Code of Alabama

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27-35-8
Section 27-35-8 Conversion into stock or mutual life insurance company - Completion; effect.
(a) When a fraternal benefit society has complied with the provisions of this chapter and
with the laws of this state relating to domestic stock life insurers or domestic mutual life
insurers, as the case may be, and has received from the commissioner a certificate of authority
to transact business in this state, its reorganization and conversion into such stock insurer
or mutual insurer shall be complete. (b) The reorganized and converted corporation shall be
deemed in law to be a continuation of the fraternal benefit society, whether the reorganization
and conversion shall have been accomplished by the formation of a new corporation or by the
amendment of the certificate of incorporation of the former society; and such reorganized
and converted corporation shall succeed to, and become invested with, all and singular, the
rights, privileges, franchises, and all property, real, personal, or...
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2-10-56
Section 2-10-56 Contents of articles of incorporation; signing, acknowledgment and filing.
Each association formed under this article shall prepare and file articles of incorporation,
setting forth: the name of the association; the purposes for which it was formed; the place
where its principal business will be transacted; the term for which it is to exist; the number
of directors thereof, which must not be less than five and may be any number in excess thereof;
the term of office of such directors; the names and addresses of the persons who are to serve
as incorporating directors until their successors are elected and qualified; if organized
without capital stock, whether the property rights and interest of each member shall be equal
or unequal, and, if unequal, the articles shall set forth the general rule or rules applicable
to all members by which the property rights and interests, respectively, of each member may
and shall be determined and fixed, and the association shall have...
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27-30-9
Section 27-30-9 Certificate of authority - Issuance or refusal. If, upon completion of the
application for a certificate of authority, the commissioner finds: (1) That the documents
filed with the application are lawful and equitable in terms and have been properly executed
and filed; (2) That the applicant has the amount of unimpaired paid-in capital stock and/or
surplus as required under this chapter and has made the deposit required under Section 27-30-18;
(3) That the forms of contracts, policies, or other agreements proposed to be used by the
association in this state fulfill the requirements of Section 27-30-14 and are not disapproved
by him on any ground referred to in subsection (c) of Section 27-30-14; (4) That the proposed
schedule of fees, dues, contributions, or other sums to be charged or received by the association
are provided for on a practical and feasible basis and would be adequate in amount to cover
the risks and obligations to be assumed by the association under...
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27-32-27
Section 27-32-27 Voidable transfers and liens. (a) Any transfer of, or lien upon, the property
of an insurer which is made or created within four months prior to the granting of an order
to show cause under this chapter with the intent of giving to any creditor a preference or
of enabling him to obtain a greater percentage of his debt than any other creditor of the
same class and which is accepted by such creditor, having reasonable cause to believe that
such preference will occur, shall be voidable. (b) Every director, officer, employee, stockholder,
member, subscriber, and any other person acting on behalf of such insurer who shall be concerned
in any such act or deed and every person receiving thereby any property of such insurer of
the benefit thereof shall be personally liable therefor and shall be bound to account to the
commissioner. (c) The commissioner, as receiver in any proceeding under this chapter, may
avoid any transfer of, or lien upon, the property of an insurer which...
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27-32-6
Section 27-32-6 Grounds - Rehabilitation of domestic insurers. The commissioner may apply to
the court for an order appointing him as receiver of, and directing him to rehabilitate, a
domestic insurer upon one or more of the following grounds. That the insurer: (1) Is impaired
or insolvent; (2) Has refused to submit any of its books, records, accounts, or affairs to
reasonable examination by the commissioner; (3) Has concealed or removed records or assets
or otherwise violated Section 27-27-29; (4) Has failed to comply with an order of the commissioner
to make good an impairment of capital or surplus, or both; (5) Has transferred, or attempted
to transfer, substantially its entire property or business or has entered into any transaction
the effect of which is to merge substantially its entire property or business in that of any
other insurer without having first obtained the written approval of the commissioner; (6)
Has willfully violated its charter or articles of incorporation or any...
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27-33-13
Section 27-33-13 Trusteed assets - Withdrawal. (a) The trust agreement shall provide, in substance,
that no withdrawals of trusteed assets shall be made by the insurer or permitted by the trustee
without the written authorization or approval of the commissioner in advance thereof except
as follows: (1) Any or all income, earnings, dividends, or interest accumulations of the trusteed
assets may be paid over to the United States manager of the insurer upon request of the insurer
or the manager; (2) For substitution, coincidentally with such withdrawal, of other securities
or assets of value at least equal in amount to those being withdrawn, if such substituted
securities or assets are likewise such as are eligible for investment of the funds of like
domestic insurers and if such withdrawal is requested in writing by the insurer's United States
manager pursuant to general or specific written authority previously given or delegated by
the insurer's board of directors, or other similar...
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27-41-3
Section 27-41-3 Investments which may be counted as admitted assets generally; investments
and obligations for investments deemed eligible investments under chapter generally; filing
with commissioner of certified statements as to investments or obligations for investments
not deemed eligible under chapter; assets or funds to which investment limitations based upon
amounts of insurers assets or particular funds relate. (a) Only eligible investments may be
counted as admitted assets. (b) Every investment lawfully held by a life, disability, or burial
insurer on January 1, 1978, and every investment which the life, disability, or burial insurer
became obligated to make prior to January 1, 1978, which was a lawful investment for the insurer
at the time made or at the time the insurer became obligated to make it shall be an eligible
investment. Any particular investment held by an insurer on May 17, 1993, or any amendment
thereto, which was a legal investment at the time it was made, and...
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27-6-15
Section 27-6-15 Release of deposit - Generally. (a) All deposits in this state made under this
title shall be held on deposit as long as there is outstanding any liability of the insurer
with respect to which the deposit was made. (b) Any such deposit shall be released and returned:
(1) To the insurer upon extinguishment by reinsurance in an insurer authorized to transact
such insurance in this state, or otherwise, of all liability of the insurer for the security
of which the deposit is held; (2) To the insurer during solvency, to the extent such deposit
is in excess of the amount required; or (3) Upon proper order of a court of competent jurisdiction,
to the receiver, conservator, rehabilitator, or liquidator of the insurer or to any other
properly designated official, or officials, who succeed to the management and control of the
insurer's assets. (c) The Treasurer shall release any such deposit, or part thereof, upon
written authorization of the commissioner and of the insurer or...
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22-21-370
Section 22-21-370 Posting of securities or surety bond; custody of securities; exemption from
taxation; release of securities or bond; modification orders; hearing; effect of failure to
comply. (a) To assure the faithful performance of its obligations in the event of insolvency
each dental service corporation authorized under Section 22-21-364 shall, through the commissioner,
deposit and maintain with the Treasurer of the State Securities of the type eligible for deposit
by insurers under Section 27-6-3, which securities shall have at all times a market value
as follows: (1) A corporation which has operated no dental service plan in this state prior
to January 1, 1983, shall, prior to the issuance of its certificate of authority and before
receiving any subscription payments, place in trust with the Treasurer of the State, through
the commissioner an initial amount of $50,000.00; (2) A corporation operating a dental service
plan business in this state prior to January 1, 1983, and...
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27-10-2
Section 27-10-2 Liability of persons violating Section 27-10-1; liability of adjusters. (a)
Any person who in this state willfully represents or aids an unauthorized insurer in violation
of Section 27-10-1 shall, in addition to any other applicable penalty, be liable for the full
amount of any loss sustained by the insured under any such contract and for the amount of
any premium taxes which may be payable under Section 27-10-35 by reason of such contract.
(b) Any adjuster who, directly or indirectly, enters into an investigation or adjustment of
any loss arising under a contract of insurance or annuity issued by an unauthorized insurer
and covering at time of issuance a subject of insurance resident, located or to be performed
in this state shall be liable for the full amount of any loss suffered by the insured under
such contract. The commissioner may, after hearing, revoke the license of such an adjuster.
This subsection does not apply as to surplus lines contracts lawfully written...
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