Code of Alabama

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8-6-23
Section 8-6-23 Making, amending, and rescinding rules and prescribing forms by commission.
The Securities Commission may from time to time make, amend, and rescind such rules and prescribe
such forms as are necessary and desirable to carry out the provisions of this article. No
rules or forms may be made or prescribed unless the commission finds that the action is necessary
or appropriate in the public interest or for the protection of investors and consistent with
the purposes fairly intended by the policy and provisions of this article. In prescribing
rules and forms the commission may cooperate with the securities administrators of the other
states and the securities and exchange commission with a view to effectuating the policy of
this article to achieve maximum uniformity in the form and content of registration statements,
applications, and reports wherever practicable. All rules and forms of the commission shall
be published. (Acts 1959, No. 542, p. 1318, §20; Acts 1990, No....
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8-6-179
Section 8-6-179 Rulemaking authority. The commission, from time to time, may make, amend, and
rescind such rules pursuant to the Alabama Administrative Procedure Act and prescribe such
forms as are necessary and desirable to carry out the provisions of this article. No rules
or forms may be made or prescribed unless the commission finds that the action is necessary
or appropriate in the public interest or for the protection of vulnerable adults and those
protected under the article and consistent with the purposes fairly intended by the policy
and provisions of this article. In prescribing rules and forms, the commission may cooperate
with the securities administrators and adult protective services agencies of the other states
and the United States Securities and Exchange Commission and the Financial Industry Regulatory
Authority with a view to effectuating the policy of this article to achieve general uniformity
in the application of the article wherever practicable. (Act 2016-141,...
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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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45-29-140.05
Section 45-29-140.05 Powers of authority; rates and charges. (a) The authority shall have the
following powers, together with all powers incidental thereto or necessary to the discharge
thereof in corporate form: (1) To have succession by its corporate name for the duration of
time specified in its certificate of incorporation. (2) To sue and be sued in its own name
in civil actions, except as otherwise provided in this article, and to defend civil actions
against it. (3) To adopt and make use of a corporate seal and to alter the same at pleasure.
(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business.
(5) To acquire, receive, and take, by purchase, gift, lease, devise, or otherwise, and to
hold property of every description, real, personal, or mixed, whether located in one or more
counties and whether located within or outside the service area. (6) To make, enter into,
and execute such contracts, agreements, leases, and other instruments and to take...
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39-2-12
Section 39-2-12 Partial and final payments of contractors by awarding authorities. (a) As used
in this section the following words shall have the meanings ascribed to them as follows: (1)
CONTRACTOR. Any natural person, partnership, company, firm, corporation, association, limited
liability company, cooperative, or other legal entity licensed by the Alabama State Licensing
Board for General Contractors. (2) NONRESIDENT CONTRACTOR. A contractor which is neither a.
organized and existing under the laws of the State of Alabama, nor b. maintains its principal
place of business in the State of Alabama. A nonresident contractor which has maintained a
permanent branch office within the State of Alabama for at least five continuous years shall
not thereafter be deemed to be a nonresident contractor so long as the contractor continues
to maintain a branch office within Alabama. (3) RETAINAGE. That money belonging to the contractor
which has been retained by the awarding authority conditioned on...
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8-7A-26
Section 8-7A-26 Making, amending, and rescinding rules and prescribing forms. The commission
from time to time, may make, amend, and rescind rules and prescribe forms as are necessary
and desirable to carry out this chapter. No rules or forms may be made or prescribed unless
the commission finds that the action is necessary or appropriate in the public interest and
consistent with the purposes fairly intended by the policy and provisions of this chapter.
In prescribing rules and forms, the commission may cooperate with the administrators of other
states, industry representatives, and other federal regulatory bodies with a view to effectuate
the policy of this chapter to achieve maximum uniformity in the form and content of applications
and reports wherever practicable. All rules shall be adopted pursuant to the Alabama Administrative
Procedure Act and, along with all forms adopted, be published by the commission. (Act 2017-389,
§2.)...
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8-6-113
Section 8-6-113 Powers of Securities Commission. (a) The commission may: (1) Stop the issuance
of industrial revenue bonds under the procedures provided in this article. (2) Issue rules
and regulations necessary or desirable to prescribe the form and content of notifications,
the conduct of investigations, the issuance of stop orders, appeals by issuers, or references
by the director to the commission and the conduct of hearings thereon. No rule or regulation
shall be adopted by the commission until the commission shall hold a public hearing on the
proposed rules and regulations, notice of which shall be given by publication one time in
a daily newspaper published in the City of Montgomery and in any other manner as the commission
directs. (b) The authority granted to the commission in this section is in addition to that
granted under Section 8-6-50 et seq., or any other provided by law. (Acts 1978, No. 586, p.
681, §4; Acts 1992, No. 92-124, p. 224, §3.)...
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27-60-2
Section 27-60-2 Interstate Insurance Product Regulation Compact. The State of Alabama hereby
agrees to the following interstate compact known as the Interstate Insurance Product Regulation
Compact: ARTICLE I. PURPOSES. The purposes of this compact are, through means of joint and
cooperative action among the compacting states: 1. To promote and protect the interest of
consumers of individual and group annuity, life insurance, disability income, and long-term
care insurance products; 2. To develop uniform standards for insurance products covered under
the compact; 3. To establish a central clearinghouse to receive and provide prompt review
of insurance products covered under the compact and, in certain cases, advertisements related
thereto, submitted by insurers authorized to do business in one or more compacting states;
4. To give appropriate regulatory approval to those product filings and advertisements satisfying
the applicable uniform standard; 5. To improve coordination of...
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11-65-10
Section 11-65-10 Powers and duties of commission. When authorized by one or more elections
as provided in Section 11-65-4, a commission shall have the powers and duties necessary to
license, regulate, and supervise horse racing and pari-mutuel wagering thereon and greyhound
racing and pari-mutuel wagering thereon within the commission municipal jurisdiction, including,
without limiting the generality of the foregoing, the powers and duties hereinafter set forth
in this section or in other sections of this chapter. (1) A commission shall have succession
in perpetuity, subject only to the provisions of this chapter as it may be amended from time
to time. (2) A commission shall have the power to sue and be sued in its own name in civil
suits and actions and to defend suits against it. (3) A commission shall have the power to
adopt and make use of an official seal and to alter the same at pleasure. (4) A commission
shall have the power to adopt, alter, and repeal bylaws, regulations and...
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