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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5-13B-26
Section 5-13B-26 Examinations; periodic reports; cooperative agreements; assessment of fees.
(a) To the extent consistent with subsection (c), the superintendent may make such examinations
of any branch established and maintained in this state pursuant to this article by an out-of-state
state bank as the superintendent may deem necessary to determine whether the branch is being
operated in compliance with the laws of this state and in accordance with safe and sound banking
practices. The provisions of Chapter 3A, Title 5, shall apply to such examinations. (b) The
superintendent may prescribe requirements for periodic reports regarding any out-of-state
bank that operates a branch in Alabama pursuant to this article. The required reports shall
be provided by such bank or by the bank supervisory agency having primary responsibility for
such bank. Any reporting requirements prescribed by the superintendent under this subsection
shall be (1) consistent with the reporting requirements...
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5-13B-27
Section 5-13B-27 Enforcement. If the superintendent determines that a branch maintained by
an out-of-state state bank in this state is being operated in violation of any provision of
the laws of this state, or that such branch is being operated in an unsafe and unsound manner,
the superintendent shall have the authority to take all such enforcement actions as he or
she would be empowered to take if the branch were an Alabama state bank; provided that the
superintendent shall promptly give notice to the home state regulator of each enforcement
action taken against an out-of-state state bank and, to the extent practicable, shall consult
and cooperate with the home state regulator in pursuing and resolving the enforcement action.
(Acts 1995, No. 95-115, p. 134, §19.)...
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5-20-3
Section 5-20-3 Definitions. Notwithstanding any other provision of law, for the purposes of
this chapter, the following terms shall have the meanings prescribed by this section: (1)
ALABAMA BANK. A bank which is organized under the laws of this state or of the United States
and which has its principal place of business in this state. (2) BANK. Any "insured bank"
as such term is defined in Section 3(h) of the Federal Deposit Insurance Act, 12 U.S.C. §1813(h).
(3) BANK HOLDING COMPANY. Any company which is a bank holding company under the Bank Holding
Company Act of 1956, as amended, 12 U.S.C. §1841(a). (4) CREDIT CARD. Any type of arrangement
or agreement pursuant to which any domestic lender or credit card bank, whether directly or
indirectly through any domestic lender acting as its agent, gives a debtor the privilege of
using a credit card or other credit confirmation, device or instrument of any type in transactions
out of which debt arises: a. By the domestic lender or credit...
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5-13B-8
Section 5-13B-8 Reports; examinations. (a) To the extent specified by the superintendent by
regulation, order, or written request, each bank holding company that directly or indirectly
controls an Alabama state bank or an Alabama bank holding company, or the home state regulator
of such company, shall submit to the superintendent: (1) One or more copies of each financial
report filed by such company with any bank supervisory agency, except for any report the disclosure
of which would be prohibited by applicable federal or state law, within 15 days after the
filing thereof with such agency; and (2) An annual report, not later than April 15 of each
year for each bank and branch in the state controlled by the bank holding company containing
the following information: a. The location; b. The amount of deposits held as of the end of
the preceding calendar year; and c. The amount of loans made during the preceding calendar
year to individuals and entities with addresses in this state. (b) At...
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5-2A-12
Section 5-2A-12 Superintendent - Order to correct unsafe and unsound matters; penalties; procedure.
(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 may order a bank, a
bank holding company, the board of directors, any director or directors, and any officer or
officers of any bank or bank holding company, individually or collectively (hereafter affected
person, whether one or more) to correct any matters in the conduct of the affairs of the bank
which in the opinion of the superintendent are unsafe and unsound. The Banking Board, after
at least 20 days' written notice by the superintendent to the bank and any affected person,
and a hearing before the Banking Board, may direct the superintendent to issue an order that
imposes civil money penalties on the bank or bank holding company...
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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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5-13B-62
Section 5-13B-62 Citizenship and residency requirements for directors of state banks. Notwithstanding
any other provision of the laws and regulations of this state, the citizenship and residency
requirements otherwise applicable to members of the board of directors of any Alabama bank
may, in the case of an Alabama bank which is a subsidiary or affiliate of a foreign bank,
be waived by the superintendent in his or her discretion upon application by the controlling
shareholder of the Alabama bank; provided that at least a majority of the directors shall
be citizens of the United States and at least 25 percent of the directors shall be residents
of this state. (Acts 1995, No. 95-115, p. 134, §27.)...
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2-10-27
Section 2-10-27 Authority to acquire stock and execute mortgages. All cooperative agricultural
associations of any kind or character whatsoever, heretofore or hereafter organized under
the laws of the State of Alabama, are hereby authorized and empowered to purchase or otherwise
acquire and to hold stock in the New Orleans Bank for Cooperatives and in the Central Bank
for Cooperatives in accordance with the provisions of the Farm Credit Act of 1971, as heretofore
amended and as it may hereafter be amended by the Congress of the United States. All corporations,
heretofore or hereafter organized under the laws of the State of Alabama, which are eligible
to borrow from production credit associations, are hereby authorized and empowered to purchase
or otherwise acquire and to hold stock in production credit associations in accordance with
the provisions of the Farm Credit Act of 1971, as heretofore amended and as it may hereafter
be amended by the Congress of the United States....
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5-7A-61
Section 5-7A-61 Definitions. As used in this article, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) SAVINGS INSTITUTION.
A savings and loan association or savings bank organized under the laws of this state or organized
under the laws of the United States and having its principal place of business in this state,
whether a "capital stock saving institution" which is authorized to issue capital
stock, or a "mutual savings institution," shares of which are owned by its members.
(2) RESULTING BANK. The state chartered bank that results from conversion of a savings institution
to a state chartered bank pursuant to this article. (3) SUPERINTENDENT. The Superintendent
of Banks for the State of Alabama. (4) STATE CHARTERED BANK. A bank the same as if such bank
were incorporated, chartered and permitted to do business, all as provided in Section 5-5A-1
et seq. (5) PLAN OF CONVERSION. That written document containing all...
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