5-3A-32
Section 5-3A-32 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE APRIL 4, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. For the purposes of this
article, the following terms shall have the following meanings: (1) SERVICE PROVIDER. Any
person, company, corporation, or other legal entity that provides a covered service listed
in Section 5-3A-33 to a serviced bank. (2) SERVICED BANK. Every bank, bank holding company,
bank service company, or any subsidiary or affiliate of a bank that is subject to the supervision
of the superintendent pursuant to Section 5-3A-1, and for which covered services are performed
by a service provider. (Act 2018-500, §2.)...
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5-3A-6
Section 5-3A-6 Examination of witnesses and production of documents; penalties for false entry
or statement; proceedings against former employees. (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) The superintendent and every examiner acting under the superintendent may
administer oaths and may examine under oath any person whose testimony may be required on
the examination of any bank or any bank holding company, on the examination of any affiliate
of a bank, or on the examination of any agency of any foreign bank and shall have authority
and power to compel the appearance and attendance of any such person or the production of
any records and documents of any bank, any bank holding company, any affiliate of a bank,
or any agency of a foreign bank for the purpose of any examination and attendance or...
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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,...
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5-2A-12
Section 5-2A-12 Superintendent - Order to correct unsafe and unsound matters; penalties; procedure.
(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) The superintendent may order a bank, a
bank holding company, the board of directors, any director or directors, and any officer or
officers of any bank or bank holding company, individually or collectively (hereafter affected
person, whether one or more) to correct any matters in the conduct of the affairs of the bank
which in the opinion of the superintendent are unsafe and unsound. The Banking Board, after
at least 20 days' written notice by the superintendent to the bank and any affected person,
and a hearing before the Banking Board, may direct the superintendent to issue an order that
imposes civil money penalties on the bank or bank holding company...
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5-3A-35
Section 5-3A-35 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE APRIL 4, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The superintendent
may enter into agreements, which shall be deemed sole source, one vendor, and one supplier
contracts under the procurement laws of this state and shall be exempt from competitive and
other bid requirements, with any bank supervisory agency that has concurrent jurisdiction
over a service provider to do either of the following: (1) Engage the services of the examiners
of any bank supervisory agency at a reasonable rate of compensation. (2) Provide the services
of the examiners of the State Banking Department to any bank supervisory agency at a reasonable
rate of compensation. (b) The superintendent may enter into corrective agreements with a service
provider or may issue corrective orders to a service provider if the superintendent determines
the actions are necessary to ensure the safe and sound...
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5-13B-8
Section 5-13B-8 Reports; examinations. (a) To the extent specified by the superintendent by
regulation, order, or written request, each bank holding company that directly or indirectly
controls an Alabama state bank or an Alabama bank holding company, or the home state regulator
of such company, shall submit to the superintendent: (1) One or more copies of each financial
report filed by such company with any bank supervisory agency, except for any report the disclosure
of which would be prohibited by applicable federal or state law, within 15 days after the
filing thereof with such agency; and (2) An annual report, not later than April 15 of each
year for each bank and branch in the state controlled by the bank holding company containing
the following information: a. The location; b. The amount of deposits held as of the end of
the preceding calendar year; and c. The amount of loans made during the preceding calendar
year to individuals and entities with addresses in this state. (b) At...
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5-13B-102
Section 5-13B-102 Examination; payment of fees. (a) An Alabama state branch, Alabama state
agency, or Alabama representative office shall be subject to examination by the superintendent
at such intervals and in such a manner as he or she shall establish by regulation or order.
(b) In conducting an examination pursuant to this section, the superintendent shall: (1) Have
full access to the offices, books, accounts, and records of each office located in this state,
as well as all of the books, accounts, and records maintained in this state of any office
not located in this state of such foreign bank; and (2) Have authority to require the attendance
of and to examine under oath all persons whose testimony may be required relative to the activities
of such office. (c) A foreign bank which is licensed to establish and maintain an Alabama
state branch, Alabama state agency, or Alabama representative office shall be assessed a reasonable
fee for the expenses incurred by the superintendent in...
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5-5A-18.1
Section 5-5A-18.1 Banks and trust companies to have power of federally chartered or regulated
financial institution. In addition to all other rights and powers provided under this title,
banks and trust companies chartered by this state and supervised by the superintendent and
banks or trust companies chartered by any other state which are doing business or proposing
to conduct any bank or trust company activities in this state and each of their subsidiaries,
subject to the prior approval of the superintendent, may make any loan or investment , exercise
any power, and engage in any activity which they could make , exercise, or engage in if incorporated
or operating as a federally chartered or regulated financial institution and they shall be
entitled to all rights, privileges, and protections granted or available to federally chartered
or regulated financial institutions. In addition to other conditions determined at the superintendent's
discretion, any approval granted under this...
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5-13B-11
Section 5-13B-11 Authority to issue regulations; cooperative agreements; fees. In order to
carry out the purposes of this title, in addition to and cumulative with the authority and
powers of the superintendent set forth elsewhere in this title, the superintendent may: (1)
Adopt regulations; (2) Enter into cooperative, coordinating, or information-sharing agreements
with any other bank supervisory agency or any organization affiliated with or representing
one or more bank supervisory agencies; (3) Accept any report of examination or investigation
by another bank supervisory agency having concurrent jurisdiction over an Alabama state bank
or a bank holding company that controls an Alabama state bank in lieu of conducting the superintendent's
own examination or investigation of such bank holding company or bank; (4) Enter into contracts
with any bank supervisory agency having concurrent jurisdiction over an Alabama state bank
or a bank holding company that controls an Alabama state bank...
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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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