§ 5-13B-83 — Application to Establish and Maintain a Branch or Agency - Manner of Filing and Determination

Alabama § 5-13B-83

• Jurisdiction: Alabama
• Title 5: Banks and Financial Institutions
• Ch. 13B: Interstate and International Bank Acquisitions, Mergers and Branching
• Art. 3: Regulation of Foreign Banks
• Div. 3: Direct Branch, Agency, and Representative Offices of Foreign Banks

Text

(a) A foreign bank making an application under this article for a license to establish and maintain an Alabama state branch or Alabama state agency shall deliver to the superintendent:
(1) At least two, or more as the superintendent may require by regulation, duplicate originals of the foreign bank’s application; and
(2) At least two, or more as the superintendent may require by regulation, copies of its charter or articles of incorporation and all amendments thereto, duly authenticated by the proper officer of the country of such foreign bank’s organization.
(b) The superintendent shall issue a license to a foreign bank to establish and maintain an Alabama state branch or Alabama state agency if he or she finds that:
(1) The foreign bank is of good character and sound financial standing;
(2) The management of the foreign bank and the proposed management of the Alabama state branch or Alabama state agency are adequate;
(3) The convenience and needs of persons to be served by the proposed Alabama state branch or Alabama state agency will be promoted; and
(4) The foreign bank satisfies such other standards as the superintendent may establish by regulation.
(c) If the superintendent determines to issue a license to a foreign bank to establish and maintain an Alabama state branch or Alabama state agency, he or she shall, when all fees have been paid as required under this article:
(1) Endorse on each document filed as part of the application the word “Filed,” and the date of the filing thereof and return to the foreign bank a copy of each document so endorsed;
(2) File in his or her office one of such duplicate originals of the application and copies of the charter or articles of incorporation and amendments thereto; and
(3) Issue a license to establish and maintain an Alabama state branch or Alabama state agency to such foreign bank.
(d) Each license issued to a foreign bank to establish and maintain an Alabama state branch or Alabama state agency shall state fully the name of the foreign bank to which such license is issued and all such other information as the superintendent may require by regulation or order.
(e) The superintendent may, by regulation or order, prescribe abbreviated application procedures and standards applicable to applications by foreign banks that have already established an initial Alabama state branch or agency, subsequently to establish additional intrastate Alabama state branches or agencies, as the case may be.

Legislative History

(Acts 1995, No. 95-115, p. 134, §31.)