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27-42-5
Section 27-42-5 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ACCOUNT. Any one
of the three accounts created by Section 27-42-6. (2) AFFILIATE. A person who directly, or
indirectly, through one or more intermediaries, controls, is controlled by, or is under common
control with another person on December 31 of the year immediately preceding the date the
insurer becomes an insolvent insurer. (3) ASSOCIATION. The Alabama Insurance Guaranty Association
created under Section 27-42-6. (4) CLAIMANT. Any insured making a first party claim or any
person instituting a liability claim. The term does not include a person who is an affiliate
of an insolvent insurer. (5) COMMISSIONER. The Commissioner of Insurance of the State of Alabama.
(6) CONTROL. The possession, direct or indirect, of the power to direct or cause the direction
of the management and policies of a person, whether...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-42-5.htm - 5K - Match Info - Similar pages
5-5A-18.1
Section 5-5A-18.1 Banks and trust companies to have power of federally chartered or regulated
financial institution. In addition to all other rights and powers provided under this title,
banks and trust companies chartered by this state and supervised by the superintendent and
banks or trust companies chartered by any other state which are doing business or proposing
to conduct any bank or trust company activities in this state and each of their subsidiaries,
subject to the prior approval of the superintendent, may make any loan or investment , exercise
any power, and engage in any activity which they could make , exercise, or engage in if incorporated
or operating as a federally chartered or regulated financial institution and they shall be
entitled to all rights, privileges, and protections granted or available to federally chartered
or regulated financial institutions. In addition to other conditions determined at the superintendent's
discretion, any approval granted under this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-5A-18.1.htm - 3K - Match Info - Similar pages
16-47-79
Section 16-47-79 Repayment of loans. (a) Scholarships extended under subdivisions (1) and (3)
of subsection (a) of Section 16-47-78 shall be repaid following graduation either in cash
as is provided under subsection (b) or under the terms of a contract to serve in a needy area
in Alabama for a term to be specified by the board as provided in subsection (c). Any moneys
received from recipients in repayment of a scholarship loan under subsections (b) and (c)
shall upon receipt thereof be retained by the Board of Scholarship Awards to be used for funding
of future scholarships. The board shall establish a separate fund for these purposes. (b)
Scholarship loans to be repaid under this subsection shall be repaid to the Board of Dental
Scholarship Awards in full at an interest rate of six percent per annum from the date of graduation
from dental school. Payments are to be made annually, the first of which is due one year after
the recipient enters the practice of dentistry or one year after...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-47-79.htm - 5K - Match Info - Similar pages
19-3D-7
Section 19-3D-7 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. NOTICE; EXERCISE OF
DECANTING POWER. (a) In this section, a notice period begins on the day notice is given under
subsection (c) and ends 59 days after the day notice is given. (b) Except as otherwise provided
in this chapter, an authorized fiduciary may exercise the decanting power without the consent
of any person and without court approval. (c) Except as otherwise provided in subsection (f),
an authorized fiduciary shall not exercise the decanting power prior to 60 days after giving
record notice of the intended exercise of the decanting power to: (1) each settlor of the
first trust, if living or then in existence; (2) each qualified beneficiary of the first trust;
(3) each holder of a presently exercisable power of appointment over any part or all of the
first trust; (4) each person that currently has the right to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3D-7.htm - 3K - Match Info - Similar pages
27-10-26
Section 27-10-26 Eligibility of insurers for placement of surplus line insurance. (a) A surplus
line broker shall not knowingly place surplus line insurance with an insurer that is unsound
financially, or that is ineligible under this section. The broker shall ascertain the financial
condition of the unauthorized insurer before placing insurance therewith. (b) The broker shall
not so insure with any of the following: (1) With any insurer which is not an authorized insurer
in at least one state of the United States for the kind of insurance involved, and with capital
or surplus, or both, amounting to at least five million dollars ($5,000,000); or guaranteed
trust fund amounting to at least five million dollars ($5,000,000). (2) With an alien insurer
not authorized to transact insurance in at least one state of the United States, unless the
insurer shall have established an effective trust fund of at least two million five hundred
thousand dollars ($2,500,000) within the United States...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-10-26.htm - 4K - Match Info - Similar pages
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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27-2B-14
Section 27-2B-14 RBC reports with respect to 1996. (a) For RBC reports required to be filed
by life insurers with respect to 1996, the following requirements shall apply in lieu of the
provisions of Sections 27-2B-4, 27-2B-5, 27-2B-6, and 27-2B-7 as follows: (1) In the event
of a company action level event, with respect to a domestic insurer, the commissioner shall
take no regulatory action hereunder. (2) In the event of a regulatory action level event under
subdivisions (1), (2), or (3) of subsection (a) of Section 27-2B-5, the commissioner shall
take the actions required under Section 27-2B-4. (3) In the event of a regulatory action level
event under subdivisions (4), (5), (6), (7), (8), or (9) of subsection (a) of Section 27-2B-5,
or an authorized control level event, the commissioner shall take the actions required under
Section 27-2B-5 with respect to the insurer. (4) In the event of a mandatory control level
event with respect to an insurer, the commissioner shall take the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-2B-14.htm - 2K - Match Info - Similar pages
27-30-18
Section 27-30-18 Deposit - Amounts; purpose; kind. (a) Each mutual aid association shall, prior
to issuance of its certificate of authority, deposit and thereafter maintain on deposit with
the Treasurer of the State of Alabama securities of the kind authorized under subsection (d)
of this section, in the amount of not less than $5,000.00. If in any calendar year the gross
premium receipts of the association from business done within this state exceed $50,000.00,
the association shall, not later than the March 30 next following such calendar year, increase
the amount of its deposit so made and maintained in accordance with the following schedule:
Gross premium receipts during calendar year Amount of deposit required More than $50,000 but
less than $150,000 $10,000 Equal to 150,000 but less than 250,000 15,000 Equal to 250,000
but less than 350,000 20,000 Equal to 350,000 but less than 500,000 25,000 Equal to 500,000
but less than 750,000 50,000 Equal to 750,000 but less than 1,000,000...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-30-18.htm - 2K - Match Info - Similar pages
27-32-20
Section 27-32-20 Claims in delinquency proceedings - Priorities. (a) In a delinquency proceeding
against an insurer domiciled in this state, claims owing to residents of ancillary states
shall be preferred claims if like claims are preferred under the laws of this state. All such
claims owing to residents or nonresidents shall be given equal priority of payment from general
assets regardless of where such assets are located. (b) In a delinquency proceeding against
an insurer domiciled in a reciprocal state, claims owing to residents of this state shall
be preferred if like claims are preferred by the laws of that state. (c) The owners of special
deposit claims against an insurer for which a receiver is appointed in this or any other state
shall be given priority against their several special deposits in accordance with the provisions
of the statutes governing the creation and maintenance of such deposits. If there is a deficiency
in any such deposit so that the claims secured thereby...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-32-20.htm - 2K - Match Info - Similar pages
27-33-5
Section 27-33-5 Trust agreement - Requirement; approval by commissioner. (a) The deposit referred
to in Section 27-33-2 shall be made under a written trust agreement between the insurer and
the trustee, consistent with the provisions of this chapter, and shall be authenticated in
such form and manner as the commissioner may designate or approve. (b) The agreement shall
not be effective until filed with and approved in writing by the commissioner. The commissioner
shall not approve any trust agreement found by him not to be in compliance with the law or
the terms of which do not in fact provide reasonably adequate protection for the insurer's
policyholders or policyholders and creditors in the United States. (Acts 1971, No. 407, p.
707, ยง660.)...
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