(a) When the commissioner upon investigation finds that a domestic society:
(1) Has exceeded its powers; or
(2) Has failed to comply with any provision of this chapter; or
(3) Is not fulfilling its contracts in good faith; or
(4) Has a membership of less 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, he shall notify the society of his findings, state in writing the reasons for his dissatisfaction 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 an action in quo warranto should not be commenced against the society.
(b) If on such date the society does not present good and sufficient reasons why it should not be so enjoined or why such action should not be commenced, the commissioner may present the facts relating thereto to the Attorney General who shall, if he deems the circumstances warrant, commence an action to enjoin the society from transacting business or in quo warranto. 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 so enjoined or liquidated or a receiver appointed, the court shall enter the necessary order.
(c) No society so enjoined shall have the authority to do business until:
(1) The commissioner finds that the violation complained of has been corrected;
(2) The costs of such 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; and
(4) The commissioner has reinstated the society's license.
(d) 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.
(e) No action under this section shall be recognized in any court of this state unless brought by the Attorney General upon request of the commissioner. Whenever a receiver is to be appointed for a domestic society, the court shall appoint the commissioner as such receiver.
(f) The provisions of this section relating to hearing by the commissioner, action by the Attorney General at the request of the commissioner, hearing by the court, injunction and receivership shall be applicable to a society which voluntarily determines to discontinue business.
Structure Code of Alabama
Chapter 34 - Fraternal Benefit Societies.
Section 27-34-1 - Definitions.
Section 27-34-2 - Societies Deemed Operating on Lodge System.
Section 27-34-3 - When Society Deemed as Having Representative Form of Government.
Section 27-34-4 - Applicability of Chapter - Generally.
Section 27-34-5 - Applicability of Chapter - Exceptions.
Section 27-34-6 - License - Requirement; Renewal; Fee; Evidence.
Section 27-34-7 - License - Foreign or Alien Societies - Application; Qualifications.
Section 27-34-8 - License - Foreign or Alien Societies - Suspension, Revocation, or Refusal.
Section 27-34-9 - Articles of Incorporation - Contents.
Section 27-34-11 - Preliminary Certificate - Time to Complete Organization.
Section 27-34-12 - Preliminary Certificate - Initial Solicitations and Qualifications.
Section 27-34-13 - Certificate of Compliance.
Section 27-34-14 - Constitution and Laws; Powers.
Section 27-34-15 - Existing Incorporated Societies.
Section 27-34-16 - Incorporation of Existing Unincorporated Domestic Voluntary Associations.
Section 27-34-17 - Amendment of Articles of Incorporation, Constitution, or Laws.
Section 27-34-18 - Waiver of Societies' Laws and Constitution.
Section 27-34-20 - Creation, etc., of Charitable, Benevolent, or Educational Institutions.
Section 27-34-21 - Members - Qualifications for Membership.
Section 27-34-22 - Members - Payment of Equitable Part of Deficiency.
Section 27-34-23 - Benefits - Generally.
Section 27-34-24 - Benefits - Lives of Children.
Section 27-34-26 - Beneficiaries.
Section 27-34-27 - Exemption of Benefits, etc., From Attachment, Garnishment, or Other Process.
Section 27-34-28 - Personal Liability for Payment of Benefits.
Section 27-34-29 - Issuance of Certificate to Each Benefit Member; Matters Constituting Agreement.
Section 27-34-30 - Life Benefit Certificate - Filing With Commissioner; Standard Provisions.
Section 27-34-31 - Life Benefit Certificate - Prohibited Provisions.
Section 27-34-32 - Accident or Health and Total or Permanent Disability Insurance Contracts.
Section 27-34-33 - Reinsurance.
Section 27-34-34 - Assets; Funds; Expenses.
Section 27-34-35 - Investments.
Section 27-34-36 - Annual Statements - Requirements.
Section 27-34-37 - Annual Statements - Valuation of Certificates; Reserves.
Section 27-34-38 - Annual Statements - Failure to File.
Section 27-34-39 - Examinations - Domestic Societies.
Section 27-34-40 - Examinations - Foreign and Alien Societies.
Section 27-34-41 - Examinations - Publication of Financial Statement, Report, or Finding.
Section 27-34-42 - Exemption From Taxation.
Section 27-34-43 - Applicability of Chapters 7 and 8a.
Section 27-34-44 - Agents - Solicitation Without License.
Section 27-34-45 - Misrepresentations.
Section 27-34-46 - Discrimination, Inducements, and Rebates.
Section 27-34-47 - Service of Process.
Section 27-34-48 - Consolidation or Merger - Procedure.
Section 27-34-49 - Consolidation or Merger - Effect.
Section 27-34-50 - Actions to Enjoin or in Quo Warranto; Liquidation; Receivership.
Section 27-34-51 - Applications for Injunctions.
Section 27-34-52 - Review of Decisions and Findings of Commissioner.