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5-2A-12
may direct the superintendent to issue an order that imposes civil money penalties on the bank
or bank holding company and affected person and, if so determined by the Banking Board, that
removes any affected person: (1) Who does not comply with the superintendent's order to correct
unsafe and unsound matters if the Banking Board by written order enters a finding that the
bank has thereby suffered or will probably suffer substantial financial loss and that such
practice is one involving personal dishonesty on the part of such affected person or
one which demonstrates a willful and continuing disregard for the safety and soundness of
the bank or bank holding company, the result of which has caused the bank to suffer or which
is likely to cause the bank to suffer substantial financial loss; or (2) Whose conduct: a.
demonstrates personal dishonesty in connection with the business, operations, assets,
or liabilities of the bank or bank holding company; or b. demonstrates a willful and...
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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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5-3A-3
Section 5-3A-3 Disclosure of information obtained by superintendent, bank examiners, etc. (a)
Neither the superintendent, any member of the Banking Board, nor any bank examiner or other
state employee shall disclose the condition and affairs of any bank or bank holding company,
or their subsidiaries or other affiliates, ascertained by an examination of such bank, or
bank holding company, or affiliates, or report or give information as to persons who are depositors
or debtors of a bank, except as authorized or required by law; provided, that this section
shall not be construed to prevent bank examiners and other employees from reporting such information
to the superintendent or such persons as the superintendent may lawfully designate. (b) Notwithstanding
the provisions of subsection (a), the superintendent, at the superintendent's discretion,
may disclose any information, otherwise protected under this section, to the members of the
Banking Board and confer with the members of the...
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5-5A-44
has approved the acquiring party's acquisition plan. All persons with whom the acquiring party
acts directly, indirectly, through, or in concert with to acquire control shall be identified
in the application and shall provide all information required by the superintendent. The acquiring
party shall file its application with the superintendent, and the application shall, except
to the extent expressly waived by the superintendent, contain the following information: (1)
The identity, personal history, business background, and experience of each person
by whom or on whose behalf the acquisition is to be made, including his or her material business
activities and affiliations during the past five years, and a description of any material
pending legal or administrative proceedings in which he or she is a party and any criminal
indictment or conviction of such person by a state or federal court. (2) A statement of the
assets and liabilities of each person by whom or on whose behalf...
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22-18-6
which, under this article or the rules adopted pursuant thereto, may not be performed without
a license or certificate issued by the Board of Health; provided, however, this subdivision
does not apply to EMSP who have the privilege to practice in the state pursuant to the Emergency
Medical Services Personnel Licensure Interstate Compact. No individual shall be subject to
criminal liability pursuant to this section in the event he or she renders first aid or emergency
care at the scene of an injury caused by a motor vehicle crash or by some other incident,
or at the scene of a mass casualty or disaster if: a. The first aid or emergency care is rendered
gratuitously and in good faith; and b. The first aid or emergency care is not rendered in
the course of a business, program, or system which regularly engages in the provision of emergency
medical care. (b) Nothing in this section shall be construed to repeal, abridge, or modify
Section 6-5-332 or any other good Samaritan statute. (c) No...
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5-13B-41
Section 5-13B-41 Definitions. For purposes of this article: (a) The term "bank" means
any bank as defined in: Section 2(c) of the Bank Holding Company Act (12 U.S.C. §1841(c));
Section 3(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. §1813(a)(1)), other than
a branch of a foreign bank; or, as the context may require, in Chapter 5A, Title 5. The term
"bank" as used in this article shall not in any event include a foreign bank or
a branch or agency of a foreign bank. (b) The term "foreign bank" means any company
organized under the laws of a foreign country, a territory of the United States, Puerto Rico,
Guam, American Samoa, or the Virgin Islands, that engages directly in the business of banking.
The term includes foreign commercial banks, foreign merchant banks, and other foreign institutions
that engage in banking activities usual in connection with the business of banking in the
countries where such foreign institutions are organized or operating. (c) The term "out-of-state...
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41-14A-6
Section 41-14A-6 Establishment of SAFE board of directors; powers and duties of the board of
directors. (a) There is hereby established a Board of Directors of the SAFE Program charged
with responsibility and authority to assess and manage the sufficiency of the collateral pool
and the SAFE Program to provide adequate protection from losses to public depositors. In exercising
its powers and performing its responsibilities, the board of directors shall constitute a
body politic under the laws of the state performing the public function of assuring the safety
of public deposits. (b) The State Treasurer shall be a permanent, standing, voting member
of the board of directors and shall serve as its chair. The Superintendent of Banks shall
be a permanent, standing, non-voting member of the board of directors. The remaining six members
shall each possess knowledge, skill, and experience in one or more of the following areas:
(1) Financial analysis. (2) Trend analysis. (3) Accounting. (4)...
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34-25A-6
Section 34-25A-6 Disciplinary actions. (a) The board may invoke disciplinary action as outlined
in subsection (b) whenever it establishes to the satisfaction of the board, after a hearing
as provided in Sections 41-22-1 through 41-22-17, the Alabama Administrative Procedure Act,
that any person or entity to whom a license, registration, accreditation, or renewal thereof
has been issued is guilty of any of the following: (1) Fraud, deceit, or misrepresentation
in obtaining any license, registration, accreditation, or renewal thereof or money or other
thing of value. (2) Gross immorality. (3) Being an habitual user of intoxicants or drugs rendering
the person unfit for the practice of prosthetics, orthotics, or pedorthics. (4) Conviction
of a felony or a misdemeanor involving moral turpitude. (5) Gross negligence in the practice
of prosthetics, orthotics, or pedorthics. (6) Employing, allowing, or permitting any unlicensed
person to perform any work in his or her office or facility...
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5-5A-22
Section 5-5A-22 Limits of indebtedness. (a) No bank shall make a loan to any one person which,
when combined with all other loans to such person, would cause total loans to that person
to exceed: (1) Ten percent of the capital accounts of the bank, if such loans are not secured,
or (2) Twenty percent of the capital accounts of the bank, if loans in excess of 10 percent
of capital are fully secured. (b) No loans which would exceed the limitation set forth in
subsection (a)(1) shall be made unless duly authorized or approved in advance by the board
of directors of the bank, a committee of the board of directors of the bank, or a loan committee,
with such authorization or approval recorded in minutes of the meeting at which the authority
was given. (c)(1) As used in this section, the term "capital accounts" shall include
capital, surplus, and undivided profits as defined in Section 5-1A-2, together with obligations
of the bank subordinated in priority upon liquidation or dissolution to...
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34-9-18
or similar circumstances or the doing of that which a reasonably prudent practitioner would
not have done under the same or similar circumstances. b. For the purposes of this subdivision,
gross negligence is defined as willful or wanton conduct with reckless, malicious, or conscious
disregard for the rights or safety of others, or conduct that is so deliberate, outrageous,
and callous as to display total indifference to the health or safety of a patient, that could
result in serious bodily injury or death. (7) Is guilty of employing, allowing, or
permitting any unlicensed person or persons to perform any work in his or her office which,
under this chapter, can only be legally done by a person or persons holding a license to practice
dentistry or dental hygiene. (8) Willfully or negligently violates the rules of the State
Department of Health or of the board regarding sanitation. (9) Is guilty of division of fees,
or agreeing to split or divide the fee received for dental service with...
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