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5-13B-41
Section 5-13B-41 Definitions. For purposes of this article: (a) The term "bank" means
any bank as defined in: Section 2(c) of the Bank Holding Company Act (12 U.S.C. §1841(c));
Section 3(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. §1813(a)(1)), other than
a branch of a foreign bank; or, as the context may require, in Chapter 5A, Title 5. The term
"bank" as used in this article shall not in any event include a foreign bank or
a branch or agency of a foreign bank. (b) The term "foreign bank" means any company
organized under the laws of a foreign country, a territory of the United States, Puerto Rico,
Guam, American Samoa, or the Virgin Islands, that engages directly in the business of banking.
The term includes foreign commercial banks, foreign merchant banks, and other foreign institutions
that engage in banking activities usual in connection with the business of banking in the
countries where such foreign institutions are organized or operating. (c) The term "out-of-state...
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5-13B-103
Section 5-13B-103 Supervision and enforcement. (a) The superintendent shall have all of the
powers granted to him or her by the laws of this state to the extent appropriate to enable
him or her to supervise each Alabama state branch, Alabama state agency, or Alabama representative
office. (b) If, after notice and a hearing, the superintendent finds that any person has violated
any provision of this article or of any regulation or order issued under this article, he
or she may, in addition to any other remedy or action available to the superintendent under
the laws of this state, order such person to pay to the superintendent a civil penalty in
such a manner and in such an amount as the superintendent shall determine in accordance with
the laws of this state and regulations thereunder. (c) In order to carry out the purposes
under this article, the superintendent may: (1) Enter into cooperative, coordinating, or information-sharing
agreements with any other bank supervisory agency or any...
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5-13B-80
Section 5-13B-80 Purpose. Consistent with the federal International Banking Act, the Bank Holding
Company Act, the Federal Deposit Insurance Act, and the Interstate Banking and Branching Efficiency
Act, this division is intended: (1) To authorize banking activities and operations, under
state licenses issued by the superintendent, of direct branch and agency offices in this state
of foreign banks, generally under terms and conditions not less favorable than the terms and
conditions under which such activities and operations may be conducted by federal branch or
agency offices of foreign banks in the United States, and to set forth a statutory framework
for the licensing, regulation, and supervision of such state-licensed offices of foreign banks
by the superintendent to assure the safe and sound operation of such offices that are licensed
under the laws of this state; and (2) To authorize representative offices in this state of
foreign banks, and to set forth statutory provisions...
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5-13B-61
Section 5-13B-61 Operations in this state of banks owned or controlled by foreign banks and
other foreign persons. (a) Except as provided in subsection (b): (1) The laws and regulations
of this state governing the acquisition or ownership of controlling or other interests in
Alabama banks or in out-of-state banks seeking to establish and maintain one or more interstate
branches in this state shall not generally prohibit ownership of such institutions by, or
otherwise discriminate against, foreign banks or other foreign persons, notwithstanding any
provision of the laws or regulations of this state to the contrary; (2) The laws and regulations
of this state governing the powers and activities of Alabama banks and of out-of-state banks
maintaining one or more interstate branches in this state shall not discriminate among such
banks on the basis of their ownership or control by foreign banks or other foreign persons,
notwithstanding any provision of the laws or regulations of this state...
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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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5-5A-20
Section 5-5A-20 Branch banks; commercial affiliates. (a) Alabama banks may establish a branch
or office for the transaction of the banking business within the State of Alabama upon prior
approval of the superintendent. Alabama banks may establish a branch or office for the transaction
of a banking business in any state other than Alabama, any territory of the United States,
or in any foreign country in accordance with the provisions of federal law, the laws of the
other state, territory, or foreign country and upon the prior approval of the superintendent.
(b) All laws or parts of laws, whether general, local, or general laws of local applications,
which conflict with this section are hereby repealed to the extent of such conflict. (c) Neither
an Alabama bank nor an out-of-state bank may establish or maintain a branch or office for
the transaction of the banking business in Alabama on the premises of a commercial affiliate
of the bank. For purposes of this section, commercial affiliate...
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5-13B-2
Section 5-13B-2 Definitions. For purposes of this article: (a) "Acquire" means: (1)
For a company to merge or consolidate with a bank holding company; (2) For a company to assume
direct or indirect ownership or control of: (I) More than 25 percent of any class of voting
shares of a bank holding company or a bank, if the acquiring company was not a bank holding
company prior to such acquisition; (II) More than five percent of any class of voting shares
of a bank holding company or a bank, if the acquiring company was a bank holding company prior
to such acquisition; or (III) All or substantially all of the assets of a bank holding company
or a bank; or (3) For a company to take any other action that results in the direct or indirect
acquisition of control by such company of a bank holding company or a bank; however, formation
of a de novo bank pursuant to Chapter 5A of this title is not an acquisition for purposes
of this article. (b) "Affiliate" has the meaning set forth in Section...
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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...
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16-22-9
Section 16-22-9 Educational authority sick leave bank plans. (a) The following terms shall
have the following meanings, respectively: (1) CATASTROPHIC ILLNESS. Any illness, injury,
or pregnancy or medical condition related to childbirth, certified by a licensed physician
which causes the employee to be absent from work for an extended period of time. (2) CHIEF
EXECUTIVE OFFICER. The superintendent of any public county or city school system; the President
of the Alabama Institute for Deaf and Blind; the president of any two-year school or college
under the auspices of the State Board of Education; the President of Alabama Agricultural
and Mechanical University; the Superintendent of the Department of Youth Services School District;
the Executive Director of the Alabama School of Fine Arts; and the Executive Director of the
Alabama High School of Mathematics and Science. (3) EDUCATIONAL AUTHORITY or AUTHORITY or
BOARD. Each city and county board of education; the Board of Trustees of the...
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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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