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41-14A-11
Section 41-14A-11 Liability of public depositors and the state. (a) When public deposits are
made in accordance with this chapter, no public depositor shall be liable for any loss thereof
resulting from the default or insolvency of any qualified public depository in the absence
of negligence, malfeasance, misfeasance, or nonfeasance on the part of the public depositor,
or its agents or employees. (b) Under no circumstance shall this state, or any state agency
or any covered public entity, be liable for all or any portion of any loss resulting from
the default or insolvency of a qualified public depository. (Act 2000-748, p. 1669, §1.)...
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41-14A-9
Section 41-14A-9 Procedures for payment of losses. (a) When the State Treasurer becomes aware
that a default or insolvency has occurred, the State Treasurer shall provide notice as required
in subsection (b) and implement the following procedures: (1) The State Treasurer shall obtain
information from the Superintendent of Banks of the State Banking Department or the receiver
of the qualified public depository in default in order to ascertain the amount of funds of
each public depositor on deposit at such depository and the amount of deposit insurance applicable
to such deposits. (2) The potential loss to public depositors shall be calculated by compiling
claims received from public depositors. The State Treasurer shall validate claims of public
depositors who filed claims under subsection (b) and which have been confirmed under subdivision
(1). (3) The loss to public depositors shall be satisfied, insofar as possible, first through
any applicable deposit insurance and then through the...
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41-14A-6
Section 41-14A-6 Establishment of SAFE board of directors; powers and duties of the board of
directors. (a) There is hereby established a Board of Directors of the SAFE Program charged
with responsibility and authority to assess and manage the sufficiency of the collateral pool
and the SAFE Program to provide adequate protection from losses to public depositors. In exercising
its powers and performing its responsibilities, the board of directors shall constitute a
body politic under the laws of the state performing the public function of assuring the safety
of public deposits. (b) The State Treasurer shall be a permanent, standing, voting member
of the board of directors and shall serve as its chair. The Superintendent of Banks shall
be a permanent, standing, non-voting member of the board of directors. The remaining six members
shall each possess knowledge, skill, and experience in one or more of the following areas:
(1) Financial analysis. (2) Trend analysis. (3) Accounting. (4)...
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41-14A-2
Section 41-14A-2 Definitions. As used in this chapter, the following words and terms shall
have the following meanings: (1) AVERAGE MONTHLY BALANCE OF PUBLIC DEPOSITS. The sum of the
average daily balances of public deposits, meaning the net average daily balances of public
deposits determined without any deduction for deposit insurance, for the reported month and
the 11 months preceding that month, divided by 12. (2) BOARD OF DIRECTORS or BOARD. The Board
of Directors of the SAFE Program established under Section 41-14A-6. The board of directors
shall consist of eight members. (3) COLLATERAL-PLEDGING LEVEL or COLLATERAL-PLEDGING REQUIREMENT.
The percentage or percentages of collateral, in relation to one or more levels of public deposits
held, required to be pledged by a qualified public depository as determined in accordance
with the provisions of this chapter or rules or orders of the board adopted pursuant to this
chapter. (4) COVERED PUBLIC ENTITY. The state and its political...
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27-44-8
Section 27-44-8 Powers and duties of association. (a) If a member insurer is an impaired insurer,
the association may, in its discretion and subject to any conditions imposed by the association
that do not impair the contractual obligations of the impaired insurer, and that are approved
by the commissioner: (1) Guarantee or reinsure, or cause to be guaranteed, assumed, or reinsured,
any or all of the covered policies of the impaired insurers. (2) Provide such moneys, pledges,
notes, guarantees, or other means as are proper to effectuate subdivision (1), and assure
payment of the contractual obligations of the impaired insurer pending action under subdivision
(1). (b) If a member insurer is an insolvent insurer, the association shall, in its discretion
and subject to the approval of the commissioner, do either of the following: (1)a. Guarantee,
assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, the covered policies
of the insolvent insurer. b. Assure payment of the...
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41-14A-8
Section 41-14A-8 Contingent liability. Every qualified public depository that is solvent shall
guarantee public depositors against loss caused by the default or insolvency of other qualified
public depositories according to the terms of this chapter and shall enter into an agreement
of contingent liability with the State Treasurer on behalf of the Loss Payment Fund, which
agreement shall be in a form which is prescribed or approved by the board of directors, and
which, when executed, shall become a part of the official records of the SAFE Program. The
qualified public depository shall submit to the State Treasurer evidence that the depository's
contingent liability agreement has been approved by the board of directors or other governing
body of the qualified public depository and shall become a part of the official records of
the qualified public depository. (Act 2000-748, p. 1669, §1.)...
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41-14-2
Section 41-14-2 Application for designation action upon default or insolvency. Before any bank
or savings association shall be designated as a state depositary, it shall be designated as
a qualified public depository under Chapter 14A of this title, and it shall file with the
State Treasurer an application in writing to be designated as a state depositary under the
terms of this article. Such qualified public depository shall accompany such application with
a statement, verified by the affidavit of its president or other executive head, setting forth
the amount of its paid-in capital stock, the amount of its surplus and undivided profits,
its principal place of business, the length of time it has been engaged in business and its
assets and liabilities at the time of making application. In the event of the default or insolvency,
as defined in Section 41-14A-2, of any state depository, the State Treasurer shall take prompt
action to enforce the rights of the state and the State Treasurer...
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41-14A-5
Section 41-14A-5 Collateral for public deposits; general provisions. (a) Every qualified public
depository shall maintain on deposit with a custodian, to be held subject to the order of
the State Treasurer or the State Treasurer's designee (which may be a financial institution
designated by the State Treasurer), eligible collateral having a market value equal to or
in excess of the amount of collateral required under this section. (b) Each qualified public
depository shall be required to pledge collateral, in accordance with procedures established
by the board of directors, equal to or exceeding the greater of the following: (1) The generally
applicable pledging requirement; and (2) the applicable percentage of the qualified public
depository's net average daily balance of public deposits established under rules or orders
adopted pursuant to subsection (c) or subsection (d) below. (c) The State Treasurer may, from
time to time, in his or her discretion require that certain qualified...
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27-31A-4
Section 27-31A-4 Risk retention groups not chartered in this state. Risk retention groups chartered
and licensed in states other than this state and seeking to do business as a risk retention
group in this state shall comply with the laws of this state as follows: (1) NOTICE OF OPERATIONS
AND DESIGNATION OF COMMISSIONER AS AGENT. a. Before offering insurance in this state, a risk
retention group shall submit to the commissioner both of the following: 1. A statement identifying
the state or states in which the risk retention group is chartered and licensed as a liability
insurance company, charter date, its principal place of business, and other information, including
information on its membership, as the commissioner of this state may require to verify that
the risk retention group is qualified pursuant to subdivision (11) of Section 27-31A-2. 2.
A copy of its plan of operations or feasibility study and revisions of the plan or study submitted
to the state in which the risk retention...
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16-33B-4
Section 16-33B-4 Basic powers and duties of the Alabama Commission on Higher Education for
the Alabama Guaranteed Student Loan Program. (a) Basic powers. The Alabama Commission on Higher
Education (ACHE) is authorized to administer the Alabama Guaranteed Student Loan Program in
accordance with the Federal Student Loan Law, and empowered to promulgate such rules, regulations,
policies, and procedures as may be reasonable and proper in order to carry out the provisions
and purposes of this chapter. Without limiting the generality of the foregoing, the ACHE is
authorized and empowered: (1) To establish regulations deemed necessary to comply with federal
regulations and legislation relative to guaranteed student loans and the Federal Student Loan
Law. (2) To establish eligibility criteria for participating postsecondary educational institutions.
(3) To establish reasonable eligibility criteria for the initial and continuing participation
of approved lenders in the student loan program. (4)...
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