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27-17A-10
Section 27-17A-10 Certificate required. (a) No person may sell a preneed contract without first
having a valid certificate of authority. (b)(1) No person may receive any funds for payment
on a preneed contract who does not hold a valid certificate of authority. (2) Any preneed
transaction in which a buyer pays to the seller before need, in whole or in part, a purchase
price for funeral or cemetery merchandise and services, and in which the seller is not obligated
to deliver the contracted for merchandise or to perform the services until need, in whole
or in part, shall be evidenced by a written preneed contract satisfying the requirements of
this chapter and signed by the seller and the purchaser. No person may receive or accept any
form of consideration in such a transaction without a fully signed written preneed contract.
A transaction not evidenced by a signed written preneed contract shall be voidable at the
election of the buyer and, if such election is made, the seller shall...
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27-2-14
Section 27-2-14 Records, documents, and files - Custody; inspection; reproduction; destruction.
(a) The commissioner shall keep and preserve in permanent form accurate and complete records
of his proceedings, including also a concise statement of the result of such examination of
insurers by the commissioner, record and file all bonds and contracts and shall file such
records in the department. The commissioner is responsible for the custody and preservation
of all records, documents, and files of the department. (b) The records of the commissioner
and insurance filings in his office shall be open to public inspection, except as otherwise
provided by this title. (c) The commissioner may photograph, microphotograph, or reproduce
on film, whereby each page will be reproduced in exact conformity with the original, all financial
records, financial statements of domestic insurers, reports of business transacted in this
state by foreign insurers, reports of examination of domestic insurers,...
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27-7-35.1
Section 27-7-35.1 Payment of commission, etc., to person not licensed. (a) An insurance company
or insurance producer shall not pay a commission, service fee, brokerage, or other valuable
consideration to a person for selling, soliciting, or negotiating insurance in this state
if that person is required to be licensed under this chapter and is not so licensed. (b) A
person shall not accept a commission, service fee, brokerage, or other valuable consideration
for selling, soliciting, or negotiating insurance in this state if that person is required
to be licensed under this chapter and is not so licensed. (c) Renewal or other deferred commissions
may be paid to a person for selling, soliciting, or negotiating insurance in this state if
the person was required to be licensed under this chapter at the time of the sale, solicitation,
or negotiation and was so licensed at that time. (d) An insurer or insurance producer may
pay or assign commissions, service fees, brokerages, or other...
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34-31-32
Section 34-31-32 Violations; penalties. (a) Any person engaged in business as a certified contractor
or performing the functions of a certified contractor in violation of this chapter shall be
guilty of a Class A misdemeanor, as defined by the state criminal code. (b) The board may,
at its discretion, impose late penalties on those certified contractors who fail to renew
certificates by December 31 of each year. The board may also remove certification from any
certified person who fails to renew his or her certificate by the first day of March and require
the person to apply for a new certificate. Furthermore, the board may at its discretion, remove,
revoke, or suspend the certification from any certified contractor who provides substandard
or dangerous service, repair, or installation, or who otherwise violates this chapter, and
may require such person to apply for a new certification. The board may, in its discretion,
also require the successful re-testing of any such person who...
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27-29-6
Section 27-29-6 Registered insurers - Examination of records, etc., of insurer or affiliates.
(a) Subject to the limitation contained in this section and in addition to the powers which
the commissioner has under Sections 27-2-7, 27-2-21, 27-2-23, and 27-2-26, relating to the
examination of insurers, the commissioner shall also have the power to examine any insurer
registered under Section 27-29-4 and its affiliates to ascertain the financial condition of
the insurer, including the enterprise risk to the insurer by the ultimate controlling party,
by any entity or combination of entities within the insurance holding company system, or by
the insurance holding company system on a consolidated basis. (b)(1) The commissioner may
order any insurer registered under Section 27-29-4 to produce such records, books, or other
information papers in the possession of the insurer or its affiliates as are reasonably necessary
to determine compliance with this title. (2) To determine compliance with...
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11-89A-8
Section 11-89A-8 Powers of authority; location of facilities of authority. (a) Every authority
shall have all of the powers necessary and convenient to carry out and effectuate the purposes
and provisions of this chapter, including (without limiting the generality of the foregoing)
the following powers: (1) To have succession in its corporate name for the duration of time
(which may be in perpetuity, subject to the provisions of Section 11-89A-21 specified in its
certificate of incorporation); (2) To sue and be sued in its own name in civil suits and actions
and to defend suit against it; (3) To adopt and make use of a corporate seal and to alter
the same at pleasure; (4) To adopt, alter, and repeal bylaws, regulations, and rules, not
inconsistent with the provisions of this chapter, for the regulation and conduct of its affairs
and business; (5) To acquire, whether by gift, purchase, transfer, foreclosure, lease, or
otherwise, to construct and to expand, improve, operate, maintain,...
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13A-9-150
Section 13A-9-150 Public assistance fraud; penalties. (a) For the purposes of this section,
public assistance means money or property provided directly or indirectly to eligible persons
through programs of the federal government, the state, or any political subdivision thereof,
including any program administered by a public housing authority. (b) It shall be unlawful
for an individual or business entity to knowingly do any of the following: (1) Fail, by false
statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material
fact used in making a determination as to the qualification of the person to receive public
assistance. (2) Fail to disclose a change in circumstances in order to obtain or continue
to receive any public assistance to which he or she is not entitled or in an amount larger
than that to which he or she is entitled. (3) Aid and abet another person in the commission
of the prohibitions enumerated in subdivisions (1) and (2). (4) Use,...
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27-27-7
Section 27-27-7 Solicitation permit - Issuance; contents; compliance with terms. (a) Upon the
filing of any bond required by Sections 27-27-10 or 27-27-16, after notice by the commissioner
provided for in subsection (a) of Section 27-27-6, or upon his decision to grant a solicitation
permit if such a bond is not so required, the commissioner shall issue to the applicant or
to the newly formed corporation, if the application is on behalf of a newly formed incorporated
domestic insurer, a solicitation permit. Every solicitation permit issued by the commissioner
shall contain provisions in substance as follows: (1) State the securities or other rights
or interests for which subscriptions are to be solicited, the number, classes, par value,
and selling price thereof, or identify the insurance contract, or contracts, for which applications
and advance premiums or deposits of premium are to be solicited in the case of mutual or reciprocal
insurers; (2) Require that any particular class of...
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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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39-2-12
Section 39-2-12 Partial and final payments of contractors by awarding authorities. (a) As used
in this section the following words shall have the meanings ascribed to them as follows: (1)
CONTRACTOR. Any natural person, partnership, company, firm, corporation, association, limited
liability company, cooperative, or other legal entity licensed by the Alabama State Licensing
Board for General Contractors. (2) NONRESIDENT CONTRACTOR. A contractor which is neither a.
organized and existing under the laws of the State of Alabama, nor b. maintains its principal
place of business in the State of Alabama. A nonresident contractor which has maintained a
permanent branch office within the State of Alabama for at least five continuous years shall
not thereafter be deemed to be a nonresident contractor so long as the contractor continues
to maintain a branch office within Alabama. (3) RETAINAGE. That money belonging to the contractor
which has been retained by the awarding authority conditioned on...
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