83-29-45 - Examination of domestic societies.
§ 83-29-45. Examination of domestic societies.
The commissioner of insurance, or any person or persons he may appoint, shall have the power of visitation and examination into the affairs of any domestic society. They shall have free access to all the books, papers, and documents that relate to the business of the society.
The expenses of such examination shall be paid by the society examined, upon statement furnished by the commissioner of insurance, and the examination shall be made not oftener than once in three years, except in case the commissioner shall find an emergency therefor.
Whenever after examination the commissioner of insurance is satisfied that any domestic society has failed to comply with any provisions of this chapter, or is exceeding its powers, or is not carrying out its contracts in good faith, or is transacting business fraudulently, or whenever any domestic society, after the existence of one year or more, shall have a membership of less than 400 or shall determine to discontinue business, the commissioner of insurance may present the facts relating thereto to the attorney general, who shall, if he deem the circumstances warrant, commence an action in quo warranto in a court of competent jurisdiction. Such court shall thereupon notify the officers of such society of a hearing, and if it shall then appear that such society should be closed, said society shall be enjoined from carrying on any further business; and some person shall be appointed receiver of such society and shall proceed at once to take possession of the books, papers, moneys, and other assets of the society and shall forthwith, under the direction of the court, proceed to close the affairs of the society and to distribute its funds to those entitled thereto.
Sources: Codes, 1930, § 5253; 1942, § 5767.