Title 5 — Title 5
0 chapters · 627 sections in this title.
Ala. Code § 5-3A-1 Required Times; Items to Be Examined; Applicability to Bank Holding
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Companies and Affiliates. (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) Every bank other …
Ala. Code § 5-3A-10 False Reports by Bank Examiners
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Any bank examiner who shall make a report under oath as to the result of any examination made by him which is knowingly and willfully false shall be guilty of perjury. History: (Acts 1980, No. 80-658, §5-3-10.)
Ala. Code § 5-3A-11 Reports of Examination; Meetings of Banking Board; Confidentiality
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All reports of examination, records reflecting action of a bank or bank holding company, or affiliate of either, taken pursuant thereto, and records and minutes of meetings of the Banking Board relating to a bank or several banks or a bank holding company, or affiliate of either,…
Ala. Code § 5-3A-12 Semiannual Reports by Banks - Required; Verification
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All banks shall make to the superintendent, on the call of the superintendent for such report, not less than two reports during each year, according to the form which may be prescribed by the superintendent. Such report must be verified by the oath or affirmation by the president…
Ala. Code § 5-3A-13 Semiannual Report by Banks - Special Reports of Banks
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The superintendent may call for a special report from any particular bank whenever, in his judgment, the same is deemed necessary for the protection of the public or for a full and complete knowledge of the condition of the bank by the superintendent. A special report called for …
Ala. Code § 5-3A-14 Semiannual Report by Banks - Form; Publication; Penalty for Late
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Report. Each report required by Section 5-3A-12 shall exhibit in detail and under appropriate head the resources and liabilities of each bank at the close of business on any past day specified by the superintendent, not more than five days prior to the issue of the superintendent…
Ala. Code § 5-3A-15 Semiannual Reports by Banks - Republication
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If there are discrepancies in the published report of the bank and the sworn report furnished to the superintendent and if, in the opinion of the superintendent, the discrepancies are due to clerical errors, the superintendent shall notify the bank to republish the report so as t…
Ala. Code § 5-3A-16 Failure to Pay for Publication of Bank Report by Superintendent
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Any bank which fails or refuses to pay the cost and expense of the publication by the superintendent of any report of the bank made in pursuance of the requirements of law shall pay to the state $100.00 plus cost of publication. History: (Acts 1980, No. 80-658, §5-3-16.)
Ala. Code § 5-3A-17 Verification of False Report of Condition of Bank
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Any person who knowingly and willfully signs or verifies by oath or affirmation any false report of the condition of a bank to the superintendent, on call of the superintendent for such report, shall be guilty of perjury. History: (Acts 1980, No. 80-658, §5-3-17.)
Ala. Code § 5-3A-2 Acceptance of Examinations and Reports of Federal Bank Regulatory
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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 ag…
Ala. Code § 5-3A-3 Disclosure of Information Obtained by Superintendent, Bank
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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…
Ala. Code § 5-3A-30 Short Title
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This article shall be known and may be cited as the Examination of Bank Service Providers Act. History: (Act 2018-500, §2.)
Ala. Code § 5-3A-31 Legislative Findings
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The Legislature finds and declares that the connections between banks and service providers create risks to the financial system, as banks are increasingly reliant on third parties to provide or enable key banking functions and other services. Because of the role service provider…
Ala. Code § 5-3A-32 Definitions
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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…
Ala. Code § 5-3A-33 Regulation and Examination of Certain Service Providers; Covered
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Services. (a) Whenever a serviced bank causes to be performed for itself, by contract or otherwise, any of the covered services listed in this section, the performance, condition, and affairs of the service provider are subject to regulation and examination to the same extent as …
Ala. Code § 5-3A-34 Confidentiality of Examination Reports; Availability of Copies
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Examination reports of service providers created or obtained by the superintendent or State Banking Department are confidential subject to Sections 5-3A-3 and 5-3A- 11. The superintendent may furnish a copy, or portions thereof, of a report of any examination performed by the sup…
Ala. Code § 5-3A-35 Powers of Superintendent
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(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 concurre…
Ala. Code § 5-3A-4 Expenses of Special Examinations
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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 Alabam…
Ala. Code § 5-3A-5 Examination of Agency of Foreign Banks
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The superintendent shall have the power to examine or cause to be examined every agency located in this state of any foreign bank for the purpose of ascertaining whether it has violated any law of the state and for such other purposes and to such other matters as the superintende…
Ala. Code § 5-3A-6 Examination of Witnesses and Production of Documents; Penalties for
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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 Ala…
Ala. Code § 5-3A-7 False Swearing, Etc., Before Bank Examiners or Superintendent
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Any person who willfully or corruptly swears or affirms falsely, when being examined under oath by any bank examiner or the superintendent in regard to any material matter or thing, shall be guilty of perjury. History: (Acts 1980, No. 80-658, §5-3-7.)
Ala. Code § 5-3A-8 Reports of Superintendent and Bank Examiners as to Examinations;
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Publication of Reports of Examination for Limited Purposes. Each examiner shall report under oath to the superintendent the result of each examination made by him, which report the superintendent shall keep on file in his office for a period of not less than two years from the ti…
Ala. Code § 5-3A-9 Loans, Gifts, Favors, Etc., to Banking Department Employees from
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Banks, Employees, Etc., Prohibited. (a) No officer, agent or employee of any bank shall offer or give to an employee of the State Banking Department or his family, and no such employee nor his family shall solicit or receive anything of value directly or indirectly from a bank, i…