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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5-13B-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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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-24
Section 5-13B-24 Notice and filing requirements. Any out-of-state bank that will be
the resulting bank pursuant to an interstate merger transaction involving an Alabama state
bank shall notify the superintendent of the proposed merger not later than the date on which
it files an application for an interstate merger transaction with the responsible federal
bank supervisory agency, and shall submit a copy of that application to the superintendent
and pay the filing fee, if any, required by the superintendent. Any Alabama state bank which
is a party to such interstate merger transaction shall comply with Title 5, Chapter 7A, and
with other applicable state and federal laws. Any out-of-state bank which shall be the resulting
bank in such an interstate merger transaction shall provide satisfactory evidence to the superintendent
of compliance with or exemption from Sections 10-2B-15.01 et seq. (Acts 1995, No. 95-115,
p. 134, §16.)...
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5-13B-131
Section 5-13B-131 Establishment of interstate branches in this state by out-of-state
foreign banks. (a) Except as provided in subsection (b), an out-of-state foreign bank may
establish an interstate Alabama state branch in the same manner, including by merger or other
transactions under Section 44 of the Federal Deposit Insurance Act, and comparable
provisions of the laws of this state, with Alabama banks or other institutions, as, and subject
generally to the same criteria, standards, conditions, requirements, and procedures applicable
to the establishment of interstate branches in this state by, an out-of-state bank having
the same home state in the United States, notwithstanding any provision of the laws or regulations
of this state to the contrary. (b) Notwithstanding the provisions of subsection (a), the superintendent:
(1) Shall apply to the establishment of an initial interstate Alabama state branch, and subsequent
intrastate Alabama branches, of any out-of-state foreign bank...
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5-5A-20
Section 5-5A-20 Branch banks; commercial affiliates. (a) Alabama banks may establish
a branch or office for the transaction of the banking business within the State of Alabama
upon prior approval of the superintendent. Alabama banks may establish a branch or office
for the transaction of a banking business in any state other than Alabama, any territory of
the United States, or in any foreign country in accordance with the provisions of federal
law, the laws of the other state, territory, or foreign country and upon the prior approval
of the superintendent. (b) All laws or parts of laws, whether general, local, or general laws
of local applications, which conflict with this section are hereby repealed to the
extent of such conflict. (c) Neither an Alabama bank nor an out-of-state bank may establish
or maintain a branch or office for the transaction of the banking business in Alabama on the
premises of a commercial affiliate of the bank. For purposes of this section, commercial
affiliate...
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5-13B-6
Section 5-13B-6 Standards for approval. (a) In deciding whether to approve an application
for a proposed acquisition under this article, the superintendent shall consider whether the
acquisition may: (1) Be detrimental to the safety and soundness of the Alabama state bank
or the Alabama bank holding company ; (2) Result in a substantial reduction of competition
in this state; or (3) Have a significantly adverse effect on the convenience and needs of
the community or communities in this state that are served by the Alabama state bank or the
Alabama bank holding company to be acquired. (b) Except as otherwise expressly provided in
this section, the superintendent shall not approve an acquisition under this article
if upon consummation of the transaction the applicant, including any depository institution
affiliated with the applicant, would control 30 percent or more of the total amount of deposits
held by depository institutions in this state. (c) The superintendent may by regulation,...

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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state,
shall execute a compact, in substantially the following form, with the State of Mississippi,
and the Legislature approves and ratifies the compact in the form substantially as follows:
Northeast Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states
solemnly agree: Article I. The purpose of this compact is to promote and develop trade, commerce,
industry, and employment opportunities for the public good and welfare in northeast Mississippi
and northwest Alabama through the establishment of a joint interstate authority to acquire
certain railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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5-13B-111
Section 5-13B-111 Asset maintenance. (a) Each foreign bank which is licensed to establish
and maintain an Alabama state branch or Alabama state agency shall hold in this state currency,
bonds, notes, debentures, drafts, bills of exchange, or other evidences of indebtedness, including
loan participation agreements or certificates, or other obligations payable in the United
States or in United States funds or, with the prior approval of the superintendent, in funds
freely convertible into United States funds, or such other assets as the superintendent shall
by regulation or order permit, in an amount which shall bear such relationship as the superintendent
shall by regulation or order prescribe to liabilities of such foreign bank payable at or through
its Alabama state branch or Alabama state agency, including acceptances, but excluding amounts
due and other liabilities to other offices, agencies, or branches of, and wholly owned, except
for a nominal number of directors' shares,...
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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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