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5-13B-11
Section 5-13B-11 Authority to issue regulations; cooperative agreements; fees. In order to
carry out the purposes of this title, in addition to and cumulative with the authority and
powers of the superintendent set forth elsewhere in this title, the superintendent may: (1)
Adopt regulations; (2) Enter into cooperative, coordinating, or information-sharing agreements
with any other bank supervisory agency or any organization affiliated with or representing
one or more bank supervisory agencies; (3) Accept any report of examination or investigation
by another bank supervisory agency having concurrent jurisdiction over an Alabama state bank
or a bank holding company that controls an Alabama state bank in lieu of conducting the superintendent's
own examination or investigation of such bank holding company or bank; (4) Enter into contracts
with any bank supervisory agency having concurrent jurisdiction over an Alabama state bank
or a bank holding company that controls an Alabama state bank...
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5-3A-11
Section 5-3A-11 Reports of examination; meetings of Banking Board; confidentiality. All reports
of examination, records reflecting action of a bank or bank holding company, or affiliate
of either, taken pursuant thereto, and records and minutes of meetings of the Banking Board
relating to a bank or several banks or a bank holding company, or affiliate of either, shall
be confidential and shall not be subject to subpoena or inspection except by subpoena from
a grand jury served on the superintendent. (Acts 1980, No. 80-658, §5-3-11; Act 2011-589,
p. 1306, §1; Act 2013-352, p. 1261, §1.)...
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5-8A-20
Section 5-8A-20 Proceedings of superintendent before banking board as to defaults or misconduct
of bank. Whenever it shall appear to the superintendent that any bank has violated its charter
or any law of the state, or is conducting business in any unauthorized manner, or that the
bank may suspend payment of its obligations, or if its capital is impaired and not made good
under the requirement of the superintendent within the required time, or if any such bank
or an affiliate of such bank as defined in Section 5-3A-1 shall refuse to submit its papers,
books, and concerns to the inspection of the superintendent or any examiner, or if any officer
thereof shall refuse to be examined on oath touching the conducting of any such bank, or if
any such bank shall suspend payment of its obligations, or if from any examination the superintendent
shall have reason to conclude that such bank is in an unsound or unsafe condition to transact
the business for which it was organized, or that it is...
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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-1
Section 5-3A-1 Required times; items to be examined; applicability to bank holding companies
and affiliates. (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) Every bank other than national
banks shall be subject to the supervision and inspection of the superintendent and the regulations
and supervision thereof. The superintendent shall, by competent examiner appointed by him
or her, visit and examine every bank organized under the laws of Alabama at least once in
each eighteen-month period. The examination of banks shall be at irregular intervals. On every
examination, inquiry shall be made as to the conditions and resources of the bank, the mode
of conducting and managing the affairs of the bank, the action of its directors, the investment
of the funds of the bank, the safety and prudence of the...
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5-5A-5
Section 5-5A-5 Procedure for incorporation - Filing of objections to incorporation of proposed
bank; investigation of objections. Any bank doing business in the community or any reputable
citizen in the community may file with the superintendent an objection to the incorporation
of the proposed bank, provided that the superintendent may refuse to accept objections after
15 days from the last date of publication of the notice of intention to incorporate. If such
objection is filed, the superintendent shall thoroughly and specifically inquire into and
investigate the objections. The superintendent in his investigation may summon witnesses to
appear before him, and may administer oaths to such witnesses, and may examine such witnesses
under oath. The superintendent may in his discretion disclose in confidence to the proposed
incorporators such information which relates to the proposed bank as he deems appropriate
and the superintendent and employees of the Banking Department shall be...
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7-4A-304
Section 7-4A-304 Duty of sender to report erroneously executed payment order. If the sender
of a payment order that is erroneously executed as stated in Section 7-4A-303 receives notification
from the receiving bank that the order was executed or that the sender's account was debited
with respect to the order, the sender has a duty to exercise ordinary care to determine, on
the basis of information available to the sender, that the order was erroneously executed
and to notify the bank of the relevant facts within a reasonable time not exceeding 90 days
after the notification from the bank was received by the sender. If the sender fails to perform
that duty, the bank is not obliged to pay interest on any amount refundable to the sender
under Section 7-4A-402(d) for the period before the bank learns of the execution error. The
bank is not entitled to any recovery from the sender on account of a failure by the sender
to perform the duty stated in this section. (Acts 1992, 2nd Ex. Sess.,...
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12-10-5
Section 12-10-5 When recommendations may be submitted to Legislature; recommendations to become
law upon adjournment of legislative session to which submitted unless rejected or altered
by legislative act; recordation and publication thereof. (a) The commission may submit recommendations
in the form of a report to the Legislature at any time within the first five calendar days
of any session. (b) Unless rejected by a joint resolution or altered by act of the Legislature
at the session to which the report is submitted, the recommendations of the commission shall
become law upon the adjournment of that session of the Legislature. (c) Upon adjournment,
the recommendations that have become law shall become effective immediately and shall be recorded
and published as other laws. (Acts 1975, No. 1205, p. 2384, §12-105.)...
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16-41-10
Section 16-41-10 Report of status of program by State Superintendent of Education. The State
Superintendent of Education shall, at least 30 days prior to the 1973 Regular Session and
each regular session thereafter, transmit to the members of the state board, the President
of the Senate, the Speaker of the House, the Chairman of the Senate and the Chairman of the
House Education Committees a report as to the status of the drug abuse education program together
with any recommendations for further improvement or modification. (Acts 1971, No. 1934, p.
3122, §10.)...
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5-2A-20
Section 5-2A-20 Assessment of banks - When payable; amount; disposition of revenue. Each bank
shall on the call of the superintendent pay to the State Banking Department an assessment
fee based on the total resources of the bank as may be shown by its last report to the State
Banking Department. The rate of such assessment shall be in an amount fixed by the superintendent
and approved by the Banking Board and the assessment may be made more frequently than annually.
All assessments and other fees or penalties collected pursuant to this title by the State
Banking Department shall be paid into a special fund to be set up by the State Treasurer.
The special fund shall be used to pay the salaries of the officials and employees and the
expenses of the State Banking Department, including the purchase of equipment, vehicles, and
supplies necessary for the examination and supervision of banks, and all moneys deposited
therein are hereby appropriated for that purpose. The expenses of all...
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