40-14A-1
Section 40-14A-1 Definitions. For purposes of this chapter, the following terms shall mean:
(a) ALABAMA S CORPORATION. An S corporation defined under Section 40-18-160. (b) C CORPORATION.
A corporation other than an Alabama S corporation. (c) CODE. The Internal Revenue Code of
1986, as amended from time to time. (d) CORPORATION. An entity, including a limited liability
company electing to be taxed as a corporation for federal income tax purposes, through which
business can be conducted while offering limited liability to the owners of the entity with
respect to some or all of the obligations of the entity, other than a limited liability entity
or a disregarded entity. The term "corporation" shall include but not be limited
to the following: Corporations, professional corporations, joint stock companies, unincorporated
professional associations, real estate investment trusts, limited liability companies electing
to be taxed as corporations for federal income tax purposes, and all...
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27-31C-3
Section 27-31C-3 License to provide homeowners insurance; exemptions; powers and duties. (a)
An Alabama Coastal Captive Insurance Company, if permitted by its articles of incorporation
or organization, operating agreements, or charter, may apply to the commissioner for a license
to write homeowners insurance coverage as limited in Section 27-31B-3(a)(4) and as defined
and limited in the standard real property and contents insurance forms as approved by the
commissioner. (b) An Alabama Coastal Captive Insurance Company that qualified as an association
captive under the provisions of Section 27-31B-8 is exempt from the requirement that the association
be in existence for one year so long as the association is in good standing as an entity before
becoming an owner of an Alabama Coastal Captive Insurance Company. (c) An Alabama Coastal
Captive Insurance Company may write homeowners insurance coverage as limited in Section 27-31B-3(a)(4)
and as limited to perils described in subsection (a)...
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27-31C-5
Section 27-31C-5 Formation requirements. (a) The requirements of Section 27-31B-8 apply to
an Alabama Coastal Captive Insurance Company. (b) The commissioner has discretion to restrict
the form of an Alabama Coastal Captive Insurance Company to one or more of the types of defined
captives listed in Section 27-31B-8, and has the discretion to accept or deny an application
based on a finding that one or more of the incorporation or organization options available
are not feasible for an Alabama Coastal Captive Insurance Company. (Act 2008-391, p. 742,
§2.)...
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27-31B-12
Section 27-31B-12 Legal investments. (a) An association captive insurance company, risk retention
group, and an industrial insured captive insurance company insuring the risks of an industrial
insured group defined in paragraph b. of subdivision (18) of Section 27-31B-2 shall comply
with the investment requirements contained in this title, as applicable; provided, however,
that compliance with these investment requirements shall be waived for risk retention groups
to the extent that credit for risks ceded to reinsurers is allowed pursuant to Section 27-31B-13
or to the extent otherwise deemed reasonable and appropriate by the commissioner. Chapter
37 of this title shall apply to association captives, risk retention groups, and industrial
insured captive insurance companies insuring the risks of industrial insured groups defined
in paragraph b. of subdivision (18) of Section 27-31B-2 except to the extent it is inconsistent
with approved accounting standards in use by the association...
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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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27-31C-9
Section 27-31C-9 Findings of the commissioner. The commissioner may not issue a license to
an Alabama Coastal Captive Insurance Company unless the commissioner finds that the: (1) Coastal
captive insurance company is capitalized adequately or properly reinsured or both, after giving
due consideration to the business plan, feasibility study, and pro formas, including the level
of risk to be retained by the coastal captive insurance company; (2) Proposed business plan
of the coastal captive insurance company provides for a reasonable and expected successful
operation and is not hazardous to any policyholder; (3) Proposed business plan, including
any contracts or agreements to which the coastal captive insurance company is a party, and
the intended operation of the coastal captive insurance company comply with this chapter and
with any other applicable provisions of this title; and (4) Proposed business plan and intended
operation of the coastal captive insurance company satisfy the...
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27-31C-6
Section 27-31C-6 Exemptions from chapter. The commissioner, by rule, regulation, or order,
may exempt an Alabama Coastal Captive Insurance Company, on a case-by-case basis, from provisions
of this chapter that are determined to be inappropriate given the nature of the risks to be
insured and the intent of this chapter. (Act 2008-391, p. 742, §2.)...
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27-31C-7
Section 27-31C-7 Confidentiality of information. The confidentiality provisions of Sections
27-31B-9(b) and 27-31B-10 do not extend to final reports of its financial condition produced
by the commissioner in inspecting or examining an Alabama Coastal Captive Insurance Company
and do not extend to reports submitted by an Alabama Coastal Captive Insurance Company. All
work papers, recorded information, documents, and their copies produced by, obtained by, or
disclosed to the commissioner, his or her designee, or other persons made under this chapter
must be given confidential treatment as provided in Sections 27-31-3(4), 27-31B-9(b), and
27-31B-10. (Act 2008-391, p. 742, §2.)...
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27-31B-19
Section 27-31B-19 Delinquency. (a) Except as otherwise provided in this section, the terms
and conditions set forth in Chapter 32 and Article 2, commencing with Section 27-2-50, of
Chapter 2, pertaining to rehabilitation, reorganization, conservation, and liquidation of
insurers, shall apply in full to captive insurance companies formed or licensed under this
chapter. (b) In the event of an action described in subsection (a) against a protected cell
captive insurance company, both of the following shall apply: (1) The assets of a protected
cell may not be used to pay any expenses or claims other than those attributable to the protected
cell. (2) Its capital and surplus shall at all times be available to pay any expenses of or
claims against the protected cell captive insurance company. (c) Notwithstanding the provisions
of this title, in the event of an insolvency of a protected cell captive insurance company
where the commissioner determines that one or more protected cells remain...
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27-36A-4
Section 27-36A-4 Actuarial opinion of reserves. (a) Actuarial opinion prior to the operative
date of the valuation manual as defined by Section 27-36A-15. (1) GENERAL. Every life insurance
company doing business in this state shall annually submit the opinion of a qualified actuary
as to whether the reserves and related actuarial items held in support of the policies and
contracts specified by the commissioner by regulation are computed appropriately, are based
on assumptions which satisfy contractual provisions, are consistent with prior reported amounts,
and comply with applicable laws of this state. The commissioner, by regulation, shall define
the specifics of this opinion and add any other items deemed to be necessary to its scope.
(2) ACTUARIAL ANALYSIS OF RESERVES AND ASSETS SUPPORTING RESERVES. a. Every life insurance
company, except as exempted pursuant to regulation, shall also annually include in the opinion
required by subdivision (1) an opinion of the same qualified...
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