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-111
Section 5-13B-111 Asset maintenance. (a) Each foreign bank which is licensed to establish and
maintain an Alabama state branch or Alabama state agency shall hold in this state currency,
bonds, notes, debentures, drafts, bills of exchange, or other evidences of indebtedness, including
loan participation agreements or certificates, or other obligations payable in the United
States or in United States funds or, with the prior approval of the superintendent, in funds
freely convertible into United States funds, or such other assets as the superintendent shall
by regulation or order permit, in an amount which shall bear such relationship as the superintendent
shall by regulation or order prescribe to liabilities of such foreign bank payable at or through
its Alabama state branch or Alabama state agency, including acceptances, but excluding amounts
due and other liabilities to other offices, agencies, or branches of, and wholly owned, except
for a nominal number of directors' shares,...
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5-13B-26
Section 5-13B-26 Examinations; periodic reports; cooperative agreements; assessment of fees.
(a) To the extent consistent with subsection (c), the superintendent may make such examinations
of any branch established and maintained in this state pursuant to this article by an out-of-state
state bank as the superintendent may deem necessary to determine whether the branch is being
operated in compliance with the laws of this state and in accordance with safe and sound banking
practices. The provisions of Chapter 3A, Title 5, shall apply to such examinations. (b) The
superintendent may prescribe requirements for periodic reports regarding any out-of-state
bank that operates a branch in Alabama pursuant to this article. The required reports shall
be provided by such bank or by the bank supervisory agency having primary responsibility for
such bank. Any reporting requirements prescribed by the superintendent under this subsection
shall be (1) consistent with the reporting requirements...
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5-13B-29
Section 5-13B-29 Notice of subsequent merger, etc. Each out-of-state state bank that has established
and maintains a branch in this state pursuant to this article, or the home state regulator
of such bank, shall give at least 30 days' prior written notice to the superintendent, or,
in the case of an emergency transaction, such shorter notice as is consistent with applicable
state or federal law, of any merger, consolidation, or other transaction that would cause
a change of control with respect to such out-of-state state bank or any bank holding company
that controls such bank, with the result that an application would be required to be filed
pursuant to the federal Change in Bank Control Act of 1978, as amended, 12 U.S.C. §1817(j),
or the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. §§1841 et seq., or
any successor statutes thereto. (Acts 1995, No. 95-115, p. 134, §21.)...
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5-13B-5
Section 5-13B-5 Required application. (a) A company that proposes to make an acquisition under
this article shall: (1) File with the superintendent a copy of the application that such company
has filed with the responsible federal bank supervisory agency together with such additional
information as the superintendent may prescribe; and (2) Pay to the superintendent the application
fee, if any, prescribed by the superintendent. (b) To the extent consistent with the effective
discharge of the superintendent's responsibilities, the forms established under this article
for application and reporting shall conform to those established by the Board of Governors
of the Federal Reserve System under the Bank Holding Company Act. (c) In connection with an
application received under this article, the superintendent shall require that prior notice
of the application be published one time in a daily newspaper of general circulation and provide
an opportunity for public comment. (d) If the applicant...
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5-13B-87
Section 5-13B-87 Fiduciary activities. (a) No foreign bank which is licensed to establish and
maintain an Alabama state branch or Alabama state agency shall engage in fiduciary activities
at such office unless such foreign bank shall have first obtained a certificate of authority
from the superintendent to engage in fiduciary activities at such office. (b) An application
to obtain a certificate of authority to engage in fiduciary activities shall be in such form
and contain such information, and be accompanied by such reasonable fee, as the superintendent
may require by regulation. The superintendent shall issue a certificate of authority to engage
in fiduciary activities to a foreign bank making an application under this section if he or
she finds that such foreign bank will exercise fiduciary powers in accordance with the laws
and regulations of this state. (c) A foreign bank which holds a certificate of authority issued
under this section may engage at its Alabama state branch or...
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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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5-1A-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. § 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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5-13B-104
Section 5-13B-104 Reports. (a) Each foreign bank which is licensed to establish and maintain
an Alabama state branch, Alabama state agency, or Alabama representative office shall file
with the superintendent such reports as and when the superintendent may require by regulation
or order. (b) Each report filed with the superintendent under this article or under any regulation
or order issued under this article shall be in such form and contain such information, shall
be signed in such manner, and shall be verified in such manner, as the superintendent may
require by regulation or order. (Acts 1995, No. 95-115, p. 134, §52.)...
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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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