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8-21A-4
Section 8-21A-4 Termination, cancellation, or nonrenewal of dealer agreement; sales
contract, etc.; new or relocated dealership; sale or lease of new equipment. (a) Except as
provided in subsection (d), notwithstanding any dealer agreement, sales contract, franchise
agreement, or other agreement by and between dealer and supplier except where grounds for
termination or nonrenewal of a dealer's agreement or a change in his or her competitive position
are contained in subdivisions (1), (2), (3), (4), (5), or (6) of subsection (b), a supplier
shall give a dealer at least 90 days' written notice of the supplier's intent to terminate,
cancel, or not renew a dealer agreement or change the dealer's competitive circumstances.
The notice shall state all reasons relied upon by supplier to show good cause for the action
and shall provide the dealer with a reasonable time in which to correct any claimed deficiency
with a minimum of at least six months. Once mutually agreeable steps have been...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus
Lines Insurance Multi-State Compliance Compact Act is enacted into law and entered into with
all jurisdictions mutually adopting the compact in the form substantially as follows: PREAMBLE
WHEREAS, with regard to Non-Admitted Insurance policies with risk exposures located in multiple
states, the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted
and Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-61-1.htm - 62K - Match Info - Similar pages
8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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16-6F-6
Section 16-6F-6 Authorization of establishment; Alabama Public Charter School Commission;
registration requirements; powers and duties of authorizers. (a) Eligible authorizing entities.
(1) A public charter school shall not be established in this state unless its establishment
is authorized by this section. No governmental entity or other entity, other than an
entity expressly granted chartering authority as set forth in this section, may assume
any authorizing function or duty in any form. The following entities shall be authorizers
of public charter schools: a. A local school board, for chartering of schools within the boundaries
of the school system under its jurisdiction, pursuant to state law. b. The Alabama Public
Charter School Commission, pursuant to this section. (2) A local school board that
registers as an authorizer may approve or deny an application to form a public charter school
within the boundaries of the local school system overseen by the local school board. (3) All...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-6F-6.htm - 21K - Match Info - Similar pages
27-5A-5
Section 27-5A-5 Books and records; reinsurance intermediary-brokers. (a) For at least
10 years after expiration of each contract of reinsurance transacted by the reinsurance intermediary-broker,
the reinsurance intermediary-broker shall keep a complete record for each transaction showing
all of the following: (1) The type of contract, limits, underwriting restrictions, classes,
or risks and territory. (2) Period of coverage, including effective and expiration dates,
cancellation provisions, and notice required of cancellation. (3) Reporting and settlement
requirements of balances. (4) Rate used to compute the reinsurance premium. (5) Names and
addresses of assuming reinsurers. (6) Rates of all reinsurance commissions, including the
commissions on any retrocessions handled by the reinsurance intermediary-broker. (7) Related
correspondence and memoranda. (8) Proof of placement. (9) Details regarding retrocessions
handled by the reinsurance intermediary-broker including the identity of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-5A-5.htm - 2K - Match Info - Similar pages
27-5B-8
Section 27-5B-8 Certified reinsurer. (a) Credit shall be allowed when the reinsurance
is ceded to an assuming insurer that is certified by the commissioner as a reinsurer in this
state and secures its obligations in accordance with the requirements of this section.
In order to be eligible for certification, the assuming insurer shall meet all of the following
requirements: (1) The assuming insurer must be domiciled and licensed to transact insurance
or reinsurance in a qualified jurisdiction, as determined by the commissioner pursuant to
subsection (c). (2) The assuming insurer must maintain minimum capital and surplus, or its
equivalent, in an amount to be determined by the commissioner pursuant to regulation. (3)
The assuming insurer must maintain financial strength ratings from two or more rating agencies
deemed acceptable by the commissioner pursuant to regulation. (4) The assuming insurer must
agree to submit to the jurisdiction of this state, appoint the commissioner as its agent...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-5B-8.htm - 9K - Match Info - Similar pages
27-5B-13
Section 27-5B-13 Concentration risk. (a) A ceding insurer shall take steps to manage
its reinsurance recoverables proportionate to its own book of business. A domestic ceding
insurer shall notify the commissioner within 30 days after reinsurance recoverables from any
single assuming insurer, or group of affiliated assuming insurers, exceeds 50 percent of the
domestic ceding insurer's last reported surplus to policyholders, or after it is determined
that reinsurance recoverables from any single assuming insurer, or group of affiliated assuming
insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure
is safely managed by the domestic ceding insurer. (b) A ceding insurer shall take steps to
diversify its reinsurance program. A domestic ceding insurer shall notify the commissioner
within 30 days after ceding to any single assuming insurer, or group of affiliated assuming
insurers, more than 20 percent of the ceding insurer's gross written premium in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-5B-13.htm - 1K - Match Info - Similar pages
45-37-21.08
Section 45-37-21.08 Transfer of business of wholesaler. (a) Upon written notice of intent
to transfer the business of the wholesaler, any individual owning or deceased individual who
owned an interest in a wholesaler may transfer the business of the wholesaler to a designated
member, or any other person who meets the nondiscriminatory, material, and reasonable qualifications
and standards required by the supplier for Alabama wholesalers. The consent or approval of
the supplier shall not be required of any transfer of the business of the wholesaler, including
the assignment of the rights of the wholesaler under the agreement, to a designated member
or shall not be withheld or unreasonably delayed to a proposed transferee, other than a designated
member, who meets such nondiscriminatory, material, and reasonable qualifications and standards.
Provided, however, the supplier shall have the burden of proving that the proposed transferee
fails to meet such qualifications and standards which...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-21.08.htm - 3K - Match Info - Similar pages
8-21C-4
Section 8-21C-4 Manufacturer and dealer agreement - Termination, cancellation, etc.
(a) A manufacturer or distributor, directly or through any authorized officer, agent, or employee,
may terminate, cancel, or fail to renew a manufacturer and dealer agreement with or without
cause. If the manufacturer or distributor terminates, cancels, or fails to renew a manufacturer
and dealer agreement without cause, the manufacturer or distributor shall comply with Section
8-21C-5. If the manufacturer or distributor terminates, cancels, or fails to renew a manufacturer
and dealer agreement with cause, Section 8-21C-5 does not apply. (b) A manufacturer
or distributor has the burden of showing cause for terminating, canceling, or failing to renew
a manufacturer and dealer agreement with a dealer. For purposes of determining whether there
is cause for the proposed action, any of the following factors may be considered: (1) The
extent of the affected dealer's penetration in the area of sales...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21C-4.htm - 6K - Match Info - Similar pages
27-5A-4
Section 27-5A-4 Required contract provisions; reinsurance intermediary-brokers. Transactions
between a reinsurance intermediary-broker and the insurer it represents in that capacity shall
only be entered into pursuant to a written authorization, specifying the responsibilities
of each party. The authorization shall, at a minimum, provide that: (1) The insurer may terminate
the reinsurance intermediary-broker's authority at any time. (2) The reinsurance intermediary-broker
shall render accounts to the insurer accurately detailing all material transactions, including
information necessary to support all commissions, charges, and other fees received by, or
owing, to the reinsurance intermediary-broker, and remit all funds due to the insurer within
30 days of receipt. (3) All funds collected for the insurer's account shall be held by the
reinsurance intermediary-broker in a fiduciary capacity in a bank which is a qualified U.S.
financial institution as defined herein. (4) The reinsurance...
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