(a) No foreign bank which is licensed to establish and maintain an Alabama state branch or Alabama state agency shall engage in fiduciary activities at such office unless such foreign bank shall have first obtained a certificate of authority from the superintendent to engage in fiduciary activities at such office.
(b) An application to obtain a certificate of authority to engage in fiduciary activities shall be in such form and contain such information, and be accompanied by such reasonable fee, as the superintendent may require by regulation. The superintendent shall issue a certificate of authority to engage in fiduciary activities to a foreign bank making an application under this section if he or she finds that such foreign bank will exercise fiduciary powers in accordance with the laws and regulations of this state.
(c) A foreign bank which holds a certificate of authority issued under this section may engage at its Alabama state branch or Alabama state agency in fiduciary activities to the same extent and in the same manner as if such foreign bank were an Alabama state bank.
(d) A foreign bank which holds a certificate of authority issued under this section shall file all such reports, pay all such reasonable fees, and be subject to examination and supervision as the superintendent may determine by regulation.
(e) The superintendent may suspend or revoke a certificate to engage in fiduciary activities issued under this section if he or she finds:
(1) That conditions exist which would authorize the superintendent under this article to revoke or suspend such foreign bank's license to establish and maintain an Alabama state branch or Alabama state agency; or
(2) Any fact or condition exists which, if it had existed at the time of the foreign bank's original application to obtain a certificate of authority to engage in fiduciary activities, would have resulted in the superintendent's refusal to issue such certificate of authority to the foreign bank.
Structure Code of Alabama
Title 5 - Banks and Financial Institutions.
Chapter 13B - Interstate and International Bank Acquisitions, Mergers and Branching.
Article 3 - Regulation of Foreign Banks.
Division 3 - Direct Branch, Agency, and Representative Offices of Foreign Banks.
Section 5-13B-81 - Branches and Agencies of Foreign Banks - Necessity of Licensure.
Section 5-13B-82 - Application to Establish and Maintain a Branch or Agency - Contents.
Section 5-13B-84 - Application Fee.
Section 5-13B-85 - No Concurrent Maintenance of Federal Branches or Agencies.
Section 5-13B-86 - Powers of Branch and Agency.
Section 5-13B-87 - Fiduciary Activities.
Section 5-13B-88 - Authority to Act as Agent.
Section 5-13B-89 - Representative Office of Foreign Banks - Necessity of Licensure.
Section 5-13B-90 - Representative Office - Application.
Section 5-13B-91 - Representative Office - Factors for Approval of Application.
Section 5-13B-92 - Representative Office - Permissible Activities.
Section 5-13B-93 - Representative Office - Revocation of License.
Section 5-13B-94 - Posting of License.
Section 5-13B-95 - Licenses Not Transferable.
Section 5-13B-96 - Appointment of Superintendent as Agent for Service of Process.
Section 5-13B-97 - Service of Process.
Section 5-13B-98 - Filing of Amendments to Articles of Incorporation.
Section 5-13B-99 - Amended License to Establish and Maintain a Branch or Agency.
Section 5-13B-100 - Change of Control of Foreign Bank.
Section 5-13B-101 - Relocation of Office; Written Notice Necessary.
Section 5-13B-102 - Examination; Payment of Fees.
Section 5-13B-103 - Supervision and Enforcement.
Section 5-13B-105 - Confidentiality of Examination Reports.
Section 5-13B-106 - Books, Accounts, and Records.
Section 5-13B-107 - Separate Assets.
Section 5-13B-108 - Disclosure of Lack of Deposit Insurance.
Section 5-13B-109 - Limitations on Payment of Interest on Deposits.
Section 5-13B-110 - Pledge of Assets.
Section 5-13B-111 - Asset Maintenance.
Section 5-13B-112 - Voluntary Closure of Branch, Agency, or Representative Office - Application.
Section 5-13B-113 - Suspension or Revocation of License; Factors.
Section 5-13B-114 - Immediate Suspension or Revocation.
Section 5-13B-115 - Seizure of Foreign Bank's Property and Business; Liquidation.