Code of Alabama

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5-13B-86
Section 5-13B-86 Powers of branch and agency. (a) Except as otherwise specifically provided
in this division or in regulations or orders adopted by the superintendent, and notwithstanding
any other law or regulation of this state to the contrary, operations of a foreign bank at
an Alabama state branch or Alabama state agency shall be conducted with the same rights, privileges,
and powers as an Alabama state bank at the same location, including, but not limited to, the
eligibility to exercise fiduciary or trust powers, and shall be subject to all the same duties,
restrictions, penalties, liabilities, conditions, and limitations that would apply under the
laws of this state to an Alabama state bank doing business at the same location. (b) Among
other exceptions to the provisions of subsection (a) that may be required or authorized by
the superintendent pursuant to the provisions of this division: (1) An Alabama state branch
that was not grandfathered as an "insured branch" within the...
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5-13B-110
Section 5-13B-110 Pledge of assets. (a) Each foreign bank which is licensed to establish and
maintain an Alabama state branch or Alabama state agency shall keep on deposit, in accordance
with such regulations or orders as the superintendent shall promulgate, with such unaffiliated
Alabama banks as such foreign bank may designate and the superintendent may approve, interest-bearing
stocks and bonds, notes, debentures, or other obligations of the United States or any agency
or instrumentality thereof, or guaranteed by the United States, or of this state, or of a
city, county, town, village, school district, or instrumentality of this state or guaranteed
by this state, or dollar deposits, or obligations of the International Bank for Reconstruction
and Development, or obligations issued by the InterAmerican Development Bank, or obligations
of the Asian Development Bank, or obligations issued by the African Development Bank, or such
other assets as the superintendent shall by regulation or...
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5-13B-115
Section 5-13B-115 Seizure of foreign bank's property and business; liquidation. (a) If the
superintendent finds that any of the factors set forth in Section 5-13B-113 are true with
respect to any foreign bank which is licensed to establish and maintain an Alabama state branch
or Alabama state agency and that it is necessary for the protection of the interests of the
creditors of such foreign bank's business in this state or for the protection of the public
interest that he or she take immediate possession of the property and business of the foreign
bank, the superintendent may by order forthwith take possession of the property and business
of the foreign bank in this state and retain possession until the foreign bank resumes business
in this state or is finally liquidated. The foreign bank may, with the consent of the superintendent,
resume business in this state upon such conditions as the superintendent may prescribe by
regulation or order. (b) At any time within 10 days after the...
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5-13B-3
Section 5-13B-3 Scope of article and statement of legislative intent. This article sets forth
the conditions under which a company may acquire an Alabama bank or an Alabama bank holding
company or an Alabama bank holding company may acquire an out-of-state bank or bank holding
company. This article is intended not to discriminate against out-of-state bank holding companies
or against foreign bank holding companies in any manner that would violate Section 3(d) of
the Bank Holding Company Act, as amended effective September 29, 1995, by Section 101 of the
Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, Public Law No. 103-328.
(Acts 1995, No. 95-115, p. 134, §3; Act 2010-548, p. 966, §1.)...
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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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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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5-3A-11
Section 5-3A-11 Reports of examination; meetings of Banking Board; confidentiality. All reports
of examination, records reflecting action of a bank or bank holding company, or affiliate
of either, taken pursuant thereto, and records and minutes of meetings of the Banking Board
relating to a bank or several banks or a bank holding company, or affiliate of either, shall
be confidential and shall not be subject to subpoena or inspection except by subpoena from
a grand jury served on the superintendent. (Acts 1980, No. 80-658, §5-3-11; Act 2011-589,
p. 1306, §1; Act 2013-352, p. 1261, §1.)...
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5-13B-113
Section 5-13B-113 Suspension or revocation of license; factors. If, after notice and a hearing,
the superintendent finds any of the following with respect to a foreign bank which is licensed
to establish and maintain an Alabama state branch or Alabama state agency, he or she may issue
an order suspending or revoking the license of such foreign bank: (1) That the foreign bank
has violated any provision of this article or of any regulation or order issued under this
article or any provision of any other applicable law, regulation, or order; (2) That the foreign
bank is transacting activities in this state in an unsafe or unsound manner or, in any case,
is transacting activities elsewhere in an unsafe or unsound manner; (3) That the foreign bank
or any one or more of its Alabama state branches or Alabama state agencies is in an unsafe
or unsound condition; (4) That the foreign bank has ceased to operate any of its offices in
this state without the prior approval of the superintendent in...
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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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5-20-6
Section 5-20-6 Application for approval; filing fee. Any bank holding company, bank holding
company subsidiary, domestic lender or foreign lender proposing to establish or acquire a
credit card bank pursuant to this chapter shall file an application with the superintendent
for prior approval of such establishment or acquisition. Such application shall contain such
information as the superintendent may require, and shall specifically acknowledge each applicant's
agreement to be bound by the conditions set forth in Section 5-20-4. In addition, such application
shall designate a resident of this state as each applicant's registered agent in connection
with matters arising out of this chapter and shall be accompanied by the filing fee specified
in section 5-20-4. (Acts 1988, No. 88-85, p. 104, §1.)...
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