Code of Alabama

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8-6-3
Section 8-6-3 Registration and bonds of dealers, agents, investment advisers, etc. (a) It is
unlawful for any person to transact business in this state as a dealer or agent for securities
unless he or she is registered under this article. It is unlawful for any dealer or issuer
to employ an agent unless the agent is registered. (b) It is unlawful for any person to transact
business in this state as an investment adviser or as an investment adviser representative
unless: (1) He or she is so registered under this article; (2) His or her only clients in
this state are investment companies as defined in the Investment Company Act of 1940, other
investment advisers, broker-dealers, banks, trust companies, savings and loan associations,
insurance companies, employee benefit plans with assets of not less than $1,000,000, and governmental
agencies or instrumentalities, whether acting for themselves or as trustees with investment
control, or other institutional investors as are designated by...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...

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40-14B-11
Section 40-14B-11 Annual review; decertification. (a) The Alabama Development Office shall
conduct an annual review of each certified capital company to: (1) Ensure that the company
continues to satisfy the requirements of this chapter and that the company has not made any
investment in violation of this chapter. (2) Determine the eligibility status of its qualified
investments. (b) The cost of the annual review shall be paid by each certified capital company
according to a reasonable fee schedule adopted by the Alabama Development Office. (c) A material
violation of Sections 40-14B-6, 40-14B-8, or 40-14B-9 is grounds for decertification of the
certified capital company. If the Alabama Development Office determines that a company is
not in compliance with Sections 40-14B-6, 40-14B-8, or 40-14B-9, the director shall notify
the officers of the company in writing that the company may be subject to decertification
after the 120th day after the date of mailing of the notice, unless the...
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41-10-46.01
Section 41-10-46.01 Investment by qualified funds. (a) Any qualified fund may invest at least
three percent of its corpus in one or more approved opportunity funds. (b) The following terms
shall have the following meanings: (1) "ADECA" shall mean the Department of Economic
and Community Affairs. (2) "Approved opportunity fund" shall mean any fund approved
by ADECA as meeting all of the following: a. ADECA determines that the fund has the capacity
to improve Alabama's low-income opportunity zone communities by approving an application showing
all of the following: 1. The amount of existing committed capital or potential to raise committed
capital. 2. The investment track record or strength of the applicant's management team. 3.
The existing project pipeline or strategy for developing new pipeline. 4. The fund structure
and anticipated returns within that fund structure. 5. The presence of sound legal, accounting,
and compliance policies and procedures. 6. A strategy for measuring,...
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40-14B-4
Section 40-14B-4 Prohibited activities. (a) An insurance company or other persons who may have
state premium tax liability or the affiliates of the insurance companies or other persons
may not, directly or indirectly, do any of the following: (1) Manage a certified capital company.
(2) Beneficially own, whether through rights, options, convertible interests, or otherwise,
more than 15 percent of the outstanding voting securities of a certified capital company.
(3) Control the direction of investments for a certified capital company. (b) Not more than
one certified investor in any certified capital company or affiliates thereof, may provide
a guaranty, indemnity, bond, insurance policy, or other payment undertaking in favor of all
of the certified investors of the certified capital company and its affiliates. (c) Subsection
(a) applies without regard to whether the insurance company or other person or the affiliate
of the insurance company or other person is licensed by or transacts...
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40-14B-12
Section 40-14B-12 Recapture of forfeiture of premium tax credits. (a) Decertification of a
certified capital company may cause the recapture of premium tax credits previously claimed
and the forfeiture of future premium tax credits to be claimed by certified investors with
respect to the company, as follows: (1) Except as set forth in subdivision (2), decertification
of a company on or before the third anniversary of its allocation date causes the recapture
of any premium tax credit previously claimed and the forfeiture of any future premium tax
credit to be claimed by a certified investor with respect to the company. (2) For a company
that meets the requirements for continued certification under subdivision (1) of subsection
(a) of Section 40-14B-6 and subsequently fails to meet the requirements for continued certification
under subdivision (2) of subsection (a) of Section 40-14B-6, any premium tax credit that has
been or will be taken by a certified investor on or before the third...
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40-14B-14
Section 40-14B-14 Vested premium tax credit - Generally. (a) A certified investor who makes
an investment of certified capital shall in the year of investment earn a vested credit against
state premium tax liability equal to 100 percent of the certified investor's investment of
certified capital, subject to the limits imposed by this chapter. A certified investor may
take up to 12.5 percent of the vested premium tax credit in any taxable year of the certified
investor, beginning in the second calendar year after the investment. (b) The credit to be
applied against state premium tax liability in any one year may not exceed the state premium
tax liability of the certified investor for the taxable year. Any unused credit against state
premium tax liability may be carried forward indefinitely until the premium tax credits are
used. (c) A certified investor claiming a credit against state premium tax liability earned
through an investment in a company is not required to pay any additional...
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40-18-376
Section 40-18-376 Investment credit; realization methods; regulations. (a) If provided for
in the project agreement, the incentivized company is allowed an investment credit in an annual
amount equal to 1.5 percent of the capital investment incurred as of the beginning of the
incentive period, to be used as follows: (1) To offset the income taxes found in this chapter,
or as an estimated tax payment of income taxes; (2) To offset the financial institution excise
tax found in Chapter 16; (3) To offset the insurance premium tax levied by Section 27-4A-3(a),
or as an estimated payment of insurance premium tax; (4) To offset utility taxes; or (5) To
offset some combination of the foregoing, so long as the same credit is used only once. The
incentive period shall begin no earlier than the placed-in-service date. The incentive period
shall be 10 years. Should only some portion of a tax year be included in the incentive period,
the amount of the investment credit shall be prorated on a daily...
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27-5B-8
Section 27-5B-8 Certified reinsurer. (a) Credit shall be allowed when the reinsurance is ceded
to an assuming insurer that is certified by the commissioner as a reinsurer in this state
and secures its obligations in accordance with the requirements of this section. In order
to be eligible for certification, the assuming insurer shall meet all of the following requirements:
(1) The assuming insurer must be domiciled and licensed to transact insurance or reinsurance
in a qualified jurisdiction, as determined by the commissioner pursuant to subsection (c).
(2) The assuming insurer must maintain minimum capital and surplus, or its equivalent, in
an amount to be determined by the commissioner pursuant to regulation. (3) The assuming insurer
must maintain financial strength ratings from two or more rating agencies deemed acceptable
by the commissioner pursuant to regulation. (4) The assuming insurer must agree to submit
to the jurisdiction of this state, appoint the commissioner as its agent...
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