5-13B-98
Section 5-13B-98 Filing of amendments to articles of incorporation. A foreign bank which is
licensed to maintain an Alabama state branch or Alabama state agency, whenever its articles
of incorporation are amended, shall forthwith file in the office of the superintendent a copy
of such amendment duly authenticated by the proper officer of the country of such foreign
bank's organization, but the filing thereof may not of itself enlarge or alter the purpose
or purposes for which such foreign bank is authorized to pursue in the transaction of its
business in this state, nor authorize such foreign bank to transact business in this state
under any name other than the name set forth in its license, nor extend the duration of its
corporate existence. (Acts 1995, No. 95-115, p. 134, §46.)...
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5-5A-8
Section 5-5A-8 Procedure for incorporation - Refusal to permit incorporation; appeal from refusal
to Banking Board. If the superintendent is of the opinion from his investigation that the
character and general fitness of the persons named as stockholders or executive officers are
such as not to command the confidence of the community in which such bank is proposed to be
located or that there is not a sufficient business to support said bank in said community
or that the convenience or needs of said community shall not be served, he shall issue under
his hand and official seal, a refusal to permit the incorporation of the proposed bank and
a copy of his refusal shall be filed in the superintendent's office, and the refusal and the
proposed certificate of incorporation shall be returned to the proposed incorporators or their
agent. No right of appeal to the Banking Board exists except upon refusal of the superintendent
to permit incorporation. Any proposed stockholder or individual may...
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45-27-60.09
Section 45-27-60.09 Persons in county having knowledge of certain deaths. Any person in the
county having knowledge concerning a death occurring under the categories defined in Section
45-27-60.04 shall promptly report the death to the County Medical Examiner of Escambia County
or to any law enforcement agency that in turn shall promptly report the death to the County
Medical Examiner of Escambia County. Each death reportable to the county medical examiner
shall be reported whether the cause is known or suspected, primary or contributory, or recent,
delayed, or remote. No one shall disturb or remove the body or human remains until authorized
by the county medical examiner except for the purpose of preserving the body or remains from
loss or destruction. Except as otherwise provided by law, any person who knowingly fails to
make the report or withholds related medical or other evidence, or willfully alters the body
or related evidence without authority of the county medical examiner...
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45-49-171.68
Section 45-49-171.68 Reporting of death; violations. It shall be the duty of any person in
the county having knowledge concerning a death occurring under the categories defined in Section
45-49-171.63 to report such death promptly to the County Medical Examiner of Mobile County
or to any law enforcement agency who, in turn, shall promptly report the same to the County
Medical Examiner of Mobile County. Deaths reportable to the county medical examiner must be
reported whether the cause is known or suspected, primary or contributory, or recent, delayed,
or remote. No one shall disturb or remove the body or human remains until authorized by the
county medical examiner except for the purpose of preserving such body or remains from loss
or destruction. Any person who knowingly fails to make such report or withholds related medical
or other evidence, or willfully alters the body or related evidence without authority of the
county medical examiner and outside the exceptions stated, shall be...
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5-13B-82
Section 5-13B-82 Application to establish and maintain a branch or agency - Contents. (a) A
foreign bank, in order to procure a license under this article to establish and maintain an
Alabama state branch or Alabama state agency shall submit an application to the superintendent.
Such application shall contain: (1) The same information as required by the Board of Governors
of the Federal Reserve System for an application to establish a branch or agency, as the case
may be, in the United States; and (2) Such additional information as the superintendent may
require by regulation or order. (b) In addition to the information required to be included
in an application for a license to establish and maintain an Alabama state branch or Alabama
state agency listed in subsection (a), the superintendent may as he or she deems necessary
or appropriate require a foreign bank to include as part of such an application an instrument
irrevocably appointing the superintendent and his or her successors in...
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5-2A-13
Section 5-2A-13 Superintendent - Annual report to Governor; publication and distribution, etc.
The superintendent shall make from the reports of the department during the year an annual
report to the Governor on the activities of the banking department and such other information
as the Governor may request and shall keep on file as a public record in the superintendent's
office a copy thereof. The board may print for public distribution such annual report and
such other material as it deems suitable for the more effective administration of departmental
business. (Acts 1980, No. 80-658, §5-2-15.)...
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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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5-3A-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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5-2A-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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5-5A-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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