Whenever it shall appear to the superintendent that any bank has violated its charter or any law of the state, or is conducting business in any unauthorized manner, or that the bank may suspend payment of its obligations, or if its capital is impaired and not made good under the requirement of the superintendent within the required time, or if any such bank or an affiliate of such bank as defined in Section 5-3A-1 shall refuse to submit its papers, books, and concerns to the inspection of the superintendent or any examiner, or if any officer thereof shall refuse to be examined on oath touching the conducting of any such bank, or if any such bank shall suspend payment of its obligations, or if from any examination the superintendent shall have reason to conclude that such bank is in an unsound or unsafe condition to transact the business for which it was organized, or that it is unsafe for it to continue business, or if any such bank shall neglect or refuse to observe any order of the superintendent directing or requiring the doing or cessation of any particular thing required to be done or not to be done by law, the superintendent may call a meeting of the Banking Board and submit to the board matters of default or misconduct in the affairs of the bank, of which the bank shall have notice and upon which the bank may be heard in person or by counsel, and if the board or a majority of the board so directs, the superintendent shall forthwith take possession of the property and business of such bank and retain such possession until such bank shall resume business or a receiver is appointed, as provided in this chapter. Notwithstanding the provisions of Section 5-2A-43, for purposes of this section, a quorum of the board shall be a majority of those present and entitled to vote.
Structure Code of Alabama
Title 5 - Banks and Financial Institutions.
Chapter 8A - Liquidation of Banks.
Section 5-8A-21 - Liquidation of Bank by Superintendent Without Assent of Banking Board.
Section 5-8A-22 - Institution of Civil Action for Vacation of Charter, Liquidation, etc., of Bank.
Section 5-8A-24 - Appointment of Receiver to Liquidate Bank.
Section 5-8A-25 - Passage of Title to Assets, etc., of Banking Institution to Receiver.
Section 5-8A-26 - Use of Bank Examiner's Reports as Evidence in Liquidation Proceedings, Etc.
Section 5-8A-28 - Creation of Liens Against Bank After Possession by Superintendent.
Section 5-8A-29 - Resumption of Business of Bank.
Section 5-8A-30 - Collection of Claims of Bank, Etc.
Section 5-8A-31 - Subrogation of Federal Deposit Insurance Corporation.
Section 5-8A-32 - Sale, etc., of Bad Debts and Property of Bank.
Section 5-8A-33 - Negotiation of Loans, Granting of Security, etc., on Behalf of Closed Bank.
Section 5-8A-34 - Loans From and Sale of Assets to Federal Deposit Insurance Corporation for Bank.
Section 5-8A-35 - Assumption or Rejection of Executory Contracts by Receiver.
Section 5-8A-37 - Payment of Compensation.
Section 5-8A-38 - Deposit of Funds Collected by Receiver.
Section 5-8A-39 - Notice for and Filing of Claims Against Bank.
Section 5-8A-40 - Preferred Claims.
Section 5-8A-41 - Inventory of Assets of Bank; Filing List of Claims.
Section 5-8A-42 - Objections to Claims; Unproven or Unclaimed Deposits.
Section 5-8A-43 - Rejection of Claims.
Section 5-8A-44 - Actions Upon Rejected Claims; Late Claims.
Section 5-8A-45 - Payment of Dividends to Creditors.
Section 5-8A-46 - Final Distribution, Termination of Receivership and Dissolution of Bank.