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45-48-40
Section 45-48-40 Branch banking authorized. (a) Any bank, incorporated under the laws of this
state and having a banking office in Marshall County, and any national bank having a combined
paid in capital and earned surplus of at least two hundred thousand dollars ($200,000), shall
have the power to establish, maintain, and operate within the limits of such county, one or
more branches or branch banks, and to conduct all types of banking and trust business at such
branch or branch bank as such bank is lawfully authorized to conduct at its principal office;
provided that no branch may be established within the city limits of any incorporated municipality
having a population of 5,000 or less in accord with the present or any subsequent federal
decennial census and in which a bank is already established; and further provided that any
such branch or branch bank lawfully established under this section may continue to operate
if the population of the incorporated municipality in which it is...
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5-13B-6
Section 5-13B-6 Standards for approval. (a) In deciding whether to approve an application for
a proposed acquisition under this article, the superintendent shall consider whether the acquisition
may: (1) Be detrimental to the safety and soundness of the Alabama state bank or the Alabama
bank holding company ; (2) Result in a substantial reduction of competition in this state;
or (3) Have a significantly adverse effect on the convenience and needs of the community or
communities in this state that are served by the Alabama state bank or the Alabama bank holding
company to be acquired. (b) Except as otherwise expressly provided in this section, the superintendent
shall not approve an acquisition under this article if upon consummation of the transaction
the applicant, including any depository institution affiliated with the applicant, would control
30 percent or more of the total amount of deposits held by depository institutions in this
state. (c) The superintendent may by regulation,...
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5-1A-2
Section 5-1A-2 Definitions. For the purposes of Chapters 1A through 12A of this title, the
following terms shall have the meanings respectively ascribed to them by this section: (1)
BANK. Any banking corporation or trust company organized under the laws of this state under
the jurisdiction of the superintendent of banks of this state or organized under the laws
of the United States having its principal place of business in this state. (2) SUPERINTENDENT.
The Superintendent of Banks of this state. (3) RECEIVERSHIP COURT. The circuit court of the
county in which is located the principal office of a bank in receivership. (4) NATIONAL BANK.
A national banking association organized pursuant to 12 U.S.C. ยง 21. (5) CAPITAL. The sum
of the par value of the authorized shares of a bank which have been issued and remain outstanding.
(6) SURPLUS. The aggregate of the amounts transferred to surplus pursuant to Section 5-5A-21
and any amounts subsequently designated as such by action of the board...
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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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5-5A-22
Section 5-5A-22 Limits of indebtedness. (a) No bank shall make a loan to any one person which,
when combined with all other loans to such person, would cause total loans to that person
to exceed: (1) Ten percent of the capital accounts of the bank, if such loans are not secured,
or (2) Twenty percent of the capital accounts of the bank, if loans in excess of 10 percent
of capital are fully secured. (b) No loans which would exceed the limitation set forth in
subsection (a)(1) shall be made unless duly authorized or approved in advance by the board
of directors of the bank, a committee of the board of directors of the bank, or a loan committee,
with such authorization or approval recorded in minutes of the meeting at which the authority
was given. (c)(1) As used in this section, the term "capital accounts" shall include
capital, surplus, and undivided profits as defined in Section 5-1A-2, together with obligations
of the bank subordinated in priority upon liquidation or dissolution to...
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35-5A-2
Section 35-5A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ADULT. An individual
who has attained the age of 21 years. (2) BENEFIT PLAN. An employer's plan for the benefit
of an employee or partner, or an individual retirement account. (3) BROKER. A person lawfully
engaged in the business of effecting transactions in securities or commodities for the person's
own account or for the account of others. (4) CONSERVATOR. A person appointed or qualified
by a court to act as general, limited, or temporary guardian of a minor's property or a person
legally authorized to perform substantially the same functions. (5) COURT. Circuit court.
(6) CUSTODIAL PROPERTY. a. Any interest in property transferred to a custodian under this
chapter and b. The income from and proceeds of that interest in property. (7) CUSTODIAN. A
person so designated under Section 35-5A-10 or a successor or...
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40-14-41
Section 40-14-41 (Not Effective After December 31, 1999) Levy on foreign corporations. (a)
Amount of levy. Every corporation organized under the laws of any other state, nation, or
territory and doing business in this state, except strictly benevolent, educational, or religious
corporations, shall pay annually to the state an annual franchise tax of three dollars ($3)
on each one thousand dollars ($1,000) of the actual amount of its capital employed in this
state. Corporations which have qualified to do business in this state shall for the purpose
of this title prima facie be held to be doing business in Alabama. However, in no event shall
the amount paid by any corporation for annual franchise tax be less than the sum of twenty-five
dollars ($25). (b) Definition of capital. The total capital of such foreign corporation, herein
referred to as the "taxpayer," shall equal the aggregate net amount of the following
items determined in accordance with generally accepted accounting...
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41-14-2
Section 41-14-2 Application for designation action upon default or insolvency. Before any bank
or savings association shall be designated as a state depositary, it shall be designated as
a qualified public depository under Chapter 14A of this title, and it shall file with the
State Treasurer an application in writing to be designated as a state depositary under the
terms of this article. Such qualified public depository shall accompany such application with
a statement, verified by the affidavit of its president or other executive head, setting forth
the amount of its paid-in capital stock, the amount of its surplus and undivided profits,
its principal place of business, the length of time it has been engaged in business and its
assets and liabilities at the time of making application. In the event of the default or insolvency,
as defined in Section 41-14A-2, of any state depository, the State Treasurer shall take prompt
action to enforce the rights of the state and the State Treasurer...
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5-13B-131
Section 5-13B-131 Establishment of interstate branches in this state by out-of-state foreign
banks. (a) Except as provided in subsection (b), an out-of-state foreign bank may establish
an interstate Alabama state branch in the same manner, including by merger or other transactions
under Section 44 of the Federal Deposit Insurance Act, and comparable provisions of the laws
of this state, with Alabama banks or other institutions, as, and subject generally to the
same criteria, standards, conditions, requirements, and procedures applicable to the establishment
of interstate branches in this state by, an out-of-state bank having the same home state in
the United States, notwithstanding any provision of the laws or regulations of this state
to the contrary. (b) Notwithstanding the provisions of subsection (a), the superintendent:
(1) Shall apply to the establishment of an initial interstate Alabama state branch, and subsequent
intrastate Alabama branches, of any out-of-state foreign bank...
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5-5A-11
Section 5-5A-11 Permit to transact business - Examination; issuance and recordation of permit.
The superintendent shall, before issuing his permit to any bank to commence business under
the application provided for in Section 5-5A-1, examine or cause an examination to be made
in order to ascertain whether the requisite capital of such bank has been paid in cash. If
the superintendent shall find that the requisite capital has been paid in cash, that the certificate
of incorporation has been approved and recorded and that all other requirements for the issuance
of the permit have been met, he shall issue his permit authorizing such bank to commence business
at the place, time and under the name as stated in the application for the permit and to transact
business in this state as a bank, which permit shall be recorded in the office of the superintendent
in a book to be kept by him for that purpose, and a certified copy thereof shall be filed
and recorded at the expense of the bank in the...
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