Code of Alabama

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27-2-21
Section 27-2-21 Examinations - Affairs, etc., of insurers and surplus line brokers. (a) For
the purpose of determining its financial condition, ability to fulfill its obligations and
compliance with the law, the commissioner shall examine the affairs, transactions, accounts,
records, and assets of each authorized insurer, and the records of surplus line brokers restricted
to those matters under Section 27-10-29, including the attorney-in-fact of a reciprocal insurer
insofar as insurer transactions are involved as often as the commissioner deems appropriate
but shall, at a minimum, conduct an examination of every insurer licensed in this state not
less frequently than once every five years. In scheduling and determining the nature, scope,
and frequency of the examinations, the commissioner shall consider such matters as the results
of financial statement analyses and ratios, changes in management or ownership, actuarial
opinions, reports of independent certified public accountants, and...
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12-15-210
Section 12-15-210 Notification to children of right to counsel; appointment of counsel by juvenile
court. (a) In delinquency and child in need of supervision cases, a child and his or her parent,
legal guardian, or legal custodian shall be advised by the juvenile court or its representative
at intake that the child has the right to be represented at all stages of the proceedings
by a child's attorney retained by them or, if they are unable to afford a child's attorney,
by a child's attorney appointed by the juvenile court. (b) If a child's attorney is not retained
by the child or a party in a juvenile court proceeding in which there is a reasonable likelihood
such may result in a placement in an institution in which the freedom of the child is curtailed,
a child's attorney shall be appointed to defend the child. (c) In delinquency and child in
need of supervision proceedings, a juvenile court may appoint a guardian ad litem in addition
to the child's attorney described in this section....
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10A-3-7.13
Section 10A-3-7.13 Liquidation - Filing of claims in liquidation proceedings. In proceedings
to liquidate the assets and affairs of a nonprofit corporation, the court may require all
creditors of the nonprofit corporation to file with the clerk of the court or with the receiver,
in the form as the court may prescribe, proofs under oath of their respective claims. If the
court requires the filing of claims, it shall fix a date, which shall be not less than four
months from the date of the order, as the last day for the filing of claims, and shall prescribe
the notice that shall be given to creditors and claimants of the date so fixed. Prior to the
date so fixed, the court may extend the time for the filing of claims. Creditors and claimants
failing to file proofs of claim on or before the date so fixed may be barred, by order of
court, from participating in the distribution of the assets of the nonprofit corporation.
(Acts 1984, No. 84-290, p. 502, §60; §10-3A-152; amended and...
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26-8-50
Section 26-8-50 Sale of property to effect removal thereof from state - Proceedings under application;
appointment, powers, etc., of commissioner for conduct of sale. The court, in the order of
sale, must appoint a suitable person commissioner to make the sale and, except as otherwise
provided in this article, the authority and duty of such commissioner is the same as that
of a conservator authorized to sell property of a minor or ward for reinvestment. If the commissioner
so appointed fails to act or to complete the sale, another may be appointed at any time by
an order of the court. (Code 1896, §2384; Code 1907, §4474; Code 1923, §8247; Code 1940,
T. 21, §119; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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27-32-21
Section 27-32-21 Attachment, garnishment, and execution. During the pendency of delinquency
proceedings in this or any reciprocal state, no action or proceeding in the nature of an attachment,
garnishment, or execution shall be commenced or maintained in the courts of this state against
the delinquent insurer or its assets. Any lien obtained by any such action or proceeding within
four months prior to the commencement of any such delinquency proceeding, or at any time thereafter,
shall be void as against any rights arising in such delinquency proceeding. (Acts 1971, No.
407, p. 707, §640.)...
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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...
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27-3-20
Section 27-3-20 Suspension or revocation of certificates - Mandatory grounds; notice and hearing.
(a) The commissioner shall suspend or revoke an insurer's certificate of authority: (1) If
such action is required by any provision of this title; (2) If the insurer no longer meets
the requirements for the authority originally granted on account of deficiency of assets or
otherwise; or (3) If the insurer's authority to transact insurance is suspended or revoked
by its state of domicile or state of entry into the United States if an alien insurer. (b)
Except in cases of insolvency or impairment of required capital or surplus or suspension or
revocation by another state as referred to in subdivision (a) (3) of this section, the commissioner
shall give the insurer at least 10 days' notice in advance of any such suspension or revocation
under this section and of the particulars of the reasons therefor. If the insurer requests
a hearing thereon within such 10 days, such request shall...
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5-8A-24
Section 5-8A-24 Appointment of receiver to liquidate bank. The superintendent may under his
or her hand and official seal appoint a receiver to liquidate and distribute the assets of
any bank taken possession of by the superintendent under the provisions of this chapter, the
certificate of appointment to be filed in the office of the superintendent and a certified
copy in the office of the probate judge in the county in which the principal office of such
bank is located. The receiver may be the Federal Deposit Insurance Corporation or any other
agency or corporation created by the United States to act in such capacity or any person selected
by the superintendent; provided, however, no examiner shall be appointed receiver of any bank
whose books, papers, and affairs the examiner shall have examined within one year next preceding
the appointment of such receiver. Any receiver appointed other than the Federal Deposit Insurance
Corporation, or any other agency or corporation created by the...
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10A-3-7.14
Section 10A-3-7.14 Liquidation - Discontinuance of liquidation proceedings. The liquidation
of the assets and affairs of a nonprofit corporation may be discontinued at anytime during
the liquidation proceedings when it is established that cause for liquidation no longer exists.
In that event, the court shall dismiss the proceedings and direct the receiver to redeliver
to the nonprofit corporation all its remaining property and assets. (Acts 1984, No. 84-290,
p. 502, §61; §10-3A-153; amended and renumbered by Act 2009-513, p. 967, §192.)...
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27-11-4
Section 27-11-4 Actions and proceedings against violating or noncomplying insurers. Whenever
the commissioner believes, from evidence satisfactory to him, that any insurer is violating
or not complying with the provisions of this unauthorized insurers law, the commissioner may,
and is hereby empowered to, bring an action or proceeding against such insurer in the Circuit
Court of Montgomery County, Alabama, to enjoin or restrain such violation or continuing noncompliance
or the engaging therein or doing of any act in furtherance of such violation. The Circuit
Court of Montgomery County, Alabama, shall have jurisdiction of the proceedings and shall
have the power and authority to make and enter such order or judgment as to such court shall
be deemed proper. (Acts 1971, No. 407, p. 707, §223.)...
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