Code of Alabama

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27-35-5
Section 27-35-5 Conversion into stock or mutual life insurance company - Ratification or amendment
of articles of incorporation - Filing. (a) The articles of incorporation so adopted or as
so amended, as the case may be, shall be filed with the probate judge as required of domestic
insurers under this title; except, that no bond or solicitation permit shall be required.
(b) At the time of filing of articles of incorporation or amended articles of incorporation
with the commissioner, the society shall likewise file a report of the meeting of its supreme
governing or legislative body referred to in Sections 27-35-3 and 27-35-4, certified by the
presiding officer thereof under the corporate seal, if the society has a corporate seal. (Acts
1927, No. 537, p. 624; Acts 1971, No. 407, p. 707, §731.)...
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27-27-40
Section 27-27-40 Loans by domestic insurers. (a) A domestic stock or mutual insurer may borrow
money to defray the expenses of its organization, provide it with surplus funds or for any
purpose of its business, upon a written agreement that such money is required to be repaid
only out of the insurer's surplus in excess of that stipulated in such agreement. The agreement
may provide for interest at a reasonable rate per annum, which interest shall, or shall not,
constitute a liability of the insurer as to its funds other than such excess of surplus, as
stipulated in the agreement. No commission or promotion expense shall be paid in connection
with any such loan. (b) Money so borrowed, together with the interest thereon if so stipulated
in the agreement, shall not form a part of the insurer's legal liabilities except as to its
surplus in excess of the amount thereof stipulated in the agreement or be the basis of any
setoff, but, until repaid, financial statements filed or published by...
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27-30-26
Section 27-30-26 Incorporation and financing of new associations. New domestic mutual aid associations,
whether stock corporations or mutual corporations, shall hereafter be incorporated and financed
under the same provisions and procedures as apply to domestic legal reserve stock or mutual
insurers under Chapter 27 of this title, other than provisions made inapplicable under Section
27-30-33 or in conflict with the express provisions of this chapter; except, that, if to be
a mutual corporation, its articles of incorporation shall provide either for the contingent
liability of its members for the payment of losses and expenses of the association or the
general conditions under which such members may otherwise be required to pay assessments for
the payment of such losses and expenses, and the liability of members to assessment shall
be further detailed in the corporation's bylaws. (Acts 1971, No. 407, p. 707, §584.)...
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27-31B-21
Section 27-31B-21 Conversion to or merger with reciprocal insurer. (a) An association captive
insurance company or industrial insured group formed as a stock or mutual corporation may
be converted to or merged with and into a reciprocal insurer in accordance with a plan therefor
and this section. (b) A plan for this conversion or merger shall satisfy both of the following:
(1) Be fair and equitable to the shareholders, in the case of a stock insurer, or the policyholders,
in the case of a mutual insurer. (2) Provide for the purchase of the shares of any nonconsenting
shareholder of a stock insurer or the policyholder interest of any nonconsenting policyholder
of a mutual insurer in substantially the same manner and subject to the same rights and conditions
as are accorded a dissenting shareholder under Article 13, commencing with Section 10-2B-13.01,
of Chapter 2B of Title 10. (c) A conversion authorized under subsection (a) shall satisfy
all of the following: (1) The conversion shall...
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27-27-39
Section 27-27-39 Dividends - Liability for illegal dividends by domestic insurers. (a) Any
director of a domestic stock or mutual insurer who knowingly votes for, or concurs in, declaration
or payment of a dividend to stockholders or members except as authorized in Sections 27-27-37
or 27-27-38 shall, upon conviction thereof, be guilty of a misdemeanor and shall be jointly
and severally liable, together with other such directors likewise voting for or concurring,
for any loss thereby sustained by the insurer. (b) Any stockholder receiving such an illegal
dividend shall be liable in the amount thereof to the insurer. (c) The commissioner may revoke
or suspend the certificate of authority of an insurer which has declared or paid such an illegal
dividend. (Acts 1971, No. 407, p. 707, §535.)...
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27-27-15
Section 27-27-15 Domestic mutual insurers - Authorization to transact insurance. (a) When newly
organized, a domestic mutual insurer may be authorized to transact any one of the kinds of
insurance listed in the schedule contained in subsection (b) of this section. (b) When applying
for an original certificate of authority, the insurer must be otherwise qualified therefor
under this title and must have received and accepted bona fide applications as to substantial
insurable subjects for insurance coverage of a substantial character of the kind of insurance
proposed to be transacted, must have collected in cash the full premium therefor at a rate
not less than that usually charged by other insurers for comparable coverages, must have surplus
funds on hand and deposited as of the date such insurance coverages are to become effective
or, in lieu of such applications, premiums and surplus and may deposit surplus, all in accordance
with that part of the following schedule which applies to...
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27-27-48
Section 27-27-48 Bulk reinsurance - Domestic mutual insurers. (a) A domestic mutual insurer
may reinsure all, or substantially all, its business in force or all, or substantially all,
of a major class thereof with another insurer, stock or mutual, by an agreement of bulk reinsurance
after compliance with this section. No such agreement shall become effective unless filed
with the commissioner and approved by him in writing after a hearing thereon. (b) The commissioner
shall approve such agreement within a reasonable time after filing if he finds it to be fair
and equitable to each domestic insurer involved, and that such reinsurance if effectuated
would not substantially reduce the protection or service to its policyholders. If the commissioner
does not so approve, he shall so notify each insurer involved in writing, specifying his reasons
therefor. (c) The plan and agreement for such reinsurance must be approved by vote of not
less than two-thirds of each domestic mutual insurer's...
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27-27-16
Section 27-27-16 Domestic mutual insurers - Bond or deposit in lieu thereof. (a) Before soliciting
any applications for insurance required under Section 27-27-15, as qualification for the original
certificate of authority, the incorporators of the proposed mutual insurer shall file with
the commissioner a corporate surety bond in the penalty of $15,000.00 in favor of the State
of Alabama and for the use and benefit of the state and of applicant members and creditors
of the corporation. The bond shall be conditioned as follows: (1) Upon payment of any loss
suffered by applicants who have cancelled or lapsed existing insurance policies due to misrepresentation
by the incorporators or by persons soliciting such applications under authorization by the
corporation, to the effect that the making of such application for insurance and prepayment
of premiums in such proposed insurer provides insurance protection prior to issuance of a
certificate of authority to such insurer by the...
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27-31-17
Section 27-31-17 Determination of financial condition. In determining the financial condition
of a reciprocal insurer, the commissioner shall apply the following rules: (1) He shall charge
as liabilities the same reserves as are required of incorporated insurers issuing nonassessable
policies on a reserve basis; (2) The surplus deposits of subscribers shall be allowed as assets,
except that any premium deposits delinquent for 90 days shall first be charged against such
surplus deposit; (3) The surplus deposits of subscribers shall not be charged as a liability;
(4) All premium deposits delinquent less than 90 days shall be allowed as assets; (5) An assessment
levied upon subscribers and not collected shall not be allowed as an asset; (6) The contingent
liability of subscribers shall not be allowed as an asset; and (7) The computation of reserves
shall be based upon premium deposits, other than membership fees, and without any deduction
for expenses and the compensation of the attorney....
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27-27-18
Section 27-27-18 Domestic mutual insurers - Deposit in trust of premiums or fees on qualifying
applications. (a) All sums collected by a domestic mutual corporation as premiums or fees
on qualifying applications for insurance therein shall be deposited in trust in a bank or
trust company in this state under a written trust agreement approved by the commissioner and
consistent with this section and with subdivision (c) (3) of Section 27-27-17. The corporation
shall file an executed copy of such trust agreement with the commissioner. (b) Upon issuance
to the corporation of a certificate of authority as an insurer for the kind of insurance for
which such applications were solicited, all funds so held in trust shall become the funds
of the insurer, and the insurer shall, thereafter in due course, issue and deliver its policies
for which premiums had been paid and accepted. The insurance provided by such policies shall
be effective as of the date of the certificate of authority or...
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