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-6
Section 5-13B-6 Standards for approval. (a) In deciding whether to approve an application for
a proposed acquisition under this article, the superintendent shall consider whether the acquisition
may: (1) Be detrimental to the safety and soundness of the Alabama state bank or the Alabama
bank holding company ; (2) Result in a substantial reduction of competition in this state;
or (3) Have a significantly adverse effect on the convenience and needs of the community or
communities in this state that are served by the Alabama state bank or the Alabama bank holding
company to be acquired. (b) Except as otherwise expressly provided in this section, the superintendent
shall not approve an acquisition under this article if upon consummation of the transaction
the applicant, including any depository institution affiliated with the applicant, would control
30 percent or more of the total amount of deposits held by depository institutions in this
state. (c) The superintendent may by regulation,...
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5-1A-2
Section 5-1A-2 Definitions. For the purposes of Chapters 1A through 12A of this title, the
following terms shall have the meanings respectively ascribed to them by this section: (1)
BANK. Any banking corporation or trust company organized under the laws of this state under
the jurisdiction of the superintendent of banks of this state or organized under the laws
of the United States having its principal place of business in this state. (2) SUPERINTENDENT.
The Superintendent of Banks of this state. (3) RECEIVERSHIP COURT. The circuit court of the
county in which is located the principal office of a bank in receivership. (4) NATIONAL BANK.
A national banking association organized pursuant to 12 U.S.C. § 21. (5) CAPITAL. The sum
of the par value of the authorized shares of a bank which have been issued and remain outstanding.
(6) SURPLUS. The aggregate of the amounts transferred to surplus pursuant to Section 5-5A-21
and any amounts subsequently designated as such by action of the board...
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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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5-2A-24
Section 5-2A-24 Examination of small loan companies; fees. The Superintendent of Banks may
at any reasonable time cause an examination to be made of any small loan company, finance
company, and other individual or person holding any license from the State Banking Department
at the licensee's place of business of the records and transactions of such licensee to determine
compliance with the laws of Alabama. Each licensee shall pay to the State Banking Department
the actual cost of each examination, the amount of which shall be reasonably prescribed under
uniform and equitable rules and regulations promulgated by the Superintendent of Banks. All
such fees shall be paid into the special fund set up by the State Treasurer pursuant to Section
5-2A-20, and used in the supervision and examination of licensees. (Acts 1980, No. 80-444.)...

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5-5A-20
Section 5-5A-20 Branch banks; commercial affiliates. (a) Alabama banks may establish a branch
or office for the transaction of the banking business within the State of Alabama upon prior
approval of the superintendent. Alabama banks may establish a branch or office for the transaction
of a banking business in any state other than Alabama, any territory of the United States,
or in any foreign country in accordance with the provisions of federal law, the laws of the
other state, territory, or foreign country and upon the prior approval of the superintendent.
(b) All laws or parts of laws, whether general, local, or general laws of local applications,
which conflict with this section are hereby repealed to the extent of such conflict. (c) Neither
an Alabama bank nor an out-of-state bank may establish or maintain a branch or office for
the transaction of the banking business in Alabama on the premises of a commercial affiliate
of the bank. For purposes of this section, commercial affiliate...
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5-13B-26
Section 5-13B-26 Examinations; periodic reports; cooperative agreements; assessment of fees.
(a) To the extent consistent with subsection (c), the superintendent may make such examinations
of any branch established and maintained in this state pursuant to this article by an out-of-state
state bank as the superintendent may deem necessary to determine whether the branch is being
operated in compliance with the laws of this state and in accordance with safe and sound banking
practices. The provisions of Chapter 3A, Title 5, shall apply to such examinations. (b) The
superintendent may prescribe requirements for periodic reports regarding any out-of-state
bank that operates a branch in Alabama pursuant to this article. The required reports shall
be provided by such bank or by the bank supervisory agency having primary responsibility for
such bank. Any reporting requirements prescribed by the superintendent under this subsection
shall be (1) consistent with the reporting requirements...
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5-2A-22
Section 5-2A-22 Independent audits; minimum standards; advisory committee; report in lieu of
audit. The board of directors of each state bank shall at least once in each calendar year
have an audit made of its books and affairs, including any accounts held in a fiduciary capacity,
by independent auditors approved by the superintendent. These may be separate audits. "Independent
auditors" shall include the audit staff of a correspondent bank or the audit staff of
a bank holding company, or auditors or accountants who are not employees of the bank. The
superintendent shall by regulation establish minimum standards for audits and reports, which
shall include such matters as he shall require. To assist in promulgating minimum standards
for audits and reports, the superintendent shall appoint an advisory committee of no less
than six members. Membership of the committee shall consist of auditors, as qualified in Chapters
1A through 12A of this title, who regularly perform audits in banks...
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5-13B-9
Section 5-13B-9 Agency activities. (a) Any Alabama state bank may, upon compliance with the
requirements of this section, agree to receive deposits, renew time deposits, close loans,
service loans, receive payments on loans and other obligations and, with the prior approval
of the superintendent, perform other services as an agent for any depository institution.
(b) An Alabama state bank that proposes to enter into an agency agreement to perform services
other than those specifically designated in subsection (a) shall file with the superintendent
at least 30 days before the effective date of the agreement: (1) A notice of intention to
enter into such an agency agreement with a depository institution; (2) A description of the
services other than those specifically designated in subsection (a) proposed to be performed
under the agency agreement; and (3) A copy of the agreement. (c) If any proposed service is
not specifically designated in subsection (a) and has not previously been...
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5-3A-2
Section 5-3A-2 Acceptance of examinations and reports of federal bank regulatory agency, etc.
The superintendent is authorized to accept, in his discretion, in lieu of any examination
authorized by the laws of this state to be conducted by his department the examination that
may have been made of same within a reasonable period by a federal bank regulatory agency,
provided a copy of said examination is furnished to said superintendent. Nothing in this section
shall be construed to limit the duty of any banks in this state, deposits in which are to
any extent insured under the provisions of the Federal Deposit Insurance Act or of any amendment
of or substitution for the same, to comply with the provisions of said act, its amendments
or substitutions or the requirements of said corporation relative to examinations and reports,
nor to limit the powers of the superintendent with reference to examinations and reports under
existing law. (Acts 1980, No. 80-658, §5-3-2.)...
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