Code of Alabama

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5-13B-29
Section 5-13B-29 Notice of subsequent merger, etc. Each out-of-state state bank that has established
and maintains a branch in this state pursuant to this article, or the home state regulator
of such bank, shall give at least 30 days' prior written notice to the superintendent, or,
in the case of an emergency transaction, such shorter notice as is consistent with applicable
state or federal law, of any merger, consolidation, or other transaction that would cause
a change of control with respect to such out-of-state state bank or any bank holding company
that controls such bank, with the result that an application would be required to be filed
pursuant to the federal Change in Bank Control Act of 1978, as amended, 12 U.S.C. §1817(j),
or the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. §§1841 et seq., or
any successor statutes thereto. (Acts 1995, No. 95-115, p. 134, §21.)...
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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-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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5-13B-9
Section 5-13B-9 Agency activities. (a) Any Alabama state bank may, upon compliance with the
requirements of this section, agree to receive deposits, renew time deposits, close loans,
service loans, receive payments on loans and other obligations and, with the prior approval
of the superintendent, perform other services as an agent for any depository institution.
(b) An Alabama state bank that proposes to enter into an agency agreement to perform services
other than those specifically designated in subsection (a) shall file with the superintendent
at least 30 days before the effective date of the agreement: (1) A notice of intention to
enter into such an agency agreement with a depository institution; (2) A description of the
services other than those specifically designated in subsection (a) proposed to be performed
under the agency agreement; and (3) A copy of the agreement. (c) If any proposed service is
not specifically designated in subsection (a) and has not previously been...
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5-5A-13
Section 5-5A-13 Filing fee; other fees. (a) The Banking Board shall from time to time fix the
amount of the fee for filing an application for a new bank, and for: (1) Establishment of
a branch of an existing bank; (2) Conversion of a national bank to a state bank; (3) A merger
of two or more existing banks; (4) Establishment and operation of any facility authorized
under the provisions of Sections 5-2A-7 and 5-2A-8; (5) Acquisition of a majority of voting
stock of a bank; (6) Any examination necessitated by the foregoing; and (7) Other actions
that require the approval of the superintendent or the Banking Board. (b) All such fees shall
be paid into the special fund set up by the State Treasurer pursuant to Section 5-2A-20. (Acts
1980, No. 80-658, §5-5-13.)...
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45-41-40
Section 45-41-40 Branch banks authorized. Any state or national bank whose principal place
of business is located in Lee County, Alabama, may establish, maintain, and operate additional
offices or additional branch banks for the receipt of deposits, payment of checks, lending
of money, and conduct of a general banking business in Notasulga, Macon County, Alabama, with
prior written approval of the State Superintendent of Banks in the case of a state bank or
of the Comptroller of the Currency in the case of a national bank. The authority granted in
this section may be exercised by opening a new office or by relocating some existing office.
(Act 82-239, p. 303, §1.)...
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45-22-40
Section 45-22-40 Branch banks authorized. (a) After, August 13, 1987, any established bank
which is authorized by its charter or by law to do a general banking business in Cullman County
may, with the written consent of the State Banking Department, open, establish, and operate
branch banks, branch offices, or places for doing a banking business anywhere within the county,
any other provision of law to the contrary notwithstanding. (b) Any bank situated or having
an authorized place of business in any municipality within Cullman County, may with the approval
of the Superintendent of Banks of the State of Alabama, establish, maintain, and operate branch
banks, or additional offices or places of business within such municipality in which such
bank is located, for the receipt of deposits, payment of checks, making of loans, and conducting
a general banking business. (c) The provisions of this section are cumulative and are in addition
to any other provisions of law providing for branch...
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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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5-5A-44
Section 5-5A-44 Acquisition of majority of voting shares of a bank; procedure. (a) No person,
acting directly or indirectly or through or in concert with one or more persons, may acquire
control of a state bank or of any corporation or other entity having control of a state bank,
unless an application is filed with the superintendent for review of the proposed transaction
and for his or her action, if any, as provided in this section. (b) The application shall
be on a form prescribed by the superintendent and shall be made under oath. The application
must contain all information that the superintendent by regulation requires to be furnished
in an application, as well as any information that the superintendent orders to be included
in the particular application being filed and shall be accompanied by the filing fee prescribed
by the Banking Board. For the purposes of this section, the Banking Board may reduce or waive
any prescribed fees for applications where a change of control...
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