Code of Alabama

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27-2B-9
Section 27-2B-9 Confidentiality of reports and plans; information sharing agreements; publication
of RBC levels prohibited; use of reports and plans by commissioner. (a) All RBC reports, to
the extent the information therein is not required to be set forth in a publicly available
annual statement schedule, and RBC plans, including the results or report of any examination
or analysis of an insurer performed pursuant hereto and any corrective order issued by the
commissioner pursuant to examination or analysis, with respect to any domestic insurer or
foreign insurer which are filed with the commissioner constitute information that may be damaging
to the insurer if made available to its competitors and therefore shall be kept confidential
by the commissioner. This information shall not be made public or be subject to subpoena,
other than by the commissioner, and then only for the purpose of enforcement actions taken
by the commissioner pursuant to this chapter or any other provision of...
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5-3A-4
Section 5-3A-4 Expenses of special examinations. The expenses incidental to any special examination
of banks, bank holding companies, or their affiliates shall be borne by the bank or bank holding
company so examined, and such bank or bank holding company shall, on the call of the superintendent,
pay into the Treasury of Alabama, earmarked for the use of the Banking Department, within
10 days after said examination, an amount not exceeding the actual expenses of such examination,
including per diem, travel expenses and the pro rata portion of the salaries of the state
employees engaged in making such examination. (Acts 1980, No. 80-658, §5-3-4; Act 2011-589,
p. 1306, §1.)...
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5-13B-92
Section 5-13B-92 Representative office - Permissible activities. (a) A foreign bank which is
licensed to establish and maintain an Alabama representative office may, subject to such regulations
as the superintendent may prescribe, engage in the following activities: (1) Solicitation
for loans and in connection therewith the assembly of credit information, making of property
inspections and appraisals, securing of title information, preparation of applications for
loans including making recommendations with respect to action thereon, solicitation of investors
to purchase loans from the foreign bank, and the search for such investors to contract with
the foreign bank for servicing of such loans; (2) The solicitation of new business; (3) The
conduct of research; and (4) Back office administrative functions as may be more specifically
defined in regulations issued by the superintendent. Any other activity which the foreign
bank seeks to conduct at such office shall be subject to the prior...
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27-42-13
Section 27-42-13 Prevention of insolvencies; examinations of insurers; reports. (a) To aid
in the detection and prevention of insurer insolvencies, it shall be the duty of the board
of directors, upon majority vote, to notify the commissioner of any information indicating
any member insurer may be insolvent or in a financial condition hazardous to the policyholders
or the public. (b) The board of directors may, upon majority vote, request that the commissioner
order an examination of any member insurer which the board in good faith believes may be in
a financial condition hazardous to the policyholders or the public. Within 30 days of the
receipt of such request, the commissioner shall begin such examination. The examination may
be conducted as a National Association of Insurance Commissioners' examination or may be conducted
by such persons as the commissioner designates. The cost of such examination shall be paid
by the association and the examination report shall be treated as are...
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5-2A-41
Section 5-2A-41 Meetings of board - Notice; executive session; confidentiality. (a) A meeting
of the Banking Board may be held on call of the superintendent or any three members of the
Banking Board. The superintendent shall give to each member of the Banking Board at least
three days' notice of the time and place of any meeting of the Banking Board unless such notice
is waived by all the members of the Banking Board. (b) At any meeting, the Banking Board may
go into executive session in order to do any of the following: (1) Protect the confidentiality
of reports or information under Sections 5-3A-3, 5-3A-11, and 5-13B-105 and other provisions
of this title. (2) Review information concerning the condition and affairs of any proposed
bank or trust company, any bank or trust company, any subsidiary or affiliate of a bank or
trust company, or several banks or trust companies or their subsidiaries, or to review personal
or financial information of individuals. (3) Accomplish any other...
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7-4A-204
Section 7-4A-204 Refund of payment and duty of customer to report with respect to unauthorized
payment order. (a) If a receiving bank accepts a payment order issued in the name of its customer
as sender which is (i) not authorized and not effective as the order of the customer under
Section 7-4A-202, or (ii) not enforceable, in whole or in part, against the customer under
Section 7-4A-203, the bank shall refund any payment of the payment order received from the
customer to the extent the bank is not entitled to enforce payment and shall pay interest
on the refundable amount calculated from the date the bank received payment to the date of
the refund. However, the customer is not entitled to interest from the bank on the amount
to be refunded if the customer fails to exercise ordinary care to determine that the order
was not authorized by the customer and to notify the bank of the relevant facts within a reasonable
time not exceeding 90 days after the date the customer received...
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8-19-7
Section 8-19-7 Exemptions. Nothing in this chapter shall apply to: (1) Acts done by the publisher,
owner, agent or employee of a newspaper, periodical, radio, or television station or telephone
company in the publication or dissemination of an advertisement, which the owner, agent, or
employee did not have knowledge of the false, misleading or deceptive character of the advertisement;
(2) Any seller of goods or services who meets all the following requirements: a. Has disseminated
advertisement or promotional material from a manufacturer, packer, distributor, or other seller,
from whom he has purchased the goods or services, unless the seller knew the advertisement
or promotional material to be false or misleading; and b. On the request of the Attorney General
or district attorney, provides the name and address of the manufacturer, packer, distributor
or other seller from whom he has purchased the goods or services; and c. On the request of
the Attorney General or district attorney,...
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27-44-12
Section 27-44-12 Duties of commissioner and board with regard to detection and prevention of
insolvencies or impairment. To aid in the detection and prevention of insurer insolvencies
or impairment: (1) It shall be the duty of the commissioner: a. To notify the commissioners
of those states, territories of the United States and the District of Columbia where such
member company is licensed when he takes any of the following actions against a member insurer:
1. Revocation of license; 2. Suspension of license; 3. Makes any formal order that such company
restrict its premium writing or obtain additional contributions to capital or surplus. Such
notice shall be mailed to all commissioners within 30 days following the action taken or the
date on which such action occurs. b. To report to the board of directors when he has taken
any of the actions set forth in paragraph a. of this subdivision or has received a report
from any other commissioner indicating that any such action has been taken...
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34-27-66
Section 34-27-66 Examination and license requirements; issuance and renewal of license; inactive
status; change of address. (a) Any person desiring to act as a seller of vacation time-sharing
plans shall file with the commission a written application upon such form as the commission
shall designate and shall pass to the satisfaction of the commission the examination hereinafter
prescribed. (b) Prerequisites for taking the vacation time-sharing sales examination are as
follows: (1) Evidence satisfactory to the commission that the applicant bears a good reputation
for honesty and truthfulness. (2) The applicant should not have been convicted of any criminal
offense involving moral turpitude or of any felony in this or any other state. (3) The applicant
shall be at least 19 years of age. (4) The applicant shall be a citizen of the United States
or, if not a citizen of the United States, a person who is legally present in the United States
with appropriate documentation from the federal...
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27-2B-5
Section 27-2B-5 Regulatory action level event; commissioner's duties; determination of corrective
actions; retention of consultants. (a) "Regulatory action level event" means, with
respect to any insurer, any of the following events: (1) The filing of an RBC report by the
insurer which indicates that the insurer's total adjusted capital is greater than or equal
to its authorized control level RBC but less than its regulatory action level RBC. (2) The
notification by the commissioner to an insurer of an adjusted RBC report that indicates the
event in subdivision (1), provided the insurer does not challenge the adjusted RBC report
under Section 27-2B-8. (3) If, pursuant to Section 27-2B-8, the insurer challenges an adjusted
RBC report that indicates the event in subdivision (1), the notification by the commissioner
to the insurer that the commissioner has, after a hearing, rejected the insurer's challenge.
(4) The failure of the insurer to file an RBC report by the filing date, unless...
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