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45-35-20.06
Section 45-35-20.06 Civil action for violations. (a) In addition to any other remedy or penalty
at law, when there is reason to believe that any person is violating or is about to violate
this part, the Houston County Commission may initiate a civil action in the Circuit Court
of Houston County in the name of the county against the person for preliminary and permanent
injunctive relief, to prevent or enjoin the violation. The Alabama Rules of Civil Procedure
shall apply to the extent that the rules are not inconsistent with this part except that no
temporary restraining order shall be issued pursuant to this section. No bond shall be required
of the county or county commission bringing the action and the official, the county commission,
and the officers, agents, and employees of the county commission shall not be liable for costs
or damages, other than court costs, by reason of injunctive orders not being granted or where
judgment is entered in favor of the defendant by the trial or an...
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8-7A-17
Section 8-7A-17 Orders to cease and desist and other injunctive or civil relief. (a) If the
commission determines that any person has engaged in or is about to engage in any act or practice
constituting a violation of this chapter or a rule adopted or an order issued under this chapter,
the commission, in its discretion, may do any of the following: (1) Issue an order, with or
without a prior hearing or notice, against the person or persons engaged in the act or practice,
directing them to cease and desist from engaging in the act or practice. (2) Issue an order
appointing a receiver or conservator over a respondent or the respondent's assets. (3) Order
restitution or disgorgement against any person who has violated this chapter or any rule adopted
or order issued pursuant to this chapter. (4) Bring an action in any court of competent jurisdiction
to enjoin an act or practice and to enforce compliance with this chapter or any rule adopted
or order issued hereunder. Upon a proper...
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5-8A-22
Section 5-8A-22 Institution of civil action for vacation of charter, liquidation, etc., of
bank. The circuit court of the county in which the principal place of business of the bank
is located, sitting without a jury may upon application of the superintendent vacate the charter
of a bank, liquidate a bank, or appoint a receiver if the directors of the bank knowingly
violate or knowingly permit any of the officers, agents or employees of the bank to violate
any of the provisions of this title. No civil action shall be instituted by any other person
to vacate the charter of or liquidate or appoint a receiver for any bank except as authorized
in Section 5-8A-24. (Acts 1980, No. 80-658, ยง5-8-22.)...
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8-19A-17
Section 8-19A-17 Actions by enforcing authority. The division may bring: (1) An action to obtain
a declaratory judgment that an act or practice violates this chapter. (2) An action to enjoin
any person who has violated or is violating this chapter. (3) An action on behalf of one or
more purchasers for the actual damages caused by an act or practice performed in violation
of this chapter. This action may include, but is not limited to, an action to recover against
a bond, letter of credit, or certificate of deposit as otherwise provided in this chapter.
Upon motion of the enforcing authority in any action brought under this section, the court
may make appropriate orders, including appointment of a master or receiver or sequestration
of assets, to reimburse consumers found to have been damaged, to carry out a consumer transaction
in accordance with the consumer's reasonable expectations, or to grant other appropriate relief.
The court may assess the expenses of a master or receiver...
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8-22-17
Section 8-22-17 Equity action by person injured from violation of chapter authorized; injunctive
relief; damages; attorneys fees; jurisdiction. (a) Any person injured by any violation, or
who would suffer injury from any threatened violation, of this chapter may maintain
an action in any court of equity jurisdiction to prevent, restrain, or enjoin such violation
or threatened violation. If in such action a violation or threatened violation of this chapter
shall be established, the court shall enjoin and restrain, or otherwise prohibit, such violation
or threatened violation and, in addition thereto, the court shall assess in favor of the plaintiff
and against the defendant the costs of suit, including reasonable attorney's fees. In such
action it shall not be necessary that actual damages to the plaintiff be alleged or proved,
but where alleged and proved, the plaintiff in said action, in addition to such injunctive
relief and cost of suit, including reasonable attorney's fees, shall...
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10A-2A-14.11
Section 10A-2A-14.11 Procedure for judicial dissolution. (a) Venue for a proceeding by the
attorney general to dissolve a corporation lies in circuit court for the county in which the
corporation's principal office is located in this state, and if none in this state, in the
circuit court for the county in which the corporation's most recent registered office is located.
Venue for a proceeding brought by any other party named in Section 10A-2A-14.10(a) lies in
circuit court for the county in which the corporation's principal office is located in this
state, and if none in this state, in the circuit court for the county in which the corporation's
most recent registered office is located. (b) It is not necessary to make stockholders parties
to a proceeding to dissolve a corporation unless relief is sought against them individually.
(c) A court in a proceeding brought to dissolve a corporation may issue injunctions, appoint
a receiver or custodian during the proceeding with all powers and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2A-14.11.htm - 1K - Match Info - Similar pages
11-51-151
Section 11-51-151 Notice and hearings; granting of injunctive relief. Upon the filing and presentation
of a petition as authorized in this division, it shall be the duty of the court to set a day
for the hearing of the action upon not less than 10 nor more than 15 days' notice thereof
to be given the respondents, the notice to be in such form as the court may direct, and at
such hearing, upon reasonable cause, to grant a temporary restraining order or preliminary
injunction restraining the respondents from further operation or conduct of the business,
occupation, trade, or profession, and no bond shall be required of the petitioner as a condition
thereto. The court shall not grant a temporary restraining order or preliminary injunction
unless it has reasonable cause to believe that the respondent owes a debt to the petitioner
for a privilege or business license or excise tax and that the petitioner has complied with
Section 11-51-150. The court shall, upon final hearing, if the proof...
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27-11-6
Section 27-11-6 Validity of acts or contracts of unauthorized insurer; actions against or by
same. The failure of an insurer to obtain a license or certificate of authority shall not
impair the validity of any act or contract of such insurer and shall not prevent such insurer,
its assigns or successors in interest, from defending any action in any court of this state;
but no insurer transacting insurance business in this state without a license or certificate
of authority shall be permitted to maintain an action in any court of this state to enforce
any right, claim, or demand arising out of the transaction of such business until such company,
its assigns or successors in interest shall have: (1) Obtained a license or certificate of
authority; or (2) Deposited with the clerk of the court in which such action or proceeding
is pending cash or securities or file with such clerk a bond with good and sufficient sureties,
to be approved by the court, in an amount to be fixed by the court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-11-6.htm - 2K - Match Info - Similar pages
27-32-19
Section 27-32-19 Claims in delinquency proceedings - Form; time; notice and hearing; order.
(a) All claims against an insurer against which delinquency proceedings have been begun shall
set forth in reasonable detail the amount of the claim, or the basis upon which such amount
can be ascertained, the facts upon which the claim is based and the priorities asserted, if
any. All such claims shall be verified by the affidavit of the claimant, or someone authorized
to act on his behalf and having knowledge of the facts, and shall be supported by such documents
as may be material thereto. (b) All claims filed in this state shall be filed with the receiver,
whether domiciliary or ancillary, in this state on or before the last date for filing as specified
in this chapter. (c) Within 10 days of the receipt of any claim or within such further period
as the court may, for good cause shown, fix, the receiver shall report the claim to the court,
specifying in such report his recommendation with...
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27-5B-12
Section 27-5B-12 Accredited or certified reinsurer ceasing to meet requirements. (a) If an
accredited or certified reinsurer ceases to meet the requirements for accreditation or certification,
the commissioner may suspend or revoke the reinsurer's accreditation or certification. (b)
The commissioner must give the reinsurer notice and opportunity for hearing. The suspension
or revocation may not take effect until after the commissioner's order on hearing, unless
any of the following occurs: (1) The reinsurer waives its right to hearing. (2) The commissioner's
order is based on regulatory action by the reinsurer's domiciliary jurisdiction or the voluntary
surrender or termination of the reinsurer's eligibility to transact insurance or reinsurance
business in its domiciliary jurisdiction or in the primary certifying state of the reinsurer
under subsection (f) of Section 27-5B-8. (3) The commissioner finds that an emergency requires
immediate action and a court of competent jurisdiction...
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