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5-5A-9
Section 5-5A-9 Procedure for incorporation - Judicial review. Nothing in this chapter shall
be construed to prevent the Circuit Court of Montgomery County, as provided by law, from reviewing
and reversing either the action of the Banking Board in granting or refusing a charter or
permitting the organization of a new bank or the action of the superintendent in granting
a charter or permitting the organization of a new bank. Written notice of appeal must be filed
with that court within 28 days of the order from which the appeal is taken. Upon proper proceedings,
the court, after full hearing of the matters at issue, shall enter an order or judgment reversing
or affirming the order appealed. The granting of a charter or permit by the superintendent
or granting or refusal to grant a charter or permit by the Banking Board shall be taken as
prima facie just and reasonable. (Acts 1980, No. 80-658, §5-5-9.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-5A-9.htm - 1K - Match Info - Similar pages
5-7A-62
Section 5-7A-62 Application to convert charter; written plan of conversion; authorizing resolution;
submission to superintendent; fee; tentative approval; vote of stockholders or members; directors;
articles of incorporation and bylaws; statement of superintendent's objections; amendment;
appeal of disapproval; application to FDIC; final approval and permit. Any savings institution
may apply to the superintendent for permission to convert its charter in order to do business
as a state chartered bank in accordance with the following procedures: (1) The board of directors
shall approve a written plan of conversion, the application for conversion and shall adopt
an authorizing resolution, all by a vote of a majority of all the directors. The plan of conversion
shall include a statement of: a. The proposed organization and management structure of the
resulting bank if the application were approved, and the proposed name under which it would
do business as a bank; b. The method and time...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-7A-62.htm - 7K - Match Info - Similar pages
5-5A-44
Section 5-5A-44 Acquisition of majority of voting shares of a bank; procedure. (a) No person,
acting directly or indirectly or through or in concert with one or more persons, may acquire
control of a state bank or of any corporation or other entity having control of a state bank,
unless an application is filed with the superintendent for review of the proposed transaction
and for his or her action, if any, as provided in this section. (b) The application shall
be on a form prescribed by the superintendent and shall be made under oath. The application
must contain all information that the superintendent by regulation requires to be furnished
in an application, as well as any information that the superintendent orders to be included
in the particular application being filed and shall be accompanied by the filing fee prescribed
by the Banking Board. For the purposes of this section, the Banking Board may reduce or waive
any prescribed fees for applications where a change of control...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-5A-44.htm - 11K - Match Info - Similar pages
41-22-3
Section 41-22-3 Definitions. The following words and phrases when used in this chapter shall
have the meanings respectively ascribed to them in this section, except when the context otherwise
requires: (1) AGENCY. Every board, bureau, commission, department, officer, or other administrative
office or unit of the state, including the Alabama Department of Environmental Management,
other than the Legislature and its agencies, the Alabama State Port Authority, the courts,
the Alabama Public Service Commission, or the State Banking Department, whose administrative
procedures are governed by Sections 5-2A-8 and 5-2A-9. The term does not include boards of
trustees of postsecondary institutions, boards of plans administered by public pension systems,
counties, municipalities, or any agencies of local governmental units, unless they are expressly
made subject to this chapter by general or special law. (2) COMMITTEE. The Joint Committee
on Administrative Rule Review, comprised of the members of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-22-3.htm - 6K - Match Info - Similar pages
16-6F-6
Section 16-6F-6 Authorization of establishment; Alabama Public Charter School Commission; registration
requirements; powers and duties of authorizers. (a) Eligible authorizing entities. (1) A public
charter school shall not be established in this state unless its establishment is authorized
by this section. No governmental entity or other entity, other than an entity expressly granted
chartering authority as set forth in this section, may assume any authorizing function or
duty in any form. The following entities shall be authorizers of public charter schools: a.
A local school board, for chartering of schools within the boundaries of the school system
under its jurisdiction, pursuant to state law. b. The Alabama Public Charter School Commission,
pursuant to this section. (2) A local school board that registers as an authorizer may approve
or deny an application to form a public charter school within the boundaries of the local
school system overseen by the local school board. (3) All...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-6F-6.htm - 21K - Match Info - Similar pages
16-6F-7
Section 16-6F-7 Applicant proposals; conversion to public charter school; terms of charters;
contracts. (a) Request for proposals. (1) To solicit, encourage, and guide the development
of quality public charter school applications, every local school board, in its role as public
charter school authorizer, shall issue and broadly publicize a request for proposals for public
charter school applications by July 17, 2015, and by November 1 in each subsequent year. The
content and dissemination of the request for proposals shall be consistent with the purposes
and requirements of this act. (2) Public charter school applicants may submit a proposal for
a particular public charter school to no more than one local school board at a time. (3) The
department shall annually establish and disseminate a statewide timeline for charter approval
or denial decisions, which shall apply to all authorizers in the state. (4) Each local school
board's request for proposals shall present the board's strategic...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-6F-7.htm - 16K - Match Info - Similar pages
40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-2A-7.htm - 28K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-5A-8.htm - 2K - Match Info - Similar pages
5-8A-26
Section 5-8A-26 Use of bank examiner's reports as evidence in liquidation proceedings, etc.
In the event the superintendent takes charge of the business and affairs of any bank as authorized
in this chapter or in the event a proceeding is instituted to forfeit the charter of any bank,
the report of the examiner of such bank on file in the office of the superintendent or a copy
thereof duly certified by the superintendent under his official seal, is admissible and may
be used as evidence in any court, either by the superintendent, the Banking Board, any member
or employee thereof, the receiver or the bank. (Acts 1980, No. 80-658, §5-8-26.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-8A-26.htm - 953 bytes - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-2A-12.htm - 4K - Match Info - Similar pages
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