§310.  Injunction; liquidation; receivership of domestic society

A.(1)  The commissioner of insurance shall notify a domestic society in writing of a deficiency and of the need to correct the deficiency when the society has done one of the following:

(a)  Exceeded its powers.

(b)  Failed to comply with any provision of this Subpart.

(c)  Failed to fulfill its contracts in good faith.

(d)  Failed to maintain its membership of four hundred or more after an existence of one year or more.

(e)  Conducted business fraudulently or in a manner hazardous to its members, creditors, the public, or the business.

(2)  After such notice, the society shall have a thirty day period in which to comply with the commissioner's request for correction.  If the society fails to comply, the commissioner shall notify the society of such findings of noncompliance and require the society to show cause at a hearing conducted in accordance with Chapter 12 of this Title, R.S. 22:2191 et seq., why it should not be enjoined from carrying on any business until the violation complained of has been corrected, or why an action should not be commenced against the society under R.S. 22:73 and 96, Subpart H of Part III of this Chapter, R.S. 22:731 et seq., and Chapter 9 of this Title, R.S. 22:2001 et seq.

B.  Whenever a receiver is to be appointed for a domestic society, the commissioner of insurance shall be appointed as the receiver.

C.  The provisions of this Section relating to a hearing and any action by the commissioner of insurance under R.S. 22:73 and 96, Subpart H of Part III of this Chapter, R.S. 22:731 et seq., and Chapter 9 of this Title, R.S. 22:2001 et seq., shall be applicable to a society which shall voluntarily determine to discontinue business.

Acts 1958, No. 125; Acts 1987, No. 470, §1, eff. Jan. 1, 1988; Redesignated from R.S. 22:570 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2009, No. 317, §1; Acts 2009, No. 503, §1.