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5-5A-21
Section 5-5A-21 Surplus; restriction on dividends. Every bank shall transfer to surplus each
year at least 10 percent of its net earnings until the surplus of such bank shall be equal
to at least 20 percent of its capital, and it shall be unlawful for such bank to declare or
pay a dividend in excess of 90 percent of the net earnings of such bank until the surplus
of such bank shall be equal to at least 20 percent of capital. Thereafter the prior written
approval of the superintendent shall be required if the total of all dividends declared by
the bank in any calendar year shall exceed the total of its net earnings of that year combined
with its retained net earnings of the preceding two years, less any required transfers to
surplus. No dividends, withdrawals or transfers may be made from the bank's surplus without
the prior written approval of the superintendent. For the purpose of this section the term
"net earnings" shall mean the remainder of all earnings from current operations...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-5A-21.htm - 1K - Match Info - Similar pages
41-15-10
Section 41-15-10 Premiums and collected earnings to constitute trust fund; surplus may be invested
in bonds, stocks, mutual funds, etc.; limitations and conditions; requisition for payment
of losses, expenses, etc. All premiums and earnings collected under the provisions of this
chapter shall constitute a trust fund to be applied as authorized in this chapter. With the
approval of the Governor, any surplus in the fund over a necessary working capital, which
shall be determined by the Director of Finance, at not less than $400,000.00, may be invested
in the bonds or other obligations of the United States, of the State of Alabama or of any
agency, institution or instrumentality of the State of Alabama. The Director of Finance shall
also have the authority to invest and reinvest said state insurance trust funds in such classes
of bonds, mortgages, common and preferred stocks, shares of investment companies or mutual
funds or other investments as the Finance Director with the consent of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-15-10.htm - 2K - Match Info - Similar pages
27-27-49.1
Section 27-27-49.1 Recovery. (a) If an order for liquidation or rehabilitation of a domestic
insurer has been entered, the receiver appointed under such order shall have a right to recover
on behalf of the insurer, (i) from any parent corporation or holding company or person or
affiliate who otherwise controlled the insurer, the amount of distributions (other than distributions
of shares of the same class of stock) paid by the insurer on its capital stock, or (ii) any
payment in the form of a bonus, termination settlement, or extraordinary lump sum salary adjustment
made by the insurer or its subsidiary to a director, officer, or employee, where the distribution
or payment pursuant to (i) or (ii) is made at any time during the one year preceding the petition
for liquidation, conservation, or rehabilitation, as the case may be, subject to the limitations
of subsections (b), (c), and (d) of this section. (b) No such distribution shall be recoverable
if the parent or affiliate shows that...
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27-2B-2
Section 27-2B-2 Definitions. As used in this chapter, these terms shall have the following
meanings: (1) ADJUSTED RBC REPORT. An RBC report which has been adjusted by the commissioner
in accordance with subsection (e) of Section 27-2B-3. (2) CORRECTIVE ORDER. An order issued
by the commissioner specifying corrective actions which the commissioner has determined are
required. (3) DOMESTIC INSURER. Any insurer domiciled in this state. (4) FOREIGN INSURER.
Any insurer which is licensed to do business in this state but not domiciled in this state.
(5) FRATERNAL BENEFIT SOCIETY. Any insurer licensed under Chapter 34. (6) HEALTH ORGANIZATION.
Any health care service plan, health maintenance organization, limited health service organization,
dental services corporation, or other managed care organization licensed under this title.
This term does not include any life and disability insurer or property and casualty insurer.
(7) INSURER. As defined in Section 27-1-2, including, without...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-2B-2.htm - 4K - Match Info - Similar pages
27-29-11.1
Section 27-29-11.1 Recovery rights of receivers. (a) If an order for liquidation or rehabilitation
of a domestic insurer has been entered, the receiver appointed under the order shall have
a right to recover on behalf of the insurer, (1) from any parent corporation, holding company,
person, or affiliate who otherwise controlled the insurer, the amount of distributions, other
than distributions of shares of the same class of stock, paid by the insurer on its capital
stock, or (2) any payment in the form of a bonus, termination settlement, or extraordinary
lump sum salary adjustment made by the insurer or its subsidiary to a director, officer, or
employee, where the distribution or payment pursuant to (1) or (2) is made at any time during
the one year preceding the petition for liquidation, conservation, or rehabilitation, as the
case may be, subject to the limitations of subsections (b), (c), and (d). (b) No distribution
shall be recoverable if the parent or affiliate shows that when...
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27-31B-12
Section 27-31B-12 Legal investments. (a) An association captive insurance company, risk retention
group, and an industrial insured captive insurance company insuring the risks of an industrial
insured group defined in paragraph b. of subdivision (18) of Section 27-31B-2 shall comply
with the investment requirements contained in this title, as applicable; provided, however,
that compliance with these investment requirements shall be waived for risk retention groups
to the extent that credit for risks ceded to reinsurers is allowed pursuant to Section 27-31B-13
or to the extent otherwise deemed reasonable and appropriate by the commissioner. Chapter
37 of this title shall apply to association captives, risk retention groups, and industrial
insured captive insurance companies insuring the risks of industrial insured groups defined
in paragraph b. of subdivision (18) of Section 27-31B-2 except to the extent it is inconsistent
with approved accounting standards in use by the association...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-31B-12.htm - 2K - Match Info - Similar pages
37-14-4
Section 37-14-4 Primary supplier's option to acquire facilities within existing municipal limits.
The primary electric supplier within each municipality shall, at its option, have the right
to acquire all distribution facilities of any secondary electric supplier used to supply retail
electric service within the existing municipal limits and shall have the right to serve all
premises within the existing municipal limits of such municipality subject to the following;
(1) The primary electric supplier must announce its intention to exercise its option in writing
by registered or certified mail to the affected secondary suppliers within each municipality,
addressed to the chief executive officer or manager of such secondary supplier, no later than
nine months after April 26, 1984. Simultaneously with the delivery of the notice of exercise
of its option by the primary electric supplier, the primary electric supplier shall deposit
in escrow with a bank whose principal office is in Alabama...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-4.htm - 11K - Match Info - Similar pages
37-14-33
Section 37-14-33 Retail electric service within municipalities. (a) Primary supplier's option
to acquire facilities within existing municipal limits. - The primary electric supplier within
each municipality shall, at its option, have the right to acquire all distribution facilities
of any secondary electric supplier used to supply retail electric service within the existing
municipal limits and shall have the right to serve all premises within the existing municipal
limits of such municipality subject to the provisions of subdivisions (a)(1) through (a)(5).
Except as authorized in this section, no secondary electric supplier shall extend facilities
to serve existing or new premises within the existing municipal limits of the municipality.
(1) The primary electric supplier must announce its intention to exercise its option to acquire
the distribution facilities of secondary electric suppliers by giving written notice by registered
or certified mail to the affected secondary suppliers...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-33.htm - 14K - Match Info - Similar pages
27-44-14
Section 27-44-14 Liability of unpaid assessments; records of negotiations and meetings; association
deemed creditor of impaired or insolvent insurer; judicial distribution of ownership rights
of insolvent insurer; recovery by receiver of certain distributions from controlling affiliates.
(a) Nothing in this chapter shall be construed to reduce the liability for unpaid assessments
of the insureds on an impaired or insolvent insurer operating under a plan with assessment
liability. (b) Records shall be kept of all negotiations and meetings in which the association
or its representatives are involved to discuss the activities of the association in carrying
out its powers and duties under Section 27-44-8. Records of such negotiations or meetings
shall be made public only upon the termination of a liquidation, rehabilitation, or conservation
proceeding involving the impaired or insolvent insurer, upon the termination of the impairment
or insolvency of the insurer, or upon the order of a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-44-14.htm - 4K - Match Info - Similar pages
27-29-2
Section 27-29-2 Subsidiaries and affiliates of domestic insurers. (a) Authorization. A domestic
insurer, either by itself or in cooperation with one or more persons, may organize or acquire
one or more subsidiaries. The subsidiaries may conduct any kind of business or businesses
and their authority to do so shall not be limited by reason of the fact that they are subsidiaries
or affiliates of a domestic insurer. (b) Additional investment authority. In addition to investments
in common stock, preferred stock, debt obligations, and other securities permitted under all
other sections of this title, a domestic insurer may also: (1) Invest, in common stock, preferred
stock, debt obligations, and other securities of one or more subsidiaries, amounts which do
not exceed the lesser of 10 percent of such insurer's assets or 50 percent of the insurer's
surplus as regards policyholders, provided that after such investments, the insurer's surplus
as regards policyholders will be reasonable in...
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