Advertising with us can place you in front of thousands of visitors a day. Learn more!
- Alaska Statutes.
- Title 21. Insurance
- Chapter 84. Fraternal Benefit Societies
- Section 530. Injunction, Liquidation, Receivership of Domestic Society.
previous: Section 500
. - 21.84.520l Consolidations and Mergers; Effect of Consolidations and Mergers; Conversion Into Mutual Life Insurer. [Repealed, Sec. 36 Ch 96 SLA 1997].
next: Section 535
. Suspension, Revocation, or Refusal of License of Foreign or Alien Society.
AS 21.84.530. Injunction, Liquidation, Receivership of Domestic Society.
- (a) When the director upon investigation finds that a domestic society (1) has exceeded its powers; (2) has failed to
comply with this chapter; (3) is not fulfilling its contracts in good faith; (4) has a membership of fewer than 400
after an existence of one year or more; or (5) is conducting business fraudulently or in a manner hazardous to its
members, creditors, the public, or the business; the director shall notify the society of the findings, state in
writing the reasons for dissatisfaction, and demand that the society correct the deficiency. After receipt of the
director's notice the society shall have 30 days in which to comply with the director's request, and if the society
fails to comply with the director, the director shall notify the society of the 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 has been corrected, or why an action in quo warranto should not be commenced against the
- (b) If on the date named the society does not present good and sufficient reasons why it should not be enjoined or why the
action should not be commenced, the director may present the facts to the attorney general who shall, if the attorney
general considers the circumstances warrant, commence an action to enjoin the society from transacting business or in
quo warranto. The court shall notify the officers of the society of a hearing. If after a full hearing it appears
that the society should be enjoined or liquidated or a receiver appointed, the court shall enter the necessary order.
- (c) A society so enjoined does not have the authority to do business until
- (1) the director finds that the violation complained of has been corrected;
- (2) the costs of the action have been paid by the society if the court finds that the society was in default as charged;
- (3) the court has dissolved its injunction;
- (4) the director has reinstated the society's license.
- (d) If the court orders the society liquidated, it shall be enjoined from carrying on any further business, and 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 immediately to close the affairs of the society and to
distribute its funds to those entitled to them.
- (e) An action under this section may not be recognized in a court of this state unless brought by the attorney general
upon request of the director. When a receiver is to be appointed for a domestic society, the court shall appoint the
director as the receiver.
- (f) The provisions of this section relating to hearing by the director, action by the attorney general at the request of
the director, hearing by the court, injunction, and receivership shall be applicable to a society that voluntarily
determines to discontinue business.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.