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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-2A-12.htm - 4K - Match Info - Similar pages
5-9A-1
Section 5-9A-1 Cooperation of superintendent in reorganization of bank. Whenever the board
of directors or a majority of the stockholders of any bank shall request the superintendent
to cooperate in a reorganization of such bank, because of a substantial impairment of the
capital of such bank, the superintendent is authorized to do the following: (1) To make or
have made a careful appraisement of the assets of the bank; (2) If the appraisement shows
the capital to be impaired, to charge the stock down to its actual value, if it has any, and
if the appraisement shows the stock has no value, to charge off all capital, surplus and undivided
profits and thereafter the rights and interests of such stockholders in any of the assets
of the bank shall be subordinate to those of the creditors of the bank and the secured depositors
to the extent of such security so held by such secured depositor; (3) If the capital, surplus
and undivided profits are not sufficient to take care of all losses, to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-9A-1.htm - 2K - Match Info - Similar pages
16-13-305
Section 16-13-305 Approval of issue. (a) A board shall obtain the prior written approval of
the State Superintendent for the issuance of any warrants under this article. Before entering
into any agreement or contract for the issuance and sale, and before the issuance and sale,
of any warrants under this article, the board by which such warrants are proposed to be issued
shall cause an application for approval of such warrants to be filed with the State Superintendent.
Such application shall be in such form and shall contain such information as the State Superintendent
may prescribe, and the State Superintendent may require such further information he or she
may deem necessary relating to the proposed warrants or other financial or educational matters
under the control of such board. The State Superintendent shall not approve the issuance of
any warrants hereunder (i) if it would jeopardize the state's Foundation Program of education,
as prescribed by law and the rules and regulations...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-13-305.htm - 2K - Match Info - Similar pages
5-13B-4
Section 5-13B-4 Permitted acquisitions. (a) No company may acquire an Alabama bank holding
company or an Alabama state bank without the prior approval of the superintendent. (b) The
approval of the superintendent under subsection (a) shall not be required where the acquisition
is made: (1) In a transaction arranged by the superintendent or another bank supervisory agency
to prevent the insolvency or closing of the acquired bank; or (2) In a transaction in which
a bank forms its own bank holding company, if the ownership rights of the former bank shareholders
are substantially similar to those of the shareholders of the new bank holding company. (c)
No Alabama bank holding company may acquire an out-of-state bank or bank holding company without
the prior approval of the superintendent. (d) In a transaction for which the superintendent's
approval is not required under this section, the parties shall give written notice to the
superintendent at least 15 days before the effective date of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-13B-4.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-2A-22.htm - 2K - Match Info - Similar pages
5-12A-1
Section 5-12A-1 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) TRUST INSTITUTION.
Any state bank, any national bank or any trust company authorized to act in a fiduciary capacity
in this state and under the supervision of the Comptroller of the Currency of the United States
or the Federal Reserve System, or the Superintendent of Banks of the State of Alabama. (2)
AFFILIATED TRUST INSTITUTION. A trust institution which, together with one or more other trust
institutions, are each owned or controlled by a bank holding company which is under the supervision
of the Board of Governors of the Federal Reserve System. (3) OWNED OR CONTROLLED. The ownership
by a bank holding company of stock possessions of at least 80 percent of the voting power
of all classes of stock and at least 80 percent of each class of the nonvoting stock (other
than nonvoting stock which is limited and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-12A-1.htm - 2K - Match Info - Similar pages
5-22-2
Section 5-22-2 Definitions. For the purpose of this chapter, the following terms shall have
the meanings ascribed by this section: (1) CURRENCY. Currency and coin of the United States.
(2) FINANCIAL INSTITUTION. Any national bank or banking association, state bank or banking
association, industrial savings bank, trust company, federal savings and loan association,
state savings and loan association, federal savings bank, state savings bank, federal credit
union, state credit union, Edge Act or agreement corporation, or international bank agency,
located in this state, whether organized under the laws of this state, the laws of another
state, or the laws of the United States. (3) PERSON. Any individual, and any corporation,
partnership, association or other such business entity. (Acts 1990, No. 90-469, p. 674, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-22-2.htm - 1K - Match Info - Similar pages
5-23-1
Section 5-23-1 Definitions. The following terms shall have the meanings ascribed to them unless
the context clearly indicates otherwise: (1) TREASURER. The State Treasurer of Alabama. (2)
FINANCIAL INSTITUTION. Any bank, savings and loans association or credit union operating in
Alabama which is chartered under federal or state statutes. (3) FINANCIAL INSTITUTION CREDIT
CARD. A credit card that entitles the holder to make open-account purchases up to an approved
amount and which is issued through a financial institution. (4) SPONSORING ENTITY. An entity,
including specifically the State of Alabama, which solicits the use of a particular financial
institution credit card bearing the entity's name in exchange for a fee from the credit card
issuer. (5) STATE FEES. All moneys generated from this program that are remitted to the State
of Alabama. (Acts 1990, No. 90-524, p. 764, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-23-1.htm - 1K - Match Info - Similar pages
27-28-2
Section 27-28-2 Plan for exchange of stock, etc., between domestic stock insurer and holding
company - Procedure for exchange. A plan of exchange shall be adopted and become effective
in the following manner: (1) APPROVAL OF THE BOARDS OF DIRECTORS. - The boards of directors
of each corporate party to the plan of exchange by resolution shall adopt the plan of exchange
which shall set forth the terms and conditions of the exchange and the mode of carrying the
same into effect and such other provisions with respect to the exchange as may be deemed necessary
or desirable. (2) APPROVAL OF COMMISSIONER. - Every plan of exchange, before being submitted
to vote of the stockholders pursuant to subdivision (3) of this section, shall be submitted
for approval to the commissioner in accordance with the following procedure: a. After the
approval required by subdivision (1) of this section is obtained, the domestic company shall
submit to the commissioner three copies of the plan of exchange and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-28-2.htm - 13K - Match Info - Similar pages
5-12A-5
Section 5-12A-5 Amendment of plan. The plan may be amended from time to time by the fiduciary
with the approval of the board of directors of the trust institution. Any such amendment shall
be filed with the original plan, together with a certified copy of the resolution of the board
of directors of the trust institution approving the same. (Acts 1980, No. 80-658, §5-12-5.)...
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