Code of Alabama

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27-31B-16
Section 27-31B-16 Tax on premiums collected. (a) Each captive insurance company shall pay to
the commissioner, by March 1 of each year, a tax at the rate of four-tenths of one percent
on the first 20 million dollars, three-tenths of one percent on the next 20 million dollars,
two-tenths of one percent on the next 20 million dollars, seventy-five thousandths of one
percent on each dollar thereafter on the direct premiums collected or contracted for on policies
or contracts of insurance written by the captive insurance company during the year ending
December 31 next preceding, after deducting from the direct premiums subject to the tax the
amounts paid to policyholders as return premiums which shall include dividends on unabsorbed
premiums or premium deposits returned or credited to policyholders. Notwithstanding the foregoing,
no tax shall be due or payable as to considerations received for annuity contracts. (b) Each
captive insurance company shall pay to the commissioner by March 1 of...
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27-3-27
Section 27-3-27 Insurers to do business through licensed agents, etc.; exceptions. (a) No insurer
shall, in this state, directly or indirectly, accept applications for insurance, negotiate
for or issue any policy or contract of insurance or assume direct liability as to a subject
of insurance resident, located, or to be performed in this state unless through insurance
producers duly licensed under the provisions of this title. (b) This section shall not apply
to title insurance or insurance of the rolling stock, vessels, or aircraft of any common carrier
in interstate or foreign commerce or covering any liability or other risks incident to the
ownership, maintenance, or operation thereof. This section shall not apply as to life or disability
insurance not delivered or issued for delivery in this state and lawfully solicited outside
this state. (Acts 1936-37, Ex. Sess., No. 224, p. 267; Code 1940, T. 28, § 66; Acts 1971,
No. 407, p. 707, § 72; Act 2001-702, p. 1509, § 15.)...
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40-18-39
Section 40-18-39 Corporate returns. (a) Except as provided in subsection (c), every corporation,
joint stock company, or association subject to income tax under this chapter shall file a
return with the Department of Revenue for each taxable year, stating specifically the items
of its gross income and the deductions and credits allowed by this chapter. In cases where
receivers, trustees in bankruptcy, or assignees are operating the property or business of
corporations, such receivers, trustees, or assignees shall file returns for such corporations
in the same manner and form as corporations are required to file returns. Any tax due on the
basis of such returns filed by receivers, trustees, or assignees shall be collected in the
same manner as if collected from the corporations of whose business or property they have
custody and control. Returns shall be filed by the same date as the corresponding federal
income tax returns are required to be filed as provided under federal law. The...
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5-19-31
Section 5-19-31 Nonapplicability of chapter to certain transactions; certain laws not repealed
or amended. (a) The provisions of this chapter, except the provisions of subdivision (1) of
Section 5-19-1 and Section 5-19-3, shall not apply (i) to any consumer credit transaction
or other transaction involving an interest in real property or the sale, lease, or mortgage
of an interest in real property where the creditor is exempt from licensing under this chapter,
(ii) where the credit transaction is not a consumer transaction, (iii) where the credit transaction
is by a trust institution as defined in Section 5-12A-1(1), in its capacity as a fiduciary
under any plan or agreement qualified under 26 U.S.C. 401(a) or defined by 5 U.S.C. 8437,
26 U.S.C. 403(b), or 26 U.S.C. 457, or a trust exempt under 26 U.S.C. 501, or (iv) to any
municipal pension system created under the laws of the State of Alabama. The provisions of
this chapter shall not apply where the credit transaction is a policy...
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12-19-271
Section 12-19-271 Definitions. The following words and phrases as used in this article, have
the meaning ascribed to them in this section, unless the context clearly requires otherwise:
(1) WITHOUT SUBSTANTIAL JUSTIFICATION. The phrase "without substantial justification",
when used with reference to any action, claim, defense or appeal, including without limitation
any motion, means that such action, claim, defense or appeal (including any motion) is frivolous,
groundless in fact or in law, or vexatious, or interposed for any improper purpose, including
without limitation, to cause unnecessary delay or needless increase in the cost of litigation,
as determined by the court. (2) PERSON. Any individual, corporation, company, association,
firm, partnership, society, joint stock company, or any other entity, including any governmental
entity or unincorporated association of persons. (3) ACTION. Any suit, counterclaim, crossclaim
or third party claim filed at law or in equity, including any...
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27-41-33
Section 27-41-33 Particular investments - Loans on personal property; chattel mortgages. In
connection with mortgage loans made under subdivisions (2) and (3) of Section 27-41-29, an
insurer may loan on the value of personal property items listed in the Department of Housing
and Urban Development Commitment for Insurance or the Veterans Administration Certificates
of Reasonable Value. Nothing in this section shall be deemed to prevent an insurer from taking
liens on personal property items as additional security for any investment eligible for investment
under this chapter. Domestic life insurance companies are authorized to invest, within the
limitations set forth in this section, in chattel mortgages resulting from the financing of
tangible personal property, which mortgages must constitute valid first liens on the chattels
mortgaged. The maximum amount of such mortgages to be admitted as assets shall not exceed
one half of the amount of surplus remaining after deducting from capital...
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27-27-32
Section 27-27-32 Contingent liability of members of domestic mutual insurers - Levy of assessments.
(a) If at any time the assets of a domestic mutual insurer are less than its liabilities and
the minimum amount of surplus required to be maintained by it under this title for authority
to transact the kinds of insurance being transacted and the deficiency is not cured from other
sources, its directors shall levy an assessment only upon its members who held policies providing
for contingent liability at any time within the 12 months preceding the date notice of such
assessment was mailed to them, and such members shall be liable to the insurer for the amount
so assessed. (b) The assessment shall be for such an amount as is required to cure such deficiency
and to provide a reasonable amount of working funds above such minimum amount of surplus,
but such working funds so provided shall not exceed five percent of the insurer's liabilities
as of the date as of which the amount of such...
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7-8-103
Section 7-8-103 Rules for determining whether certain obligations and interests are securities
or financial assets. (a) A share or similar equity interest issued by a corporation, business
trust, joint stock company, or similar entity is a security. (b) An "investment company
security" is a security. "Investment company security" means a share or similar
equity interest issued by an entity that is registered as an investment company under the
federal investment company laws, an interest in a unit investment trust that is so registered,
or a face-amount certificate issued by a face-amount certificate company that is so registered.
Investment company security does not include an insurance policy or endowment policy or annuity
contract issued by an insurance company. (c) An interest in a partnership or limited liability
company is not a security unless it is dealt in or traded on securities exchanges or in securities
markets, its terms expressly provide that it is a security governed by...
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27-13-28
Section 27-13-28 Annual statistical reports of insurers. Every insurer shall file annually,
on or before July 1, with the rating organization of which it is a member or subscriber, or
with such other common agency representing a group of insurers as the department may approve,
and with the department a statistical report showing a classification schedule of its premiums
and its losses on all kinds of insurance to which this article is applicable, together with
such other information as the department may deem necessary for the proper determination of
the reasonableness and adequacy of rates. Such statistical report filed with the rating organization
may be consolidated and filed by such common agency. Such data shall be kept and reports made
in such manner and on such forms as may be prescribed by the commissioner. All such annual
filings with the department shall be kept under lock and key, and any official or employee
of the department who shall divulge the contents or permit the...
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27-27-15
Section 27-27-15 Domestic mutual insurers - Authorization to transact insurance. (a) When newly
organized, a domestic mutual insurer may be authorized to transact any one of the kinds of
insurance listed in the schedule contained in subsection (b) of this section. (b) When applying
for an original certificate of authority, the insurer must be otherwise qualified therefor
under this title and must have received and accepted bona fide applications as to substantial
insurable subjects for insurance coverage of a substantial character of the kind of insurance
proposed to be transacted, must have collected in cash the full premium therefor at a rate
not less than that usually charged by other insurers for comparable coverages, must have surplus
funds on hand and deposited as of the date such insurance coverages are to become effective
or, in lieu of such applications, premiums and surplus and may deposit surplus, all in accordance
with that part of the following schedule which applies to...
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