(a) Any transfer of, or lien upon, the property of an insurer which is made or created within four (4) months prior to the granting of an order to show cause under this chapter with the intent of giving to any creditor a preference or of enabling him or her to obtain a greater percentage of his or her debt than any other creditor of the same class and which is accepted by the creditor having reasonable cause to believe that the preference will occur, shall be voidable.
(b) Every director, officer, employee, stockholder, member, subscriber, and any other person acting on behalf of the insurer who shall be concerned in any act or deed and every person receiving thereby any property of the insurer or the benefit thereof shall be personally liable therefor and shall be bound to account to the Insurance Commissioner.
(c) The commissioner as receiver in any proceeding under this chapter may avoid any transfer of or lien upon the property of an insurer which any creditor, stockholder, subscriber, or member of such insurer might have avoided and may recover the property so transferred unless such person was a bona fide holder for value prior to the date of the entering of an order to show cause under this chapter. The property or its value may be recovered from anyone who has received it except a bona fide holder for value as herein specified.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Chapter 68 - Rehabilitation and Liquidation of Insurance Companies
§ 23-68-101. Uniform Insurers Liquidation Act
§ 23-68-103. Delinquency proceedings generally
§ 23-68-104. Commencement of delinquency proceedings
§ 23-68-105. Injunctions — Commissioner as party to suits
§ 23-68-106. Grounds for rehabilitation — Domestic insurers
§ 23-68-107. Grounds for liquidation
§ 23-68-108. Grounds for conservation — Domestic, foreign, and alien insurers
§ 23-68-109. Grounds for ancillary liquidation — Foreign insurers
§ 23-68-110. Order of rehabilitation
§ 23-68-111. Order of liquidation — Domestic and alien insurers
§ 23-68-112. Order of conservation or liquidation — Foreign and alien insurers
§ 23-68-113. Conduct of delinquency proceedings against domestic and alien insurers
§ 23-68-114. Disposition of funds held pursuant to § 23-68-113
§ 23-68-115. Conduct of delinquency proceedings against foreign insurers
§ 23-68-116. Claims of nonresidents against domestic insurers
§ 23-68-117. Claims against foreign insurers
§ 23-68-118. Form of claim — Notice — Hearing
§ 23-68-119. Priority of certain claims
§ 23-68-120. Attachment and garnishment of assets
§ 23-68-121. Disposition of moneys collected
§ 23-68-122. Exemption from fees
§ 23-68-123. Borrowing on pledge of assets
§ 23-68-124. Date of rights and liabilities upon liquidation
§ 23-68-125. Voidable transfers and liens
§ 23-68-126. Priority of distribution of general assets
§ 23-68-128. Allowance of certain claims
§ 23-68-129. Time for filing claims
§ 23-68-130. Report and petition for assessment
§ 23-68-131. Order and levy of assessment
§ 23-68-132. Assessment prima facie correct — Procedures to collect assessment
§ 23-68-133. Reinsurer's liability
§ 23-68-134. Priority of distribution of claims — Legislative intent