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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, ยง657.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-33-2.htm - 1K - Match Info - Similar pages
27-3-14
Section 27-3-14 Deposit requirements - Alien insurers - Generally. (a) An alien insurer shall
not have authority to transact insurance in this state unless it has and maintains within
the United States as deposits with trustees, public depositaries or in trust institutions
approved by the commissioner under Section 27-3-15 assets available for discharge of its United
States insurance obligations, which assets shall be in amount not less than the outstanding
liabilities of the insurer arising out of its insurance transactions in the United States
together with the greater of the following sums: (1) The largest deposit required by Section
27-3-11 to be made by foreign insurers transacting like kinds of insurance; or (2) $300,000.00.
(b) Of the amount deposited by an alien insurer, an amount not less than that required under
subdivisions (a)(1) or (a)(2) of this section shall be deposited and maintained on deposit
in cash or securities eligible for deposit under Section 27-6-3 with the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-3-14.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-3-15.htm - 1K - Match Info - Similar pages
27-33-13
Section 27-33-13 Trusteed assets - Withdrawal. (a) The trust agreement shall provide, in substance,
that no withdrawals of trusteed assets shall be made by the insurer or permitted by the trustee
without the written authorization or approval of the commissioner in advance thereof except
as follows: (1) Any or all income, earnings, dividends, or interest accumulations of the trusteed
assets may be paid over to the United States manager of the insurer upon request of the insurer
or the manager; (2) For substitution, coincidentally with such withdrawal, of other securities
or assets of value at least equal in amount to those being withdrawn, if such substituted
securities or assets are likewise such as are eligible for investment of the funds of like
domestic insurers and if such withdrawal is requested in writing by the insurer's United States
manager pursuant to general or specific written authority previously given or delegated by
the insurer's board of directors, or other similar...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-33-13.htm - 3K - Match Info - Similar pages
27-10-26
part by any government or governmental agency. (5) In any insurer made ineligible as a surplus
line insurer by order of the commissioner received by or known to the broker. The commissioner
may issue an order of ineligibility if he or she finds that the insurer: a. Does not meet
the financial requirements of this section; b. Has without just cause refused to pay valid
claims arising under its contracts in this state or has otherwise conducted its affairs in
a manner as to result in injury or loss to the insuring public of this state; or c.
Has conducted its affairs in a manner as to result in the avoidance of payment of tax as required
by Sections 27-10-31 and 27-10-35. (c) When it appears after a search of surplus lines insurers
that any particular insurance risk which is eligible to be placed in accordance with the surplus
line law but on which insurance coverage, in whole or in part, is not procurable from foreign
or alien insurers meeting all of the requirements of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-10-26.htm - 4K - Match Info - Similar pages
27-6-16
Section 27-6-16 Release of deposit - Filing of statement; authorization of release. (a) Before
authorizing the release of any deposit or excess portion thereof to the insurer, as provided
in Section 27-6-15, the commissioner shall require the insurer to file with him a statement
under its seal and the oath of its chief executive officer, or of its United States manager
in the case of an alien insurer, setting forth the facts upon which it bases its entitlement
to such release. (b) If release of the deposit is claimed by the insurer upon the ground that
its liabilities in this state, as to which the deposit was originally made and is held, have
been assumed by another insurer authorized to transact insurance in this state, the insurer
shall file with the commissioner a copy of the contract or agreement of such reinsurance.
(c) Upon being satisfied by such statement and such other information and evidence as he may
reasonably require and by such examination, if any, of the affairs of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-6-16.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-5B-7.htm - 7K - Match Info - Similar pages
27-32-1
is deemed to be domiciled in such state. (7) ANCILLARY STATE. Any state other than a domiciliary
state. (8) RECIPROCAL STATE. Any state other than this state in which in substance and effect
the provisions of the Uniform Insurers Liquidation Act, as defined in Section 27-32-22, are
in force, including the provisions requiring that the Commissioner of Insurance or equivalent
insurance supervisory official be the receiver of a delinquent insurer. (9) GENERAL ASSETS.
All property, real, personal, or otherwise, not specifically mortgaged, pledged, deposited,
or otherwise encumbered for the security or benefit of specified persons or a limited class
or classes of persons, and as to such specifically encumbered property, the term includes
all such property or its proceeds in excess of the amount necessary to discharge the sum or
sums secured thereby. Assets held in trust and assets held on deposit for the security or
benefit of all policyholders or all policyholders and creditors in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-32-1.htm - 4K - Match Info - Similar pages
27-3-29
the insurers, or upon the agents or representatives of such insurers, of such other state or
country doing business or seeking to do business in Alabama. Any tax, license, or other fee
or other obligation imposed by any city, county, or other political subdivision or agency
of such other state or country on Alabama insurers, or their agents or representatives, shall
be deemed to be imposed by such state or country within the meaning of this section. (c) This
section shall not apply as to personal income taxes, nor as to ad valorem taxes on
real or personal property, nor as to special purpose obligations or assessments imposed
by another state in connection with particular kinds of insurance, other than property insurance;
except, that deductions from premium taxes or other taxes otherwise payable allowed on account
of real estate or personal property taxes paid shall be taken into consideration by
the commissioner in determining the propriety and extent of retaliatory action under...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-3-29.htm - 3K - Match Info - Similar pages
27-6-3
Section 27-6-3 Deposits of insurers - Composition. (a) All such deposits required under Sections
27-3-11, 27-3-12, and 27-3-14 for authority to transact insurance in this state shall consist
of certified checks, or certificates of deposit or any combination of securities, the market
value of which is readily ascertainable, and, if negotiable by delivery or assignment, of
the kinds described below: (1) United States government obligations; (2) State, county, municipal,
and school obligations; (3) Public improvement obligations; (4) Housing authority obligations;
(5) Obligations, stock of certain federal agencies; (6) Canadian governmental obligations;
(7) International banks; (8) Corporate obligations; (9) Equipment trust obligations; and (10)
Railroad leased lines, terminal obligations. (b) All such deposits required of a domestic
insurer pursuant to the laws of another state, province, or country shall be comprised of
securities, if negotiable by delivery or assignment, of the kind,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-6-3.htm - 3K - Match Info - Similar pages
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