27-32-13
Section 27-32-13 Orders - Liquidation - Alien insurers. An order to liquidate the business
of a United States branch of an alien insurer having trusteed assets in this state shall be
in the same terms as those prescribed for domestic insurers, save and except only that the
assets of the business of such United States branch shall be the only assets included therein.
(Acts 1971, No. 407, p. 707, §632.)...
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27-32-7
Section 27-32-7 Grounds - Liquidation of domestic or alien insurers. The commissioner may apply
to the court for an order appointing him as receiver, if his appointment as receiver shall
not be then in effect, and directing him to liquidate the business of a domestic insurer or
of the United States branch of an alien insurer having trusteed assets in this state, regardless
of whether or not there has been a prior order directing him to rehabilitate such insurer,
upon any of the grounds specified in Section 27-32-6, or if such insurer: (1) Has ceased transacting
business for a period of one year; or (2) Is an insolvent insurer and has commenced voluntary
liquidation or dissolution, or attempts to commence or prosecute any action or proceeding
to liquidate its business or affairs, or to dissolve its corporate charter, or to procure
the appointment of a receiver, trustee, custodian, or sequestrator under any law except this
title. (Acts 1971, No. 407, p. 707, §626.)...
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27-32-15
Section 27-32-15 Conduct of delinquency proceedings - Domestic and alien insurers. (a) Whenever
under this chapter a receiver is to be appointed in delinquency proceedings for a domestic
or alien insurer, the court shall appoint the commissioner as such receiver. The court shall
order the commissioner forthwith to take possession of the assets of the insurer and to administer
the same under the orders of the court. (b) As a domiciliary receiver, the commissioner shall
be vested by operation of law with the title to all of the property, contracts, and rights
of action and all of the books and records of the insurer, wherever located, as of the date
of entry of the order directing him to rehabilitate or liquidate a domestic insurer or to
liquidate the United States branch of an alien insurer domiciled in this state, and he shall
have the right to recover the same and reduce the same to possession; except, that ancillary
receivers in reciprocal states shall have, as to assets located in...
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27-3-15
Section 27-3-15 Deposit requirements - Alien insurers - Trusteed assets. (a) In order to comply
with the requirements of Section 27-3-14, an alien insurer shall appoint citizens of the United
States of America or public depositaries or trust institutions located in the United States,
all as approved by the commissioner, as trustee, or trustees, to hold its funds and assets
in trust for the benefit of its policyholders or policyholders and creditors in the United
States. Any such trustee, or trustees, shall be named by the board of directors or comparable
directive body of the insurer, and a certified copy of the record of the appointment and of
the deed of trust shall be filed with the commissioner. (b) Funds and assets so held, to the
extent that they consist of cash, securities and other assets of the same general character
as are eligible for the investment of like funds of a domestic insurer, under Sections 27-1-8
and 27-1-9, shall constitute the assets of the insurer for the...
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27-3-29
Section 27-3-29 Protection of state insurers against foreign discriminatory or onerous requirements.
(a) The purpose of this section is to aid in the protection of insurers formed under the laws
of Alabama and transacting insurance in other states or countries against discriminatory or
onerous requirements under the laws of such states or countries or the administration thereof.
(b) When by or pursuant to the laws of any other state or foreign country, any taxes, licenses,
and other fees, in the aggregate, and any fines, penalties, deposit requirements, or other
material obligations, prohibitions, or restrictions are, or would be, imposed upon Alabama
insurers, or upon the agents or representatives of such insurers, which are in excess of such
taxes, licenses, and other fees, in the aggregate, or which are in excess of the fines, penalties,
deposit requirements, or other obligations, prohibitions, or restrictions directly imposed
upon similar insurers, or upon the agents or...
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27-6A-2
Section 27-6A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ACTUARY. A person
who is a member in good standing of the American Academy of Actuaries. (2) INSURER. A person
defined in subdivisions (2) and (3) of Section 27-1-2. (3) MANAGING GENERAL AGENT. Any person,
firm, or association who does both of the following: a. Manages all or part of the insurance
business of an insurer, including the management of a separate division, department, or underwriting
office. b. Acts as a producer for an insurer whether known as a managing general agent, manager,
or other similar term, who, with or without the authority, either separately or together with
affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written
premium equal to or more than five percent of the policyholder surplus as reported in the
last annual statement of the insurer in any one...
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27-5B-7
Section 27-5B-7 Reinsurer maintaining a trust fund. (a) Credit shall be allowed when the reinsurance
is ceded to an assuming insurer that maintains a trust fund in a qualified U.S. financial
institution, as defined in subsection (b) of Section 27-5B-15, for the payment of the valid
claims of its U.S. ceding insurers, their assigns and successors in interest. To enable the
commissioner to determine the sufficiency of the trust fund, the assuming insurer shall report
annually to the commissioner information substantially the same as that required to be reported
on the NAIC Annual Statement form by licensed insurers. The assuming insurer shall submit
to examination of its books and records by the commissioner and bear the expense of examination.
(b)(1) Credit for reinsurance shall not be granted under this section unless the form of the
trust and any amendments to the trust have been approved by either: a. The commissioner of
the state where the trust is domiciled. b. The commissioner of...
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5-13B-115
Section 5-13B-115 Seizure of foreign bank's property and business; liquidation. (a) If the
superintendent finds that any of the factors set forth in Section 5-13B-113 are true with
respect to any foreign bank which is licensed to establish and maintain an Alabama state branch
or Alabama state agency and that it is necessary for the protection of the interests of the
creditors of such foreign bank's business in this state or for the protection of the public
interest that he or she take immediate possession of the property and business of the foreign
bank, the superintendent may by order forthwith take possession of the property and business
of the foreign bank in this state and retain possession until the foreign bank resumes business
in this state or is finally liquidated. The foreign bank may, with the consent of the superintendent,
resume business in this state upon such conditions as the superintendent may prescribe by
regulation or order. (b) At any time within 10 days after the...
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27-29-3
Section 27-29-3 Acquisition of control of, or merger with, domestic insurers. (a)(1) No person
other than the issuer shall make a tender offer for or a request or invitation for tenders
of, or enter into any agreement to exchange securities for, seek to acquire, or acquire in
the open market any voting security of a domestic insurer if, after the consummation thereof,
such person would, directly or indirectly, or by conversion or by exercise of any right to
acquire, be in control of such insurer, and no person shall enter into an agreement to merge
with or otherwise to acquire control of a domestic insurer, or any person controlling a domestic
insurer unless, at the time any such offer, request, or invitation is made or any such agreement
is entered into, or prior to the acquisition of such securities if no offer or agreement is
involved such person has filed with the commissioner and has sent to such insurer a statement
containing the information required by this section and such...
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27-33-2
Section 27-33-2 Deposit of assets in trust. (a) An alien insurer may use Alabama as a state
of entry to transact insurance in the United States by making and maintaining in this state
a deposit of assets in trust with a solvent bank or trust company approved by the commissioner.
(b) The deposit, together with other trust deposits of the insurer held in the United States
for the same purpose, shall be in amount not less than the deposits required of an alien insurer
under Section 27-3-14 and shall consist of cash and/or securities eligible for the investment
of the funds of like domestic insurers. (c) Such a deposit may be referred to as "trusteed
assets." (Acts 1971, No. 407, p. 707, §657.)...
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