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ALABAMA STATUTES AND CODES

Section 5-13B-4 Permitted acquisitions.

Section 5-13B-4

Permitted acquisitions.

(a) Except as otherwise expressly permitted by federal law, no company may acquire an Alabama bank holding company or an Alabama state bank without the prior approval of the superintendent.

(b) The approval of the superintendent under subsection (a) shall not be required where the acquisition is made:

(1) Solely for the purpose of facilitating an acquisition otherwise permitted under this article which does not require the approval of the superintendent;

(2) In a transaction arranged by the superintendent or another bank supervisory agency to prevent the insolvency or closing of the acquired bank; or

(3) In a transaction in which a bank forms its own bank holding company, if the ownership rights of the former bank shareholders are substantially similar to those of the shareholders of the new bank holding company.

(c) In a transaction for which the superintendent's approval is not required under this section, the parties shall give written notice to the superintendent at least 15 days before the effective date of the acquisition, unless a shorter period of notice is expressly permitted or required under applicable federal law.

(Acts 1995, No. 95-115, p. 134, §4.)

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