5-13B-91
Section 5-13B-91 Representative office - Factors for approval of application. (a) A foreign
bank making an application for a license to establish and maintain an Alabama representative
office shall deliver to the superintendent two, or more as the superintendent may require
by regulation, duplicate originals of the foreign bank's application. (b) The superintendent
shall issue a license to a foreign bank to establish and maintain an Alabama representative
office if he or she finds that: (1) The foreign bank is of good character and sound financial
standing; (2) The management of the foreign banks and the proposed management of the Alabama
representative office are adequate; and (3) The convenience and needs of persons to be served
by the proposed Alabama representative office will be promoted. (c) If the superintendent
determines to issue a license to a foreign bank to establish and maintain an Alabama representative
office, he or she shall, when all fees have been paid as required...
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5-13B-90
Section 5-13B-90 Representative office - Application. (a) The application for a license to
establish and maintain an Alabama representative office shall be in writing under oath and
shall be in such form and contain such information as the superintendent may require by regulation
or order. The application shall be accompanied by a reasonable fee as the superintendent may
establish by regulation. (b) The superintendent shall require a foreign bank to include as
part of its application to establish and maintain an Alabama representative office an instrument
irrevocably appointing the superintendent and his or her successors in office to be such foreign
bank's agent, representative, and attorney to receive service of any lawful process in any
proceeding against such foreign bank or any of its successors which arises out of a transaction
with its Alabama representative office, with the same force and validity as if served on the
foreign bank or its successor, as the case may be. Such...
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5-13B-112
Section 5-13B-112 Voluntary closure of branch, agency, or representative office - Application.
(a) No foreign bank which is licensed to establish and maintain an Alabama state branch, Alabama
state agency, or Alabama representative office shall close such office without filing an application
with, and obtaining the prior approval of, the superintendent. An application by a foreign
bank under this section shall be in such form and include such information as the superintendent
shall establish by regulation or order. (b) If the superintendent finds, with respect to an
application by a foreign bank under this section, that the closing of such office will not
be substantially detrimental to the public convenience and advantage, the superintendent shall
approve such application. If the superintendent finds otherwise, he or she shall deny the
application. (c) Whenever an application by a foreign bank under this section has been approved
and all conditions precedent to such closing have been...
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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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5-13B-93
Section 5-13B-93 Representative office - Revocation of license. The superintendent, after notice
and opportunity for a hearing, may revoke a license to establish and maintain an Alabama representative
office if he or she finds: (1) The foreign bank has violated any provision of this article
or any other law, rule, or regulation of this state; or (2) Any fact or condition exists which,
if it had existed at the time of the foreign bank's original application for such license,
would have resulted in the superintendent's refusal to issue such license to the foreign bank.
(Acts 1995, No. 95-115, p. 134, §41.)...
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5-13B-92
Section 5-13B-92 Representative office - Permissible activities. (a) A foreign bank which is
licensed to establish and maintain an Alabama representative office may, subject to such regulations
as the superintendent may prescribe, engage in the following activities: (1) Solicitation
for loans and in connection therewith the assembly of credit information, making of property
inspections and appraisals, securing of title information, preparation of applications for
loans including making recommendations with respect to action thereon, solicitation of investors
to purchase loans from the foreign bank, and the search for such investors to contract with
the foreign bank for servicing of such loans; (2) The solicitation of new business; (3) The
conduct of research; and (4) Back office administrative functions as may be more specifically
defined in regulations issued by the superintendent. Any other activity which the foreign
bank seeks to conduct at such office shall be subject to the prior...
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5-13B-83
Section 5-13B-83 Application to establish and maintain a branch or agency - Manner of filing
and determination. (a) A foreign bank making an application under this article for a license
to establish and maintain an Alabama state branch or Alabama state agency shall deliver to
the superintendent: (1) At least two, or more as the superintendent may require by regulation,
duplicate originals of the foreign bank's application; and (2) At least two, or more as the
superintendent may require by regulation, copies of its charter or articles of incorporation
and all amendments thereto, duly authenticated by the proper officer of the country of such
foreign bank's organization. (b) The superintendent shall issue a license to a foreign bank
to establish and maintain an Alabama state branch or Alabama state agency if he or she finds
that: (1) The foreign bank is of good character and sound financial standing; (2) The management
of the foreign bank and the proposed management of the Alabama state...
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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-89
Section 5-13B-89 Representative office of foreign banks - Necessity of licensure. (a) No foreign
bank shall establish or maintain an Alabama representative office unless such foreign bank
is licensed by the superintendent to maintain such an Alabama representative office. (b) Nothing
in subsection (a) shall be deemed to prohibit a foreign bank which maintains a federal agency
or federal branch in this state from establishing or maintaining one or more Alabama representative
offices. (Acts 1995, No. 95-115, p. 134, §37.)...
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5-13B-96
Section 5-13B-96 Appointment of superintendent as agent for service of process. (a) A 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 an instrument irrevocably
appointing the superintendent and his or her successors in office to be such foreign bank's
agent, representative, and attorney to receive service of any lawful process in any judicial
or administrative proceeding against the foreign bank or any of its successors which arises
out of the foreign bank's activities in this state after such appointment has been filed,
with the same force and validity as if served directly on the foreign bank or its successor,
as the case may be. Such appointment shall be in such form and contain such information as
the superintendent may require by regulation or order. (b) Any foreign bank which establishes
an Alabama state branch, Alabama state agency, or Alabama...
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