5-3A-5
Section 5-3A-5 Examination of agency of foreign banks. The superintendent shall have the power
to examine or cause to be examined every agency located in this state of any foreign bank
for the purpose of ascertaining whether it has violated any law of the state and for such
other purposes and to such other matters as the superintendent may prescribe. (Acts 1980,
No. 80-658, §5-3-5.)...
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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-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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5-3A-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-110
Section 5-13B-110 Pledge of assets. (a) Each foreign bank which is licensed to establish and
maintain an Alabama state branch or Alabama state agency shall keep on deposit, in accordance
with such regulations or orders as the superintendent shall promulgate, with such unaffiliated
Alabama banks as such foreign bank may designate and the superintendent may approve, interest-bearing
stocks and bonds, notes, debentures, or other obligations of the United States or any agency
or instrumentality thereof, or guaranteed by the United States, or of this state, or of a
city, county, town, village, school district, or instrumentality of this state or guaranteed
by this state, or dollar deposits, or obligations of the International Bank for Reconstruction
and Development, or obligations issued by the InterAmerican Development Bank, or obligations
of the Asian Development Bank, or obligations issued by the African Development Bank, or such
other assets as the superintendent shall by regulation or...
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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-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-83
Section 5-13B-83 Application to establish and maintain a branch or agency - Manner of filing
and determination. (a) A foreign bank making an application under this article for a license
to establish and maintain an Alabama state branch or Alabama state agency shall deliver to
the superintendent: (1) At least two, or more as the superintendent may require by regulation,
duplicate originals of the foreign bank's application; and (2) At least two, or more as the
superintendent may require by regulation, copies of its charter or articles of incorporation
and all amendments thereto, duly authenticated by the proper officer of the country of such
foreign bank's organization. (b) The superintendent shall issue a license to a foreign bank
to establish and maintain an Alabama state branch or Alabama state agency if he or she finds
that: (1) The foreign bank is of good character and sound financial standing; (2) The management
of the foreign bank and the proposed management of the Alabama state...
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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-102
Section 5-13B-102 Examination; payment of fees. (a) An Alabama state branch, Alabama state
agency, or Alabama representative office shall be subject to examination by the superintendent
at such intervals and in such a manner as he or she shall establish by regulation or order.
(b) In conducting an examination pursuant to this section, the superintendent shall: (1) Have
full access to the offices, books, accounts, and records of each office located in this state,
as well as all of the books, accounts, and records maintained in this state of any office
not located in this state of such foreign bank; and (2) Have authority to require the attendance
of and to examine under oath all persons whose testimony may be required relative to the activities
of such office. (c) A foreign bank which is licensed to establish and maintain an Alabama
state branch, Alabama state agency, or Alabama representative office shall be assessed a reasonable
fee for the expenses incurred by the superintendent in...
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