Code of Alabama

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5-13B-9
Section 5-13B-9 Agency activities. (a) Any Alabama state bank may, upon compliance with the
requirements of this section, agree to receive deposits, renew time deposits, close loans,
service loans, receive payments on loans and other obligations and, with the prior approval
of the superintendent, perform other services as an agent for any depository institution.
(b) An Alabama state bank that proposes to enter into an agency agreement to perform services
other than those specifically designated in subsection (a) shall file with the superintendent
at least 30 days before the effective date of the agreement: (1) A notice of intention to
enter into such an agency agreement with a depository institution; (2) A description of the
services other than those specifically designated in subsection (a) proposed to be performed
under the agency agreement; and (3) A copy of the agreement. (c) If any proposed service is
not specifically designated in subsection (a) and has not previously been...
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5-13B-88
Section 5-13B-88 Authority to act as agent. (a) An Alabama state branch or Alabama state agency
of a foreign bank licensed under this article may receive deposits, renew time deposits, close
loans, service loans, and receive payments on loans and other obligations as an agent for
any depository institution affiliate of such foreign bank, including branch, agency, and other
offices of the same foreign bank located in other states, generally in accordance with the
same terms, conditions, procedures, and requirements that are applicable under the laws and
regulations of this state to such agency activities that may be conducted by Alabama state
banks. (b) Notwithstanding any other provision of the laws or regulations of this state, an
Alabama state branch or Alabama state agency of a foreign bank acting in this state as an
agent in accordance with the provisions of this section shall not be considered to be a branch
of such other depository institution affiliate; provided, however, that...
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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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5-13B-23
Section 5-13B-23 Interstate merger transactions and branching; operation of branches. (a) One
or more Alabama state banks may enter into an interstate merger transaction with one or more
out-of-state banks under this article, and an out-of-state bank resulting from such transaction
may maintain and operate the branches in Alabama of an Alabama state bank that participated
in such transaction, provided that the conditions and filing requirements of this article
are met. (b) Except as otherwise expressly provided in this subsection, an interstate merger
transaction, establishment of a de novo branch, or acquisition of a branch shall not be permitted
under this article if, upon consummation of such transaction, the out-of-state bank, including
all insured depository institutions that would be "affiliates" as defined in 12
U.S.C. §1841(k) of the out-of-state bank, would control 30 percent or more of the total amount
of deposits held by all insured depository institutions in this state....
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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...
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16-24C-6
Section 16-24C-6 Termination of employment - Grounds for termination; procedures; appeals.
(a) Tenured teachers and nonprobationary classified employees may be terminated at any time
because of a justifiable decrease in the number of positions or for incompetency, insubordination,
neglect of duty, immorality, failure to perform duties in a satisfactory manner, or other
good and just cause, subject to the rights and procedures hereinafter provided. However, a
vote or decision to approve a recommended termination on the part of a president of a two-year
educational institution operated under the authority and control of the Department of Postsecondary
Education or the governing board shall not be made for political or personal reasons. (b)
The termination of a tenured teacher or nonprobationary classified employee who is not an
employee of a two-year educational institution operated under the authority and control of
the Department of Postsecondary Education shall be initiated by the...
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16-16A-7
Section 16-16A-7 Additional findings; bonds authorized; procedures. (a) The Legislature finds
that the number of students attending the several school systems located in those areas of
North Alabama that will be directly impacted by the 2005 BRAC and Subsequent BRAC Actions
will collectively increase by an estimated 9,000 students. As a result, there will be a need
for the construction of additional school facilities as well as the renovation of existing
school facilities. The Legislature also finds that the 2005 BRAC and Subsequent BRAC Actions
will have a positive impact on future receipts to the Education Trust Fund, as the significant
population growth in North Alabama will increase sales, income, and other tax collections.
Thus, it is an efficient use of state funds to allow such revenue growth to help pay for capital
improvement costs associated with BRAC-related school construction. (b) The Alabama Public
School and College Authority is hereby authorized to sell and issue its...
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5-13B-22
Section 5-13B-22 Establishment of interstate branches by acquisition or merger; branching.
With the prior approval of the superintendent, an Alabama state bank may establish, maintain,
and operate one or more branches in a state other than Alabama or a foreign country on a de
novo basis, by acquisition of a branch, or pursuant to an interstate merger transaction in
which the Alabama state bank is the resulting bank. For an interstate merger transaction and
not later than the date on which the required application for the interstate merger transaction
is filed with the responsible federal bank supervisory agency, the applicant Alabama state
bank shall file an application on a form prescribed by the superintendent and pay the fee
prescribed by the superintendent. The applicant shall also comply with the applicable provisions
of Alabama law governing mergers of Alabama state banks. If the superintendent finds that
(1) the proposed interstate merger transaction will not be detrimental to...
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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-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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