Code of Alabama

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40-16-1
Section 40-16-1 Definitions. For the purpose of this chapter, the following terms shall have
the respective meanings ascribed to them by this section: (1) FINANCIAL INSTITUTION. Any person,
firm, corporation, and any legal entity whatsoever doing business in this state as a national
banking association, bank, banking association, trust company, industrial or other loan company
or building and loan association, and such term shall likewise include any other institution
or person employing moneyed capital coming into competition with the business of national
banks, and shall apply to such person or institution regardless of what business form and
whether or not incorporated, whether of issue or not, and by whatsoever authority existing.
The common parent corporation of a controlled group of corporations eligible to elect to file
a consolidated excise tax return, in accordance with Section 40-16-3, shall be considered
a financial institution if such parent corporation is a registered bank...
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5-2A-3
Section 5-2A-3 Superintendent - Qualifications, appointment and term of office; filling of
vacancies. The State Banking Department shall be in the charge of the superintendent, who
shall be the chief executive officer of the department. The superintendent shall be a person
of good character and shall be neither directly nor indirectly interested in, nor borrow money
from, a bank chartered under the laws of this state. Debts of the superintendent existing
at the time of his or her appointment with banks chartered under the laws of this state may
not be extended or renewed. The superintendent shall be appointed by the Governor by and with
the consent of the Senate and his or her salary shall be set by the Governor within a salary
range established by the Banking Board. The salary of any Assistant Superintendent of Banks
shall be set by the Governor within a salary range established by the Banking Board for the
position of Assistant Superintendent of Banks. Sections 36-6-5 and 36-6-6...
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5-2A-22
Section 5-2A-22 Independent audits; minimum standards; advisory committee; report in lieu of
audit. The board of directors of each state bank shall at least once in each calendar year
have an audit made of its books and affairs, including any accounts held in a fiduciary capacity,
by independent auditors approved by the superintendent. These may be separate audits. "Independent
auditors" shall include the audit staff of a correspondent bank or the audit staff of
a bank holding company, or auditors or accountants who are not employees of the bank. The
superintendent shall by regulation establish minimum standards for audits and reports, which
shall include such matters as he shall require. To assist in promulgating minimum standards
for audits and reports, the superintendent shall appoint an advisory committee of no less
than six members. Membership of the committee shall consist of auditors, as qualified in Chapters
1A through 12A of this title, who regularly perform audits in banks...
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5-6A-1
Section 5-6A-1 Directors of banks to own stock in bank; citizenship and residence of directors.
Not less than 75 percent of the directors of a bank shall, during their whole term of service,
be citizens of the United States. Every director of a bank shall be the owner and holder of
shares of stock in the bank or parent bank holding company. Every director shall hold such
shares in his or her own name, unpledged and unencumbered in any way except statutory lien
which might attach in favor of such corporation. No person convicted of a felony or a crime
involving moral turpitude shall serve as a director. At least 51 percent of the directors
of every bank shall be residents of the state. Any director at any time violating any of the
provisions of this section shall be removed from office by the board of directors or by the
superintendent when the facts are made known to the superintendent. (Acts 1980, No. 80-658,
§5-6-1; Act 98-244, p. 403, §1.)...
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5-20-4
Section 5-20-4 Establishment or acquisition of a credit card bank. Subject to the provisions
of this chapter and to the prior approval of the superintendent, any bank holding company,
bank holding company subsidiary, domestic lender or foreign lender may, either singly or jointly
with other bank holding companies, bank holding company subsidiaries, domestic lenders or
foreign lenders, establish or acquire, and own and control all the voting shares of a single
credit card bank located in Alabama when and for so long as the following conditions are satisfied:
(1) If the credit card bank is to be organized under the laws of this state, such bank shall
be organized as provided in this chapter and in the manner provided in Chapter 5A of this
title; (2) In connection with the application to organize, or to acquire control of a credit
card bank, the applicant or applicants shall pay one filing fee to the Alabama Department
of Banking in an amount not less than $15,000 to be set by the...
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37-6-16
Section 37-6-16 Conversion of existing corporation into cooperative. Any corporation organized
under the laws of this state for the purpose, among others, of supplying electric energy to
its members may be converted into a cooperative and become subject to this chapter with the
same effect as if originally organized under this chapter by complying with the following
requirements: The proposition for the conversion of such corporation into a cooperative and
proposed articles of conversion to give effect thereto shall be first approved by the board
of trustees or the board of directors, as the case may be, of such corporation. The proposed
articles of conversion shall recite in the caption that they are executed pursuant to this
chapter and shall state: The name of the corporation prior to its conversion into a cooperative;
the address of the principal office of such corporation; the date of the filing of articles
of incorporation of such corporation in the office of the secretary of...
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5-10A-15
Section 5-10A-15 Authorization and approval of reorganization of bank without receivership
liquidation. The superintendent with the concurrence of not less than two other members of
the Banking Board or any three members of the Banking Board without action by said superintendent
are hereby further authorized and empowered to approve and authorize any bank to reorganize
its business and affairs, without receivership liquidation, to such extent as may be deemed
by them proper, and any reorganization so approved and authorized shall be lawful and effective;
provided, that in no case shall the paid-in capital stock be permitted thereby to be reduced
below the minimum amount now required by law. (Acts 1980, No. 80-658, §5-10-16.)...
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5-11A-1.1
Section 5-11A-1.1 Branching of trust companies; branching of out-of-state trust companies;
reciprocity; cooperative agreements. All corporations organized under this chapter shall have
the right to establish offices in the same manner as a bank may establish branches under this
title. At the discretion of the superintendent, out-of-state trust companies and out-of-state
banks may also establish offices in this state in the same manner as out-of-state banks may
establish branches in this state provided the superintendent determines that reciprocity exists
so that an Alabama bank or trust company could establish a similar office under substantially
equivalent requirements in the home state of the out-of-state bank or trust company. The superintendent
may enter into cooperative, coordinated, and information-sharing agreements with any other
bank supervisory agencies with respect to the establishment, acquisition, periodic examination,
or other supervision of any office in this state of an...
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5-13B-88
Section 5-13B-88 Authority to act as agent. (a) An Alabama state branch or Alabama state agency
of a foreign bank licensed under this article may receive deposits, renew time deposits, close
loans, service loans, and receive payments on loans and other obligations as an agent for
any depository institution affiliate of such foreign bank, including branch, agency, and other
offices of the same foreign bank located in other states, generally in accordance with the
same terms, conditions, procedures, and requirements that are applicable under the laws and
regulations of this state to such agency activities that may be conducted by Alabama state
banks. (b) Notwithstanding any other provision of the laws or regulations of this state, an
Alabama state branch or Alabama state agency of a foreign bank acting in this state as an
agent in accordance with the provisions of this section shall not be considered to be a branch
of such other depository institution affiliate; provided, however, that...
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10A-21-2.12
Section 10A-21-2.12 Aiding of another corporation in railroad construction or entering into
line arrangements. (a) Any railroad corporation and any mining, manufacturing, or quarrying
corporation may, at any time, by means of subscription to the capital stock of any other corporation
or company or otherwise, aid the corporation or company in the construction of its railroad
for the purpose of forming a connection with the railroad or the principal place of business
or works of the corporation furnishing the aid. (b) Any corporation may purchase at judicial
sale, or otherwise hold and use or lease any part or all of the railroad constructed by another
corporation or company, together with its franchises, rights, and property, or may acquire,
hold, and use all or any part of the capital stock of another corporation chartered under
the laws of this state or any other state, if the railroad or railroads so purchased connect
with, or will, when completed, connect with the railroad works,...
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