Code of Alabama

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5-5A-26
Section 5-5A-26 Acceptance of drafts or bills of exchange arising from transactions involving
shipment of goods - Limitations. No bank shall accept, whether in a foreign or domestic transaction,
for any one person, company, firm or corporation, to an amount equal at any time in the aggregate
to more than 10 percent of its paid up and unimpaired capital and surplus, unless the bank
is secured either by attached documents or by some other actual security growing out of the
same transaction as the acceptance, and no bank shall accept such bills to an amount equal
at any time in the aggregate to more than one half of its paid up and unimpaired capital stock
and surplus. Banks which are members of the Federal Reserve System may accept such bills to
an amount not exceeding at any time in the aggregate 100 percent of their paid up and unimpaired
capital and surplus, but the aggregate of acceptances growing out of domestic transactions
shall in no event exceed 50 percent of such capital and...
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27-31B-8
Section 27-31B-8 Formation of captive insurance companies in this state. (a) A pure captive
insurance company or a protected cell captive insurance company shall be formed as a stock
or mutual insurer, or as a nonprofit or limited liability company with its capital divided
into units and held by the stockholders, members, or other equivalent as allowed by law. (b)
An association captive insurance company, an industrial insured captive insurance company,
or a risk retention group may be formed in any of the following ways: (1) Organized as a stock
insurer with its capital divided into share units and held by the stockholders, members, or
other equivalent as allowed by law. (2) Organized as a mutual insurer without capital stock,
the governing body of which is elected by the member organizations of its association. (3)
Organized as a reciprocal insurer in accordance with Chapter 31 of this title. (4) Organized
as a manager-managed limited liability company. (c) A captive insurance...
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10A-20-7.11
Section 10A-20-7.11 Loans to corporation by members. Each member of the corporation shall make
loans to the corporation as and when called upon by it to do so on the terms and other conditions
as shall be approved from time to time by the board of directors, subject to the following
conditions: (1) All loan limits shall be established at the one thousand dollars ($1,000)
amount nearest to the amount computed in accordance with the provisions of this section. (2)
No loan to the corporation shall be made if immediately thereafter the total amount of the
obligations of the corporation would exceed 50 times the amount then paid in on the outstanding
capital stock of the corporation. (3) The total amount outstanding on loans to the corporation
made by any member at any one time, when added to the amount of the investment in the capital
stock of the corporation then held by the member, shall not exceed: a. Twenty percent of the
total amount then outstanding on loans to the corporation by all...
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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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27-29-2
Section 27-29-2 Subsidiaries and affiliates of domestic insurers. (a) Authorization. A domestic
insurer, either by itself or in cooperation with one or more persons, may organize or acquire
one or more subsidiaries. The subsidiaries may conduct any kind of business or businesses
and their authority to do so shall not be limited by reason of the fact that they are subsidiaries
or affiliates of a domestic insurer. (b) Additional investment authority. In addition to investments
in common stock, preferred stock, debt obligations, and other securities permitted under all
other sections of this title, a domestic insurer may also: (1) Invest, in common stock, preferred
stock, debt obligations, and other securities of one or more subsidiaries, amounts which do
not exceed the lesser of 10 percent of such insurer's assets or 50 percent of the insurer's
surplus as regards policyholders, provided that after such investments, the insurer's surplus
as regards policyholders will be reasonable in...
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27-31B-11
Section 27-31B-11 Grounds and procedures for suspension or revocation of license. (a) The license
of a captive insurance company to do an insurance business in this state may be suspended
or revoked by the commissioner for any of the following reasons: (1) Insolvency or impairment
of capital or surplus. (2) Failure to meet the requirements of Section 27-31B-6. (3) Refusal
or failure to submit an annual report, as required by Section 27-31B-9, or any other report
or statement required by law or by lawful order of the commissioner. (4) Failure to comply
with its own charter, bylaws, or other organizational document. (5) Failure to submit to examination
or any legal obligation relative thereto, as required by Section 27-31B-10. (6) Refusal or
failure to pay the cost of examination, as required by Section 27-31B-10. (7) Use of methods
that, although not otherwise specifically prohibited by law, nevertheless render its operation
detrimental or its condition unsound with respect to the...
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27-36A-10
Section 27-36A-10 Minimum reserves. (a) In no event shall a company's aggregate reserves for
all life insurance policies, excluding disability and accidental death benefits, issued on
or after January 1, 1972, be less than the aggregate reserves calculated in accordance with
the methods set forth in Sections 27-36A-8, 27-36A-9, 27-36A-12, and 27-36A-13 and the mortality
table or tables and rate or rates of interest used in calculating nonforfeiture benefits for
the policies. (b) In no event shall the aggregate reserves for all policies, contracts, and
benefits be less than the aggregate reserves determined by the qualified actuary to be necessary
to render the opinion required by Section 27-36A-4. (Act 2016-411, ยง2.)...
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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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41-15-10
Section 41-15-10 Premiums and collected earnings to constitute trust fund; surplus may be invested
in bonds, stocks, mutual funds, etc.; limitations and conditions; requisition for payment
of losses, expenses, etc. All premiums and earnings collected under the provisions of this
chapter shall constitute a trust fund to be applied as authorized in this chapter. With the
approval of the Governor, any surplus in the fund over a necessary working capital, which
shall be determined by the Director of Finance, at not less than $400,000.00, may be invested
in the bonds or other obligations of the United States, of the State of Alabama or of any
agency, institution or instrumentality of the State of Alabama. The Director of Finance shall
also have the authority to invest and reinvest said state insurance trust funds in such classes
of bonds, mortgages, common and preferred stocks, shares of investment companies or mutual
funds or other investments as the Finance Director with the consent of...
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27-27-49.1
Section 27-27-49.1 Recovery. (a) If an order for liquidation or rehabilitation of a domestic
insurer has been entered, the receiver appointed under such order shall have a right to recover
on behalf of the insurer, (i) from any parent corporation or holding company or person or
affiliate who otherwise controlled the insurer, the amount of distributions (other than distributions
of shares of the same class of stock) paid by the insurer on its capital stock, or (ii) any
payment in the form of a bonus, termination settlement, or extraordinary lump sum salary adjustment
made by the insurer or its subsidiary to a director, officer, or employee, where the distribution
or payment pursuant to (i) or (ii) is made at any time during the one year preceding the petition
for liquidation, conservation, or rehabilitation, as the case may be, subject to the limitations
of subsections (b), (c), and (d) of this section. (b) No such distribution shall be recoverable
if the parent or affiliate shows that...
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