Current through Chapter 519 of the 2024 Legislative Session and Chapter 2 of the 2024 First Extraordinary Session
Section 10-3-505 - Injunctions - orders(1) Any receiver appointed in a proceeding under this part 5 may at any time apply for, and any court of general jurisdiction may grant, such restraining orders, preliminary and permanent injunctions, and other orders as may be deemed necessary and proper to prevent:(a) The transaction of further business;(b) The transfer of property;(c) Interference with the receiver or with a proceeding under this part 5;(d) Waste of the insurer's assets;(e) Dissipation or transfer, or both, of bank accounts;(f) The institution or further prosecution of any actions or proceedings;(g) The obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer, its assets, or its policyholders;(h) The levying of execution against the insurer, its assets, or its policyholders;(i) The making of any sale or deed for nonpayment of taxes or assessments that would tend to lessen the value of the assets of the insurer;(j) The withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer; or(k) Any other threatened or contemplated action that might tend to lessen the value of the insurer's assets or prejudice the rights of policyholders, creditors, or shareholders or the administration of any proceeding under this part 5.(2) The receiver may, if necessary, apply to any court outside of the state for the relief described in subsection (1) of this section.(3) Notwithstanding subsections (1) and (2) of this section and any other provision of this title, a federal home loan bank shall not be stayed, enjoined, or prohibited from exercising or enforcing any right or cause of action regarding collateral pledged under a security agreement or under any pledge agreement, security agreement, collateral agreement, guarantee agreement, or other similar arrangement or credit enhancement relating to a security agreement to which the federal home loan bank is a party.Amended by 2014 Ch. 57,§ 2, eff. 3/21/2014.L. 92: Entire part R&RE, p. 1434, § 14, effective July 1. L. 2014: (3) added, (HB 14-1215), ch. 57, p. 257, § 2, effective March 21.