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-8
Section 5-13B-8 Reports; examinations. (a) To the extent specified by the superintendent
by regulation, order, or written request, each bank holding company that directly or indirectly
controls an Alabama state bank or an Alabama bank holding company, or the home state regulator
of such company, shall submit to the superintendent: (1) One or more copies of each financial
report filed by such company with any bank supervisory agency, except for any report the disclosure
of which would be prohibited by applicable federal or state law, within 15 days after the
filing thereof with such agency; and (2) An annual report, not later than April 15 of each
year for each bank and branch in the state controlled by the bank holding company containing
the following information: a. The location; b. The amount of deposits held as of the end of
the preceding calendar year; and c. The amount of loans made during the preceding calendar
year to individuals and entities with addresses in this state. (b) At...
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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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5-3A-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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5-13B-2
Section 5-13B-2 Definitions. For purposes of this article: (a) "Acquire" means:
(1) For a company to merge or consolidate with a bank holding company; (2) For a company to
assume direct or indirect ownership or control of: (I) More than 25 percent of any class of
voting shares of a bank holding company or a bank, if the acquiring company was not a bank
holding company prior to such acquisition; (II) More than five percent of any class of voting
shares of a bank holding company or a bank, if the acquiring company was a bank holding company
prior to such acquisition; or (III) All or substantially all of the assets of a bank holding
company or a bank; or (3) For a company to take any other action that results in the direct
or indirect acquisition of control by such company of a bank holding company or a bank; however,
formation of a de novo bank pursuant to Chapter 5A of this title is not an acquisition for
purposes of this article. (b) "Affiliate" has the meaning set forth in Section...

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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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5-13B-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-4
Section 5-13B-4 Permitted acquisitions. (a) No company may acquire an Alabama bank holding
company or an Alabama state bank without the prior approval of the superintendent. (b) The
approval of the superintendent under subsection (a) shall not be required where the acquisition
is made: (1) In a transaction arranged by the superintendent or another bank supervisory agency
to prevent the insolvency or closing of the acquired bank; or (2) In a transaction in which
a bank forms its own bank holding company, if the ownership rights of the former bank shareholders
are substantially similar to those of the shareholders of the new bank holding company. (c)
No Alabama bank holding company may acquire an out-of-state bank or bank holding company without
the prior approval of the superintendent. (d) In a transaction for which the superintendent's
approval is not required under this section, the parties shall give written notice
to the superintendent at least 15 days before the effective date of...
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5-13B-26
Section 5-13B-26 Examinations; periodic reports; cooperative agreements; assessment
of fees. (a) To the extent consistent with subsection (c), the superintendent may make such
examinations of any branch established and maintained in this state pursuant to this article
by an out-of-state state bank as the superintendent may deem necessary to determine whether
the branch is being operated in compliance with the laws of this state and in accordance with
safe and sound banking practices. The provisions of Chapter 3A, Title 5, shall apply to such
examinations. (b) The superintendent may prescribe requirements for periodic reports regarding
any out-of-state bank that operates a branch in Alabama pursuant to this article. The required
reports shall be provided by such bank or by the bank supervisory agency having primary responsibility
for such bank. Any reporting requirements prescribed by the superintendent under this subsection
shall be (1) consistent with the reporting requirements...
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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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