5-13B-88
Section 5-13B-88 Authority to act as agent. (a) An Alabama state branch or Alabama state
agency of a foreign bank licensed under this article may receive deposits, renew time deposits,
close loans, service loans, and receive payments on loans and other obligations as an agent
for any depository institution affiliate of such foreign bank, including branch, agency, and
other offices of the same foreign bank located in other states, generally in accordance with
the same terms, conditions, procedures, and requirements that are applicable under the laws
and regulations of this state to such agency activities that may be conducted by Alabama state
banks. (b) Notwithstanding any other provision of the laws or regulations of this state, an
Alabama state branch or Alabama state agency of a foreign bank acting in this state as an
agent in accordance with the provisions of this section shall not be considered to
be a branch of such other depository institution affiliate; provided, however, that...
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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-113
Section 5-13B-113 Suspension or revocation of license; factors. If, after notice and
a hearing, the superintendent finds any of the following with respect to a foreign bank which
is licensed to establish and maintain an Alabama state branch or Alabama state agency, he
or she may issue an order suspending or revoking the license of such foreign bank: (1) That
the foreign bank has violated any provision of this article or of any regulation or order
issued under this article or any provision of any other applicable law, regulation, or order;
(2) That the foreign bank is transacting activities in this state in an unsafe or unsound
manner or, in any case, is transacting activities elsewhere in an unsafe or unsound manner;
(3) That the foreign bank or any one or more of its Alabama state branches or Alabama state
agencies is in an unsafe or unsound condition; (4) That the foreign bank has ceased to operate
any of its offices in this state without the prior approval of the superintendent in...
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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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5-13B-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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5-20-3
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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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-62
Section 5-13B-62 Citizenship and residency requirements for directors of state banks.
Notwithstanding any other provision of the laws and regulations of this state, the citizenship
and residency requirements otherwise applicable to members of the board of directors of any
Alabama bank may, in the case of an Alabama bank which is a subsidiary or affiliate of a foreign
bank, be waived by the superintendent in his or her discretion upon application by the controlling
shareholder of the Alabama bank; provided that at least a majority of the directors shall
be citizens of the United States and at least 25 percent of the directors shall be residents
of this state. (Acts 1995, No. 95-115, p. 134, §27.)...
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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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5-1A-3
Section 5-1A-3 Use of words "bank," "banker," "banking,"
etc., restricted. The use of the words "bank," "banker," "banking,"
or words of similar meaning in any foreign language as a designation or name, or as part of
a designation or name, under which business is or may be conducted in the State of Alabama,
or in its advertising is restricted to banking corporations organized under the laws of Alabama,
other states, the United States, or foreign countries. All other persons, firms, partnerships,
limited liability companies, corporations, and other entities are prohibited from using the
words "bank," "banker," or "banking" or words of similar meaning
in any foreign language in advertising or as a designation or name or as part of a designation
or name under which business may be conducted in this state unless the superintendent determines
that the use of the word by the entity is unlikely to mislead or confuse the public or give
the impression that such entity is lawfully organized and...
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