Code of Alabama

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5-8A-20
Section 5-8A-20 Proceedings of superintendent before banking board as to defaults or misconduct
of bank. Whenever it shall appear to the superintendent that any bank has violated its charter
or any law of the state, or is conducting business in any unauthorized manner, or that the
bank may suspend payment of its obligations, or if its capital is impaired and not made good
under the requirement of the superintendent within the required time, or if any such bank
or an affiliate of such bank as defined in Section 5-3A-1 shall refuse to submit its papers,
books, and concerns to the inspection of the superintendent or any examiner, or if any officer
thereof shall refuse to be examined on oath touching the conducting of any such bank, or if
any such bank shall suspend payment of its obligations, or if from any examination the superintendent
shall have reason to conclude that such bank is in an unsound or unsafe condition to transact
the business for which it was organized, or that it is...
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5-8A-32
Section 5-8A-32 Sale, etc., of bad debts and property of bank. The receiver, by making application
to the receivership court, may procure an order to sell or compound all bad or doubtful debts
and on like order may sell all real and personal property of such bank on such terms as the
court shall direct; provided, however, that the receiver shall have the right to ask for a
blanket order from the receivership court for the settlement of all debts, claims of any and
all nature, and deposits and for the sale of real and personal property wherein no single
item exceeds the value of $10,000.00. In all or any of such court proceedings, the bank shall
be made a party by proper service of process issued from the court, and the hearing of any
such application or petition of the superintendent may be had at any time after the bank has
had five days' notice of the application; provided, however, the court may ex parte approve
a purchase and assumption transaction as provided for in 12 U.S.C....
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5-2A-8
Section 5-2A-8 Superintendent - Promulgation and interpretation of regulations. The superintendent
may, with the concurrence of a majority of the members of the State Banking Board or as otherwise
provided in this title, promulgate such reasonable regulations, consistent with the laws of
this state, as may be necessary to carry out the provisions of this title over which the State
Banking Department has jurisdiction. The superintendent shall, in addition, issue written
interpretations of banking laws and regulations. Any bank or bank holding company and any
officer or director thereof relying on any regulation or interpretation shall be fully protected
even though the same shall be thereafter ruled invalid for any reason by a court of competent
jurisdiction. (Acts 1980, No. 80-658, p. 1259, §5-2-10; Acts 1985, No. 85-457, p. 425, §3;
Acts 1995, No. 95-115, p. 134, §69; Act 2013-352, p. 1261, §1.)...
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45-13-40
Section 45-13-40 Branch banks authorized. Any bank, either incorporated or unincorporated,
which is established in Clarke County, shall have the power to establish, to maintain, and
to operate within the same city or town or within other communities, one or more branches
or branch banks, branch offices, branch agencies, additional offices, or branch places of
business for the receipt of deposits, payment of checks, lending of money, and the conduct
of a general banking business, provided that such bank, before establishment of any such branch
or branches, shall first secure the written consent of the State Superintendent of Banks or
the Comptroller of the Currency, as the case may require. (Act 83-692, p. 1134, §1.)...
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45-14-40
Section 45-14-40 Branch banks authorized. Any bank, either incorporated or unincorporated,
which is established in Clay County, shall have the power to establish, to maintain, and to
operate within the same city or town or within other communities in Clay County, one or more
branches or branch banks, branch offices, branch agencies, additional offices, or branch places
of business for the receipt of deposits, payment of checks, lending of money, and the conduct
of a general banking business, provided that such bank, before establishment of any such branch
or branches, shall first secure the written consent of the State Superintendent of Banks or
the Comptroller of the currency, as the case may require. (Act 87-320, p. 435, §1.)...
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45-28-40
Section 45-28-40 Banks. Any bank, whether incorporated or unincorporated, within the state,
now or hereafter situated in, or having a branch in, Etowah County, shall have the power to
establish, maintain, and operate within the limits of the county, where a place of business
of such bank is situated, one or more branches or branch banks, branch offices, branch agencies,
additional offices or branch places of business for the receipt of deposits, payment of checks,
lending of money, and the conduct of a general banking and trust business, provided that such
bank, before the establishment of any such branch or branches, shall first secure the written
consent of the State Superintendent of Banks and meet the requirements of the appropriate
regulatory banking authorities. Provided, however, that any branch bank established under
this section shall be within the corporate limits of a municipality, in Etowah County and,
where the population of the municipality was less than 3,000 persons...
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45-44-40
Section 45-44-40 Branch banking. Any bank, either incorporated or unincorporated, which is
established in Macon County, shall have the power to establish, to maintain, and to operate
within the same city or town or within other communities, one or more branches or branch banks,
branch offices, branch agencies, additional offices, or branch places of business for the
receipt of deposits, payment of checks, lending of money, and the conduct of a general banking
business, provided that such bank, before establishment of any such branch or branches, shall
first secure the written consent of the State Superintendent of Banks or the Comptroller of
the Currency, as the case may require. (Act 79-230, p. 355, § 1.)...
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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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5-20-3
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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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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