27-27-60
Section 27-27-60 Insider trading of domestic stock insurer equity securities - Rules and regulations.
The commissioner shall have the power to make such rules and regulations as may be necessary
for the execution of the functions vested in him by Sections 27-27-53 through 27-27-59 and
may for such purpose classify domestic stock insurance companies, securities, and other persons
or matters within his jurisdiction. No provision of Sections 27-27-53 through 27-27-55 imposing
any liability shall apply to any act done or omitted in good faith in conformity with any
rule or regulation of the commissioner, notwithstanding that such rule or regulation may,
after such act or omission, be amended or rescinded or determined by judicial or other authority
to be invalid for any reason. (Acts 1971, No. 407, p. 707, §556.)...
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27-6-12
Section 27-6-12 Rights of solvent insurers. So long as the insurer remains solvent and is in
compliance with this title, it may: (1) Demand, receive, maintain actions for, and recover
the income from the securities or assets deposited; (2) Exchange and substitute for the deposited
securities or assets, or any part thereof, other eligible securities and assets of equivalent
or greater value; and (3) At any reasonable time, inspect any such deposit. (Code 1940, T.
28, §73; Acts 1971, No. 407, p. 707, §108.)...
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35-4A-5
Section 35-4A-5 Exclusions from statutory rule against perpetuities. Section 35-4A-2, the statutory
rule against perpetuities, does not apply to: (1) a nonvested property interest or a power
of appointment arising out of a nondonative transfer, except a nonvested property interest
or a power of appointment arising out of (i) a premarital or postmarital agreement, (ii) a
separation or divorce settlement, (iii) a spouse's election, (iv) a similar arrangement arising
out of a prospective, existing, or previous marital relationship between the parties, (v)
a contract to make or not to revoke a will or trust, (vi) a contract to exercise or not to
exercise a power of appointment, (vii) a transfer in satisfaction of a duty of support, or
(viii) a reciprocal transfer; (2) a fiduciary's power relating to the administration or management
of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the
power of a fiduciary to determine principal and income; (3) a power...
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8-6-17
Section 8-6-17 Prohibited acts regarding offer, sale, or purchase of securities. (a) It is
unlawful for any person, in connection with the offer, sale, or purchase of any security,
directly or indirectly, to: (1) Employ any device, scheme, or artifice to defraud; (2) Make
any untrue statement of a material fact or to omit to state a material fact necessary in order
to make the statements made, in the light of the circumstances under which they are made,
not misleading; or (3) Engage in any act, practice or course of business which operates or
would operate as a fraud or deceit upon any person. (b) It is unlawful for any person who
receives, directly or indirectly, any consideration from another person for advising the other
person as to the value of securities or their purchase or sale, whether through the issuance
of analyses or reports or otherwise, (1) to employ any device, scheme, or artifice to defraud
the other person, (2) to engage in any act, practice, or course of business...
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26-1A-114
Section 26-1A-114 Agent's duties. (a) Notwithstanding provisions in the power of attorney,
an agent that has accepted appointment shall: (1) act in accordance with the principal's reasonable
expectations to the extent actually known by the agent and, otherwise, in the principal's
best interest; (2) act in good faith; and (3) act only within the scope of authority granted
in the power of attorney. (b) Except as otherwise provided in the power of attorney, an agent
that has accepted appointment shall: (1) act loyally for the principal's benefit; (2) act
so as not to create a conflict of interest that impairs the agent's ability to act impartially
in the principal's best interest; (3) act with the care, competence, and diligence ordinarily
exercised by agents in similar circumstances; (4) keep a record of all receipts, disbursements,
and transactions made on behalf of the principal; (5) cooperate with a person that has authority
to make health care decisions for the principal to carry out...
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8-6-171
Section 8-6-171 Definitions. In this article, unless the context otherwise requires, the following
words and terms shall have the following meanings: (1) AGENT. The same meaning as in subdivision
(2) of Section 8-6-2. (2) BROKER-DEALER. The same meaning as in subdivision (3) of Section
8-6-2. (3) COMMISSION. The Alabama Securities Commission. (4) DEPARTMENT. The Department of
Human Resources. (5) FINANCIAL EXPLOITATION. Any of the following: a. The wrongful or unauthorized
taking, withholding, appropriation, or use of money, assets, or property of a vulnerable adult.
b. Any act or omission taken by a person, including through the use of a power of attorney,
guardianship, or conservatorship of a vulnerable adult, to either of the following: 1. Obtain
control through deception, intimidation, or undue influence over the vulnerable adult's money,
assets, or property to deprive the vulnerable adult of the ownership, use, benefit, or possession
of his or her money, assets, or property. 2....
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8-9B-2
Section 8-9B-2 Definitions. As used in this chapter: (1) "Affiliate" means: (i) a
person that directly or indirectly owns, controls, or holds with power to vote, 20 percent
or more of the outstanding voting securities of the debtor, other than a person that holds
the securities: (A) as a fiduciary or agent without sole discretionary power to vote the securities;
or (B) solely to secure a debt, if the person has not in fact exercised the power to vote;
(ii) a corporation 20 percent or more of whose outstanding voting securities are directly
or indirectly owned, controlled, or held, with power to vote, by the debtor or a person that
directly or indirectly owns, controls, or holds, with power to vote, 20 percent or more of
the outstanding voting securities of the debtor, other than a person that holds the securities:
(A) as a fiduciary or agent without sole discretionary power to vote the securities; or (B)
solely to secure a debt, if the person has not in fact exercised the power to...
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27-17A-11
Section 27-17A-11 Application for certificate; statements; issuance; expiration; transfer.
(a) An application to the commissioner for a certificate of authority shall be accompanied
by the statement and other matters described in this section in the form prescribed by the
commissioner. Annually thereafter, within six months after the end of its fiscal period, or
within an extension of time therefor, as the commissioner for good cause may grant, the person
authorized to engage in the sale of preneed contracts shall file with the commissioner a full
and true statement of his or her financial condition, transactions, and affairs, prepared
on a basis as adopted by a rule of the commissioner, as of the preceding fiscal period or
at such other time or times as the commissioner may provide by rule, together with information
and data which may be required by the commissioner. (b) The statement shall include all of
the following: (1) The types of preneed contracts proposed to be written and the...
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27-37-4
Section 27-37-4 Disallowance of assets or credits for deception. (a) The commissioner shall
disallow as an asset or as a credit against liabilities any reinsurance found by him after
a hearing thereon to have been arranged for on a temporary basis for the purpose principally
of deception as to the ceding insurer's financial condition as at the date of any financial
statement of the insurer. Reinsurance of any substantial part of the insurer's outstanding
risks contracted for in fact within 90 days prior to the date of any such financial statement
and cancelled in fact within 90 days after the date of such statement shall prima facie be
deemed to have been arranged for the purpose of deception within the intent of this section.
(b) The commissioner shall disallow as an asset any deposit, funds, or other assets of the
insurer found by him after a hearing thereon: (1) Not to be in good faith the property of
the insurer; (2) Not freely subject to withdrawal or liquidation by the insurer at...
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27-27-13
Section 27-27-13 Deposit of solicitation permit funds in escrow - Withdrawal and refund. The
commissioner shall withdraw all funds held in escrow under Section 27-27-12, and refund to
securities subscribers or purchasers all sums paid in on securities subscriptions, less that
part of such sums paid in as has been allowed and used for promotion, sales, and organization
expenses, and shall dissolve the proposed domestic insurer, corporation, syndicate, or organization
if: (1) It fails to complete its organization or financing and obtain full payment for subscriptions
and, if to be an insurer, it fails to secure its certificate of authority, all before expiration
of the solicitation permit; or (2) The commissioner revokes the solicitation permit. (Acts
1971, No. 407, p. 707, §509.)...
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