Code of Alabama

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8-6-5
Section 8-6-5 Registration of securities - Registration by notification. (a) The following
securities may be registered by notification, whether or not they are also eligible for registration
by coordination under Section 8-6-6: (1) Any security whose issuer and any predecessors have
been in continuous operation for at least five years if: a. There has been no default during
the current fiscal year or within the three preceding fiscal years in the payment of principal,
interest, or dividends on any security of the issuer, or any predecessor, with a fixed maturity
or a fixed interest or dividend provision; and b. The issuer and any predecessors during the
past three fiscal years have had average net earnings determined in accordance with generally
accepted accounting practices which are applicable to all securities without a fixed maturity
or a fixed interest or dividend provision and which: 1. Equal at least five percent of the
amount of securities without a fixed maturity or a fixed...
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34-11-35
the board for any act done in good faith and in the intended performance of any power granted
under this chapter or for any neglect or default in the performance or exercise in good faith
of any duty or power. (f) In carrying out the duties, functions, and obligations of this chapter,
the board may contract with any state agency or private vendor as the board considers appropriate.
The board may also enter contracts to acquire, own, encumber, issue, replace, deal in, and
dispose of real and personal property. (g) The board may appoint committees to assist
the board's efforts in carrying out the responsibilities of this chapter. All individuals
appointed by the board to serve on committees are entitled to reimbursement of expenses as
approved by the board. (h) The board may adopt rules enabling the collection of fees in amounts
necessary to enable the board to carry out its function under this chapter, provided the fees
do not exceed the maximum amounts allowed under this chapter. (i)...
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27-44-8
Section 27-44-8 Powers and duties of association. (a) If a member insurer is an impaired insurer,
the association may, in its discretion and subject to any conditions imposed by the association
that do not impair the contractual obligations of the impaired insurer, and that are approved
by the commissioner: (1) Guarantee or reinsure, or cause to be guaranteed, assumed, or reinsured,
any or all of the covered policies of the impaired insurers. (2) Provide such moneys, pledges,
notes, guarantees, or other means as are proper to effectuate subdivision (1), and assure
payment of the contractual obligations of the impaired insurer pending action under subdivision
(1). (b) If a member insurer is an insolvent insurer, the association shall, in its discretion
and subject to the approval of the commissioner, do either of the following: (1)a. Guarantee,
assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, the covered policies
of the insolvent insurer. b. Assure payment of the...
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11-65-22
Section 11-65-22 Acquisition of interest in horse racing facility licensee or operator. (a)
A disqualified person may not acquire or hold an interest in a horse racing facility licensee
or an operator. A commission may require that a disqualified person dispose of its interest
in a horse racing facility licensee or an operator within a reasonable period of time provided
that (i) the commission shall determine at a hearing that the owner of such interest is a
disqualified person and (ii) the person who is alleged to be a disqualified person shall receive
notice of and an opportunity to be heard at such hearing. Any person aggrieved by an action
of a commission pursuant to this section may appeal to the circuit court of the host county
pursuant to Section 11-65-12. (b) Any person desiring to acquire stock in, a partnership or
other ownership interest in, or to become an owner or member of, any entity which holds a
horse racing facility license or an operator's license hereunder who,...
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27-28-2
Section 27-28-2 Plan for exchange of stock, etc., between domestic stock insurer and holding
company - Procedure for exchange. A plan of exchange shall be adopted and become effective
in the following manner: (1) APPROVAL OF THE BOARDS OF DIRECTORS. - The boards of directors
of each corporate party to the plan of exchange by resolution shall adopt the plan of exchange
which shall set forth the terms and conditions of the exchange and the mode of carrying the
same into effect and such other provisions with respect to the exchange as may be deemed necessary
or desirable. (2) APPROVAL OF COMMISSIONER. - Every plan of exchange, before being submitted
to vote of the stockholders pursuant to subdivision (3) of this section, shall be submitted
for approval to the commissioner in accordance with the following procedure: a. After the
approval required by subdivision (1) of this section is obtained, the domestic company shall
submit to the commissioner three copies of the plan of exchange and...
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27-10-33
Section 27-10-33 Service of process in action or proceeding against insurer. (a) Any unauthorized
insurer issuing a policy or assuming a direct insurance risk under this surplus line law shall
be deemed thereby to have appointed the commissioner as its attorney upon whom may be served
all lawful process in any action or proceeding against it in this state arising out of such
insurance. (b) Service of process upon the commissioner as process agent of the insurer shall
be made by the proper officer of Montgomery County by serving copies in triplicate of the
process upon the commissioner or upon his assistant, deputy, or other person in charge of
his office. Upon receiving such service, the commissioner shall promptly forward a copy thereof
by certified mail or registered mail to the person last designated to receive the same, as
provided in subsection (c) of this section, return one copy with his admission of service,
and retain one copy in the files of the department. (c) Each such...
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27-10-55
Section 27-10-55 Exemptions. This Unauthorized Insurers Process Act shall not apply as to surplus
line insurance lawfully effectuated under this title nor to any action or proceeding against
an unauthorized insurer arising out of: (1) Wet marine and transportation insurance; (2) Insurance
on, or with respect to, subjects located, resident or to be performed wholly outside this
state or on, or with respect to, vehicles or aircraft owned and principally garaged outside
this state; (3) Insurance on property or operations of railroads engaged in interstate commerce;
or (4) Insurance on aircraft or cargo of such aircraft or against liability, other than employer's
liability, arising out of the ownership, maintenance, or use of such aircraft where the policy
or contract contains a provision designating the commissioner as its attorney for the acceptance
of service of lawful process in any action or proceeding instituted by, or on behalf of, an
insured or beneficiary arising out of any such...
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27-10-3
Section 27-10-3 Actions by unauthorized insurers not allowed; exceptions. (a) No unauthorized
insurer shall institute or file, or cause to be instituted or filed, any action or proceeding
in this state to enforce any right, claim, or demand arising out of any insurance transaction
in this state until such insurer has obtained a certificate of authority to transact such
insurance in this state. (b) This section does not apply as to: (1) Transactions for which
a certificate of authority is not required; (2) Surplus line coverages written under this
chapter; or (3) Coverages exempted from the surplus line law under Section 27-10-34. (Acts
1963, No. 521, p. 1112, §6; Acts 1971, No. 407, p. 707, §193.)...
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27-10-51
foreign or alien insurer: (1) The issuance or delivery of contracts of insurance to residents
of this state or to corporations authorized to do business therein; (2) The solicitation of
applications for such contracts; (3) The collection of premiums, membership fees, assessments,
or other considerations for such contracts; or (4) Any other transaction of insurance business;
is equivalent to, and shall constitute, an appointment by such insurer of the commissioner
and his successor or successors in office to be its true and lawful attorney, upon whom may
be served all lawful process in any action or proceeding instituted by, or on behalf of, an
insured or beneficiary arising out of any such contract of insurance; and any such act shall
be signification of the insurer's agreement that such service of process is of the same legal
force and validity as personal service of process in this state upon such insurer.
(Acts 1951, No. 768, p. 1335, §2; Acts 1971, No. 407, p. 707, §215.)...
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27-6-8
Section 27-6-8 Securities and assets - Authority to sell; exception. The commissioner shall
exercise the power granted by the power of attorney provided for in Section 27-6-7 or otherwise
sell any security or asset under any assignment, transfer or conveyance pursuant to Section
27-6-6, only pursuant to, and in accordance with, an order of a court of competent jurisdiction
in a proper proceeding or action to which the insurer owning such securities or assets is
a party. This section shall not apply as to the special deposits of surety insurers which
are subject to Section 27-6-13. (Acts 1953, No. 727, p. 981, §2; Acts 1971, No. 407, p. 707,
§104.)...
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