets of such foreign bank's offices in this state. (Acts 1995, No. 95-115,
p. 134, §55.)...
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5-13B-112
Section 5-13B-112 Voluntary closure of branch, agency, or representative office - Application.
(a) No foreign bank which is licensed to establish and maintain an Alabama state branch, Alabama
state agency, or Alabama representative office shall close such office without filing an application
with, and obtaining the prior approval of, the superintendent. An application by a foreign
bank under this section shall be in such form and include such information as the superintendent
shall establish by regulation or order. (b) If the superintendent finds, with respect to an
application by a foreign bank under this section, that the closing of such office will not
be substantially detrimental to the public convenience and advantage, the superintendent shall
approve such application. If the superintendent finds otherwise, he or she shall deny the
application. (c) Whenever an application by a foreign bank under this section has been approved
and all conditions precedent to such closing have been...
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5-13B-98
Section 5-13B-98 Filing of amendments to articles of incorporation. A foreign bank which is
licensed to maintain an Alabama state branch or Alabama state agency, whenever its articles
of incorporation are amended, shall forthwith file in the office of the superintendent a copy
of such amendment duly authenticated by the proper officer of the country of such foreign
bank's organization, but the filing thereof may not of itself enlarge or alter the purpose
or purposes for which such foreign bank is authorized to pursue in the transaction of its
business in this state, nor authorize such foreign bank to transact business in this state
under any name other than the name set forth in its license, nor extend the duration of its
corporate existence. (Acts 1995, No. 95-115, p. 134, §46.)...
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5-13B-115
Section 5-13B-115 Seizure of foreign bank's property and business; liquidation. (a) If the
superintendent finds that any of the factors set forth in Section 5-13B-113 are true with
respect to any foreign bank which is licensed to establish and maintain an Alabama state branch
or Alabama state agency and that it is necessary for the protection of the interests of the
creditors of such foreign bank's business in this state or for the protection of the public
interest that he or she take immediate possession of the property and business of the foreign
bank, the superintendent may by order forthwith take possession of the property and business
of the foreign bank in this state and retain possession until the foreign bank resumes business
in this state or is finally liquidated. The foreign bank may, with the consent of the superintendent,
resume business in this state upon such conditions as the superintendent may prescribe by
regulation or order. (b) At any time within 10 days after the...
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5-13B-100
Section 5-13B-100 Change of control of foreign bank. A foreign bank which is licensed to establish
and maintain an Alabama state branch, Alabama state agency, or Alabama representative office
shall file with the superintendent a notice, in such form and containing such information
as the superintendent may prescribe, no later than 14 calendar days after such foreign bank
becomes aware of any acquisition of control of such foreign bank or merges with another foreign
bank. (Acts 1995, No. 95-115, p. 134, §48.)...
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5-13B-106
Section 5-13B-106 Books, accounts, and records. Each foreign bank which is licensed to establish
and maintain an Alabama state branch, Alabama state agency, or Alabama representative office
shall maintain or make available at any such office appropriate books, accounts, and records
reflecting (1) all transactions effected by or on behalf of such office and (2) all actions
taken in this state by employees of the foreign banking corporation located in this state
to effect transactions on behalf of any office of such foreign bank located outside this state.
(Acts 1995, No. 95-115, p. 134, §54.)...
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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-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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