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-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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5-20-7
Section 5-20-7 Supervision and enforcement. (a) All credit card banks organized under the laws
of this state shall be subject to the supervision, regulation, and examination of the superintendent
and the superintendent shall have all enforcement powers with respect thereto as are provided
in this title. (b) In the event any credit card bank does not conduct its business consistent
with the provisions of Section 5-20-4, the superintendent may require such credit card bank
to cease all unauthorized activities, and may issue cease and desist orders and exercise any
other rights or powers provided by this title, including, but not limited to, seeking equitable
or legal remedies. In the event such credit card bank fails to abide by any order or written
agreement with the superintendent, the superintendent may in addition to all other rights,
remedies, and powers it may have under this title: (1) Impose upon the credit card bank or
any of its controlling or investor bank holding companies,...
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16-13A-4
Section 16-13A-4 Appointment; removal of chief school financial officer; qualifications. (a)
In consultation with the local superintendent of education, the local board of education shall
appoint a chief school financial officer who shall be an employee of the board. (b)(1) If
the position of chief school financial officer is vacant for 30 days and the local board is
not actively seeking to fill the position, the State Superintendent of Education may designate
a chief school financial officer for a period of not more than one year, which may be extended
from year to year, unless and until the local board appoints a person who meets the established
qualifications. In addition, the State Superintendent of Education shall designate a chief
school financial officer if the position has been vacant for more than 60 days. (2) A person
designated as chief school financial officer by the State Superintendent of Education may
not be unilaterally removed from that position by the local board of...
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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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5-27-2
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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5-3A-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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5-3A-14
Section 5-3A-14 Semiannual report by banks - Form; publication; penalty for late report. Each
report required by Section 5-3A-12 shall exhibit in detail and under appropriate head the
resources and liabilities of each bank at the close of business on any past day specified
by the superintendent, not more than five days prior to the issue of the superintendent's
call, which day for report shall be uniform throughout the state and shall be transmitted
by the bank to the superintendent within 30 days after the receipt of a request or requisition
therefor from him, and the same shall be published once by the bank in a newspaper in the
city or town in which the bank is located, at the expense of said bank. If no newspaper is
published in the town where the bank is located, publication must be made in a newspaper published
in the nearest city. Proof of such publication shall be furnished by the bank to the superintendent
in such manner as may be required by him, including the clippings of...
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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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5-8A-1
Section 5-8A-1 Liquidation of solvent banks. Any solvent bank may dissolve under the provisions
of Alabama law relating to voluntary dissolution of a business corporation provided that the
superintendent has given his written approval to such dissolution. The superintendent may
require the directors to give bond in an amount fixed by him with surety or sureties to be
approved by him, payable to the State of Alabama, for the protection of the superintendent
and all other persons interested; provided, however, the amount of any such bond required
shall not be greater than the total liability of the bank to its depositors and other creditors.
Upon receipt of the written approval of the superintendent of the statutory dissolution procedures,
it shall be unlawful for said bank to receive any further deposits. (Acts 1980, No. 80-658,
§5-8-1.)...
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