27-30-6
Section 27-30-6 Capital stock or surplus requirements for existing associations. Any domestic
mutual aid association which immediately prior to January 1, 1972, lawfully held a certificate
of authority or license to transact such business in this state and which is otherwise in
compliance with the requirements of this chapter shall be entitled to have a certificate of
authority while it has and maintains unimpaired paid-in capital stock, if a stock corporation,
or surplus, if a mutual corporation, as follows: (1) If it is a stock corporation, it must
have and maintain capital stock of at least $25,000.00; except, that an association having
unimpaired paid-in capital stock on January 1, 1972, in less than such amount shall as of
each December 31, following January 1, 1972, have increased its unimpaired paid-in capital
stock by an amount equal to not less than 20 percent of such original deficiency, so that,
and until not later than the fifth such December 31, the association shall have...
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27-27-12
Section 27-27-12 Deposit of solicitation permit funds in escrow - Requirement. (a) All funds
received in Alabama pursuant to a solicitation permit, other than advance premiums for insurance
which are subject to Section 27-27-18, shall, by the permit holder, be deposited and held
in escrow in a bank or trust company located in this state under an agreement approved by
the commissioner. (b) No part of such funds shall be withdrawn from such deposit, except:
(1) For the payment of promotion, sales, and organization expenses as authorized by the solicitation
permit, and funds for such purposes may be withheld from the deposit; (2) For the purpose
of making any deposit with the commissioner required for the issuance of a certificate of
authority to an insurer; (3) If the proposed organization is not to be an insurer, upon completion
of payments on securities subscriptions made under the solicitation permit and deposit or
appropriation of such funds to the purposes specified in the...
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27-31-29
Section 27-31-29 Proceedings when assets of insurer insufficient. (a) If the assets of a reciprocal
insurer are at any time insufficient to discharge its liabilities, other than any liability
on account of funds contributed by the attorney or others, and to maintain the required surplus,
its attorney shall forthwith make up the deficiency or levy an assessment upon the subscribers
for the amount needed to make up the deficiency, but subject to the limitation set forth in
the power of attorney or policy. (b) If the attorney fails to make up such deficiency or to
make the assessment within 30 days after the commissioner orders him to do so or if the deficiency
is not fully made up within 60 days after the date the assessment was made, the insurer shall
be deemed insolvent and shall be proceeded against as authorized by this title. (c) If liquidation
of such an insurer is ordered, an assessment shall be levied upon the subscribers for such
an amount, subject to limits as provided by this...
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27-32-11
Section 27-32-11 Orders - Rehabilitation of domestic insurers. (a) An order to rehabilitate
a domestic insurer shall direct the commissioner forthwith to take possession of the property
of the insurer and to conduct the business thereof and to take such steps toward removal of
the causes and conditions which have made rehabilitation necessary as the court may direct.
(b) If at any time the commissioner deems that further efforts to rehabilitate the insurer
would be useless, he may apply to the court for an order of liquidation. (c) The commissioner
or any interested person, upon due notice to the commissioner, at any time may apply to the
court for an order terminating the rehabilitation proceedings and permitting the insurer to
resume possession of its property and the conduct of its business, but no such order shall
be made or entered except when, after a hearing, the court has determined that the purposes
of the proceeding have been fully accomplished. (Acts 1971, No. 407, p. 707,...
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27-27-4
Section 27-27-4 Solicitation permit - Requirement. (a) No person forming, or proposing to form,
in this state or secure funds in this state for the financing of an insurer, or insurance
holding corporation or stock corporation to finance an insurer or corporation to be attorney-in-fact
for a reciprocal insurer or a syndicate, association, firm, partnership, or organization for
any such purposes, whether domestic or foreign, shall advertise or solicit or receive any
funds, subscription, or membership on account thereof in this state except as authorized by
a currently effective solicitation permit issued by the commissioner, in addition to complying
with other applicable provisions of the law. (b) Any person violating this section shall,
upon conviction thereof, be subject to a fine of not more than $10,000.00 or imprisonment
for not more than 10 years, or by both such fine and imprisonment. (c) Any insurer violating
this section, in addition to any other penalties provided by law,...
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27-41-36
Section 27-41-36 Prohibited investments; underwriting, etc., of offerings of securities or
property. (a) After January 1, 1978, an insurer shall not invest in nor lend its funds upon
the security of any note or other evidence of indebtedness of any director, officer, or controlling
stockholder of the insurer, except as to policy loans authorized under Section 27-41-25 and
except as provided in Sections 27-1-2, 27-27-26, and 27-37-2 of the Alabama Insurance Code.
(b) No insurer shall underwrite or participate in the underwriting of an offering of securities
or property by any other person; provided, that nothing in this subsection shall prevent an
insurer from purchasing securities or property directly from any person so long as the purchase
is made for investment purposes and not for the purpose of resale through public distribution.
(Acts 1977, No. 408, p. 530, §39.)...
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45-37-123.194
Section 45-37-123.194 Prohibition against diversion of funds. (a) Except as provided below
and otherwise specifically required by law, it shall be impossible by operation of the plan
or of the trust agreement, by termination of either, by power of revocation or amendment,
by the happening of any contingency, by collateral arrangement, or by any other means, for
any part of the corpus or income of any trust fund maintained pursuant to the plan or any
funds contributed thereto to be used for, or diverted to, purposes other than the exclusive
benefit of members, former members, or their beneficiaries; and no funds of the system, whether
in cash, securities, or otherwise, nor any income or yield thereof, shall be subject to or
exacted on account of, any tax; and no retirement or disability allowance or right to return
of contributions, or other benefits payable as set forth in the plan, shall be assignable
or be subject to execution, levy, attachment, garnishment, or other legal process....
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27-27-10
Section 27-27-10 Solicitation permit - Bond or deposit in lieu thereof; waiver of same. (a)
Except as to proposed domestic insurers which are subject to the requirements of Section 27-27-16,
the commissioner shall not issue a solicitation permit until the applicant therefor has filed
with him 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 proposed Alabama investors in and creditors
of the proposed organization. (b) The bond shall be conditioned upon the payment of costs
incurred by the state in event of any legal proceedings for liquidation or dissolution of
the proposed organization before completion of organization or in event a certificate of authority
is not granted and upon a full accounting for funds received until the proposed insurer has
been granted its certificate of authority or until the proposed corporation, syndicate, organization,
or financing has been completed as defined in the...
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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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33-2-8
Section 33-2-8 General provisions relative to inland waterways improvement bonds and temporary
loans. In order to provide funds for the purposes herein authorized, the Governor is hereby
empowered to execute, with the concurrence of the director of state docks, and to sell the
state's bonds in such amounts, not exceeding in the aggregate the sum of $3,000,000.00 as
may be necessary for said purposes, all under and subject to the following provisions: Said
bonds shall be appropriately designated as inland waterways improvement bonds of the state.
The bonds may be issued from time to time in one or more series and the bonds of each series
shall be payable in substantially equal annual installments of principal and interest at such
times as may be designated by the State Docks Department with approval of the Governor; provided,
that the first installment of principal of the bonds of each series must mature not later
than 10 years from the date of such series and the last installment of...
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