Code of Alabama

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5-3A-8
Section 5-3A-8 Reports of superintendent and bank examiners as to examinations; publication
of reports of examination for limited purposes. Each examiner shall report under oath to the
superintendent the result of each examination made by him, which report the superintendent
shall keep on file in his office for a period of not less than two years from the time of
the making of such report. The superintendent shall have the power, and he is hereby authorized,
to publish the report of his examination of any bank or any affiliate of a bank which shall
not within 120 days after notification of the recommendations or suggestions of the superintendent,
based on said examination, have complied with the same to his satisfaction. Ninety days' notice
prior to such publication shall be given to the bank or affiliate of a bank. (Acts 1980, No.
80-658, §5-3-8.)...
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5-27-2
Section 5-27-2 (Effective January 1, 2018) Definitions. When used in this chapter, the following
words and phrases shall have the following meanings: (1) APPROPRIATE STATE OR FEDERAL REGULATORY
AGENCY. The state or federal agency that is statutorily responsible for the supervision of
all or part of the operations of a participating financial institution. (2) DEPOSITOR. An
individual member or customer of a financial institution who meets all of the following requirements:
a. Maintains a qualifying account at a financial institution participating in a savings promotion
contest. b. Is in good standing at a financial institution authorized to do business in Alabama.
c. Is 18 years of age or older. (3) ENTRY. A chance or chances obtained by a depositor to
win a designated prize or prizes in a savings promotion contest by complying with the terms
and conditions of a savings promotion contest. (4) FINANCIAL INSTITUTION. A bank, savings
institution, or credit union authorized to do business...
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5-13B-105
Section 5-13B-105 Confidentiality of examination reports. (a) All reports of examinations and
investigations, correspondence, and memoranda concerning or arising out of such examinations
and investigations, including any duly authenticated copy or copies thereof in the possession
of any foreign bank, shall not be subject to subpoena and shall not be made public unless,
in the judgment of the superintendent, the public advantage will be served by the publication
thereof, in which event the superintendent may publish or authorize the publication of a copy
of any such report or any part thereof in such manner as may be deemed proper. (b) For the
purposes of this section, reports of examinations shall include reports of examinations conducted
by any bank supervisory agency which are considered confidential by such agency and which
are in possession of the superintendent. (Acts 1995, No. 95-115, p. 134, §53.)...
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5-3A-34
Section 5-3A-34 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE APRIL 4, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Examination reports of
service providers created or obtained by the superintendent or State Banking Department are
confidential subject to Sections 5-3A-3 and 5-3A-11. The superintendent may furnish a copy,
or portions thereof, of a report of any examination performed by the superintendent of the
performance, condition, and affairs of any service provider and any other information obtained
through examination of the service provider to entities as provided in Section 5-3A-3, including
the board of directors of the serviced bank, under the same terms and with the same limitations
as set forth for other examination reports, data, and information under Section 5-3A-3. Additionally,
the superintendent may furnish copies of his or her reports of examination, and any other
information obtained through examination of the service...
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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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22-36-3
Section 22-36-3 Rules and regulations governing underground storage tanks. The department,
acting through the commission, is authorized to promulgate rules and regulations governing
underground storage tanks and is authorized to seek the approval of the United States Environmental
Protection Agency to operate the state underground storage tank program in lieu of the federal
program. In addition to specific authorities provided by this chapter, the department is authorized,
acting through the commission, to adopt any rules or regulations that are mandatory requirements
for approval of the State Underground Storage Tank Regulatory Program by the United States
Environmental Protection Agency. Adoption of rules and regulations governing underground storage
tanks shall not occur prior to adoption by the United States Environmental Protection Agency
of regulations establishing the federal program. (1) The department, acting through the commission,
is authorized to promulgate rules and...
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45-28-40
Section 45-28-40 Banks. Any bank, whether incorporated or unincorporated, within the state,
now or hereafter situated in, or having a branch in, Etowah County, shall have the power to
establish, maintain, and operate within the limits of the county, where a place of business
of such bank is situated, one or more branches or branch banks, branch offices, branch agencies,
additional offices or branch places of business for the receipt of deposits, payment of checks,
lending of money, and the conduct of a general banking and trust business, provided that such
bank, before the establishment of any such branch or branches, shall first secure the written
consent of the State Superintendent of Banks and meet the requirements of the appropriate
regulatory banking authorities. Provided, however, that any branch bank established under
this section shall be within the corporate limits of a municipality, in Etowah County and,
where the population of the municipality was less than 3,000 persons...
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5-13B-87
Section 5-13B-87 Fiduciary activities. (a) No foreign bank which is licensed to establish and
maintain an Alabama state branch or Alabama state agency shall engage in fiduciary activities
at such office unless such foreign bank shall have first obtained a certificate of authority
from the superintendent to engage in fiduciary activities at such office. (b) An application
to obtain a certificate of authority to engage in fiduciary activities shall be in such form
and contain such information, and be accompanied by such reasonable fee, as the superintendent
may require by regulation. The superintendent shall issue a certificate of authority to engage
in fiduciary activities to a foreign bank making an application under this section if he or
she finds that such foreign bank will exercise fiduciary powers in accordance with the laws
and regulations of this state. (c) A foreign bank which holds a certificate of authority issued
under this section may engage at its Alabama state branch or...
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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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5-8A-24
Section 5-8A-24 Appointment of receiver to liquidate bank. The superintendent may under his
or her hand and official seal appoint a receiver to liquidate and distribute the assets of
any bank taken possession of by the superintendent under the provisions of this chapter, the
certificate of appointment to be filed in the office of the superintendent and a certified
copy in the office of the probate judge in the county in which the principal office of such
bank is located. The receiver may be the Federal Deposit Insurance Corporation or any other
agency or corporation created by the United States to act in such capacity or any person selected
by the superintendent; provided, however, no examiner shall be appointed receiver of any bank
whose books, papers, and affairs the examiner shall have examined within one year next preceding
the appointment of such receiver. Any receiver appointed other than the Federal Deposit Insurance
Corporation, or any other agency or corporation created by the...
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