(a) When the Commissioner of Insurance upon investigation finds that a domestic society:
(1) Has exceeded its powers.
(2) Has failed to comply with any provision of this chapter.
(3) Is not fulfilling its contracts in good faith.
(4) Has a membership of less than four hundred after an existence of one year or more.
(5) Is conducting business fraudulently or in a manner hazardous to its members, creditors, the public or the business, he shall notify the society of such deficiency or deficiencies and state his reasons in writing. He shall at once issue a written notice to the society requiring that the deficiency or deficiencies which exist are corrected. After such notice the society shall have a thirty-day period in which to comply with the Commissioner’s request, and if the society fails to comply the Commissioner shall notify the society of his findings of noncompliance and require the society to show cause on a date named why it should not be enjoined from carrying on any business until the violation complained of shall have been corrected, or why the liquidation of the society should not be ordered.
(b) If on such date the society does not present good and sufficient reasons why it should not be so enjoined or liquidated, the Commissioner of Insurance may request of the Court of First Instance an order to liquidate the society.
(c) The court shall thereupon notify the officers of the society of a hearing. If after a full hearing it appears that the society should be liquidated, the court shall enter the necessary order.
(d) No society so enjoined shall have the authority to do business until:
(1) The Commissioner of Insurance finds that the violation complained of has been corrected;
(2) the costs of such action shall have been paid by the society if the court finds that the society was in default as charged;
(3) the Commissioner of Insurance has reinstated the certificate of authority.
(e) If the court orders the society liquidated, it shall be enjoined from carrying on any further business, whereupon the receiver of the society shall proceed at once to take possession of the books, papers, money and other assets of the society and, under the direction of the court, proceed forthwith to close the affairs of the society and to distribute its funds to those entitled thereto.
(f) Whenever a receiver is to be appointed for a domestic society, the court shall appoint the Commissioner of Insurance as such receiver.
(g) The provisions of this section relating to hearing by the Commissioner of Insurance, hearing by the court, and receivership shall be applicable to a society which shall voluntarily determine to discontinue business.
History —Ins. Code, added as § 36.260 on June 13, 1964, p. 55, p. 122.