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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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