40-14B-8
Section 40-14B-8 Report upon receipt of certified capital; annual report; financial statement.
(a) Each certified capital company shall report to the Alabama Development Office as soon
as practicable after the receipt of certified capital the following: (1) The name of each
certified investor from whom the certified capital was received, including the certified investor's
insurance premium tax identification number. (2) The amount of each certified investor's investment
of certified capital and premium tax credits. (3) The date on which the certified capital
was received. (b) Not later than January 31 of each year, each certified capital company shall
report to the Alabama Development Office all of the following: (1) The amount of the company's
certified capital at the end of the preceding year. (2) Whether or not the company has invested
more than 15 percent of its total certified capital in any one business. (3) Each qualified
investment that the company made during the preceding...
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40-14B-21
Section 40-14B-21 Biennial report. (a) The Alabama Development Office shall prepare a biennial
report with respect to results of the implementation of this chapter. The report must include
all of the following: (1) The number of certified capital companies holding certified capital.
(2) The amount of certified capital invested in each certified capital company. (3) The amount
of certified capital the certified capital company has invested in qualified technology businesses
as of January 1, 2004, and the cumulative total for each subsequent year. (4) The total amount
of tax credits granted under this chapter for each year that credits have been granted. (5)
The performance of each certified capital company with respect to renewal and reporting requirements
imposed under this chapter. (6) With respect to the qualified technology businesses in which
capital companies have invested all of the following: a. The classification of the qualified
businesses according to the industrial sector...
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40-14B-1
Section 40-14B-1 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) AFFILIATE. An affiliate of another person shall include any of the following:
a. A person who directly or indirectly either: 1. Beneficially owns 15 percent or more of
the outstanding voting securities or other voting ownership interests of the other person,
whether through rights, options, convertible interests, or otherwise; or 2. Controls or holds
power to vote 15 percent or more of the outstanding voting securities or other voting ownership
interests of the other person. b. A person owning 15 percent or more of the outstanding voting
securities or other voting ownership interests of which are directly or indirectly either:
1. Beneficially owned by the other person, whether through rights, options, convertible interests,
or otherwise; or 2. Controlled or held with power to vote by the other person. c. A partnership
or limited liability company in which the other person...
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40-14B-3
Section 40-14B-3 Application for certification. (a) The Director of the Alabama Development
Office by rule shall establish the application procedures for certified capital companies.
(b) An applicant must file an application in the form prescribed by the Alabama Development
Office accompanied by a nonrefundable application fee of seven thousand five hundred dollars
($7,500). The application must include an audited balance sheet of the applicant, with an
unqualified opinion from an independent certified public accountant, as of a date not more
than 35 days before the date of the application. (c) To qualify as a certified capital company
all of the following must apply: (1) The applicant must have, at the time of application for
certification, an equity capitalization of at least five hundred thousand dollars ($500,000)
in the form of cash or cash equivalents. The applicant must maintain this equity capitalization
until it receives an allocation of certified capital pursuant to Section...
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40-14B-17
Section 40-14B-17 Vested premium tax credit - Pro rata allocation. (a) If the total premium
tax credits claimed by all certified investors exceeds the total limits on premium tax credits
established by subsection (a) of Section 40-14B-16, the Alabama Development Office shall allocate
the total amount of premium tax credits allowed under this chapter to certified investors
in certified capital companies on a pro rata basis in accordance with this chapter. (b) The
pro rata allocation for each certified investor shall be the product of: (1) A fraction, the
numerator of which is the amount of the premium tax credit allocation claim filed on behalf
of the investor and the denominator of which is the total amount of all premium tax credit
allocation claims filed on behalf of all certified investors. (2) The total amount of certified
capital for which premium tax credits may be allowed under this chapter. (c) On October 15,
2002, the Alabama Development Office shall notify each certified...
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34-27-31
appeals in connection with the judgment, file a verified claim in the court in which the judgment
was entered and, on 10 days' written notice to the commission, may apply to the court for
an order directing payment out of the Recovery Fund of the amount unpaid on the judgment.
(4) The court shall proceed on the application immediately and, on hearing, the aggrieved
person shall be required to show each of the following: a. He or she is not the spouse, child,
or parent of the debtor, or the personal representative of the spouse, child, or parent.
b. He or she has obtained a judgment, as described in subdivision (e)(3), stating the amount
of the judgment and the amount owing on the judgment at the date of the application, and,
that in the action, he or she had joined any and all bonding companies which issued corporate
surety bonds to the judgment debtor as principal and all other necessary parties. c. The following
items, if recovered by him or her, have been applied to the actual...
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40-27-1
a tax measured in any way by the capital of a corporation considered in its entirety. 6. "Gross
receipts tax" means a tax, other than a sales tax, which is imposed on or measured by
the gross volume of business, in terms of gross receipts or in other terms, and in the determination
of which no deduction is allowed which would constitute the tax an income tax. 7. "Sales
tax" means a tax imposed with respect to the transfer for a consideration of ownership,
possession or custody of tangible personal property or the rendering of services measured
by the price of the tangible personal property transferred or services rendered and
which is required by state or local law to be separately stated from the sales price by the
seller, or which is customarily separately stated from the sales price, but does not include
a tax imposed exclusively on the sale of a specifically identified commodity or article or
class of commodities or articles. 8. "Use tax" means a nonrecurring tax, other than
a...
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40-14B-7
Section 40-14B-7 Development Office opinion as to proposed investments. (a) A certified capital
company may, before making an investment in a business, request from the Alabama Development
Office a written opinion as to whether the business in which it proposes to invest is a qualified
technology business. (b) The Alabama Development Office shall, not later than the 15th business
day after the date of the receipt of a request under subsection (a), determine whether the
business meets the definition of a qualified technology business, and notify the certified
capital company of the determination and an explanation of its determination or notify the
certified capital company that an additional 15 days will be needed to review and make the
determination. (c) If the Alabama Development Office fails to notify the certified capital
company with respect to the proposed investment within the period specified by subsection
(b), the business in which the company proposes to invest is considered...
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40-14B-15
Section 40-14B-15 Vested premium tax credit - Claim. (a) A premium tax credit allocation claim
must be prepared and executed by a certified investor on a form provided by the Alabama Development
Office. The certified capital company must file the claim with the Alabama Development Office
not later than October 1, 2002. The premium tax credit allocation claim form must include
an affidavit of the certified investor under which the certified investor becomes legally
bound and irrevocably committed to make an investment of certified capital in a certified
capital company in the amount allocated even if the amount allocated is less than the amount
of the claim, subject only to the receipt of an allocation under Section 40-14B-19. (b) A
certified investor may not claim a premium tax credit under Section 40-14B-16 for an investment
that has not been funded, even if the certified investor has committed to fund the investment.
(Act 2002-429, p. 1108, §15.)...
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40-14B-9
Section 40-14B-9 Renewal fee. (a) Not later than January 31 of each year, each certified capital
company shall pay a nonrefundable renewal fee of five thousand dollars ($5,000) to the Alabama
Development Office. If a certified capital company fails to pay its renewal fee on or before
that date, the company must pay, in addition to the renewal fee, a late fee of five thousand
dollars ($5,000) to continue its certification. (b) Notwithstanding subsection (a), a renewal
fee is not required within six months of the date on which the company's certification is
issued pursuant to Section 40-14B-3. (Act 2002-429, p. 1108, §9.)...
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