Code of Alabama

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5-13B-96
Section 5-13B-96 Appointment of superintendent as agent for service of process. (a) 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 an instrument irrevocably
appointing the superintendent and his or her successors in office to be such foreign bank's
agent, representative, and attorney to receive service of any lawful process in any judicial
or administrative proceeding against the foreign bank or any of its successors which arises
out of the foreign bank's activities in this state after such appointment has been filed,
with the same force and validity as if served directly on the foreign bank or its successor,
as the case may be. Such appointment shall be in such form and contain such information as
the superintendent may require by regulation or order. (b) Any foreign bank which establishes
an Alabama state branch, Alabama state agency, or Alabama...
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5-13B-93
Section 5-13B-93 Representative office - Revocation of license. The superintendent, after notice
and opportunity for a hearing, may revoke a license to establish and maintain an Alabama representative
office if he or she finds: (1) The foreign bank has violated any provision of this article
or any other law, rule, or regulation of this state; or (2) Any fact or condition exists which,
if it had existed at the time of the foreign bank's original application for such license,
would have resulted in the superintendent's refusal to issue such license to the foreign bank.
(Acts 1995, No. 95-115, p. 134, §41.)...
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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-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-90
Section 5-13B-90 Representative office - Application. (a) The application for a license to
establish and maintain an Alabama representative office shall be in writing under oath and
shall be in such form and contain such information as the superintendent may require by regulation
or order. The application shall be accompanied by a reasonable fee as the superintendent may
establish by regulation. (b) The superintendent shall require a foreign bank to include as
part of its application to establish and maintain an Alabama representative office an instrument
irrevocably appointing the superintendent and his or her successors in office to be such foreign
bank's agent, representative, and attorney to receive service of any lawful process in any
proceeding against such foreign bank or any of its successors which arises out of a transaction
with its Alabama representative office, with the same force and validity as if served on the
foreign bank or its successor, as the case may be. Such...
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5-20-4
Section 5-20-4 Establishment or acquisition of a credit card bank. Subject to the provisions
of this chapter and to the prior approval of the superintendent, any bank holding company,
bank holding company subsidiary, domestic lender or foreign lender may, either singly or jointly
with other bank holding companies, bank holding company subsidiaries, domestic lenders or
foreign lenders, establish or acquire, and own and control all the voting shares of a single
credit card bank located in Alabama when and for so long as the following conditions are satisfied:
(1) If the credit card bank is to be organized under the laws of this state, such bank shall
be organized as provided in this chapter and in the manner provided in Chapter 5A of this
title; (2) In connection with the application to organize, or to acquire control of a credit
card bank, the applicant or applicants shall pay one filing fee to the Alabama Department
of Banking in an amount not less than $15,000 to be set by the...
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5-13B-103
Section 5-13B-103 Supervision and enforcement. (a) The superintendent shall have all of the
powers granted to him or her by the laws of this state to the extent appropriate to enable
him or her to supervise each Alabama state branch, Alabama state agency, or Alabama representative
office. (b) If, after notice and a hearing, the superintendent finds that any person has violated
any provision of this article or of any regulation or order issued under this article, he
or she may, in addition to any other remedy or action available to the superintendent under
the laws of this state, order such person to pay to the superintendent a civil penalty in
such a manner and in such an amount as the superintendent shall determine in accordance with
the laws of this state and regulations thereunder. (c) In order to carry out the purposes
under this article, the superintendent may: (1) Enter into cooperative, coordinating, or information-sharing
agreements with any other bank supervisory agency or any...
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5-13B-108
Section 5-13B-108 Disclosure of lack of deposit insurance. Each foreign bank which is licensed
to establish and maintain an Alabama state branch or Alabama state agency shall, in a manner
established by the superintendent by regulation or order, give notice that deposits and credit
balances in such office are not insured by the Federal Deposit Insurance Corporation. (Acts
1995, No. 95-115, p. 134, §56.)...
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5-13B-82
Section 5-13B-82 Application to establish and maintain a branch or agency - Contents. (a) A
foreign bank, in order to procure a license under this article to establish and maintain an
Alabama state branch or Alabama state agency shall submit an application to the superintendent.
Such application shall contain: (1) The same information as required by the Board of Governors
of the Federal Reserve System for an application to establish a branch or agency, as the case
may be, in the United States; and (2) Such additional information as the superintendent may
require by regulation or order. (b) In addition to the information required to be included
in an application for a license to establish and maintain an Alabama state branch or Alabama
state agency listed in subsection (a), the superintendent may as he or she deems necessary
or appropriate require a foreign bank to include as part of such an application an instrument
irrevocably appointing the superintendent and his or her successors in...
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5-5A-1
Section 5-5A-1 Procedure for incorporation - Application for permit. (a) The proposed incorporators
of a bank shall execute and acknowledge an application for a permit in writing in the form
prescribed by the superintendent and shall file the same in the office of the State Banking
Department, which application shall be signed by all of the incorporators requesting a certificate
authorizing the proposed bank to transact business at the place, time and under the name stated
in said application. (b) At the time of filing said application, the applicant shall pay to
the superintendent a filing fee. (c) The application shall name at a minimum five directors,
and a majority of all directors shall be outside directors unless a written waiver is obtained
from the superintendent. A director shall be deemed to be an outside director if the director
will not serve as an officer, other than the chair, or an employee of the bank. (d) The application
shall name a chair, chief executive officer, a...
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