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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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5-3A-1
Section 5-3A-1 Required times; items to be examined; applicability to bank holding companies
and affiliates. (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) Every bank other than national
banks shall be subject to the supervision and inspection of the superintendent and the regulations
and supervision thereof. The superintendent shall, by competent examiner appointed by him
or her, visit and examine every bank organized under the laws of Alabama at least once in
each eighteen-month period. The examination of banks shall be at irregular intervals. On every
examination, inquiry shall be made as to the conditions and resources of the bank, the mode
of conducting and managing the affairs of the bank, the action of its directors, the investment
of the funds of the bank, the safety and prudence of the...
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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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5-20-4
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-20-4.htm - 3K - Match Info - Similar pages
5-13B-24
Section 5-13B-24 Notice and filing requirements. Any out-of-state bank that will be the resulting
bank pursuant to an interstate merger transaction involving an Alabama state bank shall notify
the superintendent of the proposed merger not later than the date on which it files an application
for an interstate merger transaction with the responsible federal bank supervisory agency,
and shall submit a copy of that application to the superintendent and pay the filing fee,
if any, required by the superintendent. Any Alabama state bank which is a party to such interstate
merger transaction shall comply with Title 5, Chapter 7A, and with other applicable state
and federal laws. Any out-of-state bank which shall be the resulting bank in such an interstate
merger transaction shall provide satisfactory evidence to the superintendent of compliance
with or exemption from Sections 10-2B-15.01 et seq. (Acts 1995, No. 95-115, p. 134, §16.)...
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5-3A-4
Section 5-3A-4 Expenses of special examinations. The expenses incidental to any special examination
of banks, bank holding companies, or their affiliates shall be borne by the bank or bank holding
company so examined, and such bank or bank holding company shall, on the call of the superintendent,
pay into the Treasury of Alabama, earmarked for the use of the Banking Department, within
10 days after said examination, an amount not exceeding the actual expenses of such examination,
including per diem, travel expenses and the pro rata portion of the salaries of the state
employees engaged in making such examination. (Acts 1980, No. 80-658, §5-3-4; Act 2011-589,
p. 1306, §1.)...
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5-13B-40
Section 5-13B-40 Purpose. (a) This article is intended generally to provide for state regulation
of the participation by foreign banks in the financial markets of this state. (b) 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 article is intended
specifically: (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...
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5-20-7
Section 5-20-7 Supervision and enforcement. (a) All credit card banks organized under the laws
of this state shall be subject to the supervision, regulation, and examination of the superintendent
and the superintendent shall have all enforcement powers with respect thereto as are provided
in this title. (b) In the event any credit card bank does not conduct its business consistent
with the provisions of Section 5-20-4, the superintendent may require such credit card bank
to cease all unauthorized activities, and may issue cease and desist orders and exercise any
other rights or powers provided by this title, including, but not limited to, seeking equitable
or legal remedies. In the event such credit card bank fails to abide by any order or written
agreement with the superintendent, the superintendent may in addition to all other rights,
remedies, and powers it may have under this title: (1) Impose upon the credit card bank or
any of its controlling or investor bank holding companies,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-20-7.htm - 1K - 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...
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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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