A. When the superintendent upon investigation finds that a foreign or alien society transacting or applying to transact business in this state:
(1) has exceeded its powers;
(2) has failed to comply with any of the provisions of Chapter 59A, Article 44 NMSA 1978;
(3) is not fulfilling its contracts in good faith; or
(4) is conducting its business fraudulently or in a manner hazardous to its members or creditors or the public,
the superintendent shall notify the society of any deficiency and state in writing the reasons for his dissatisfaction. The superintendent shall at once issue a written notice to the society requiring that any deficiency that exists be corrected. After such notice the society shall have a thirty-day period in which to comply with the superintendent's request for correction, and if the society fails to comply the superintendent shall notify the society of such findings of noncompliance and require the society to show cause on a date named why its license should not be suspended, revoked or refused. If on such date the society does not present good and sufficient reason why its authority to do business in this state should not be suspended, revoked or refused, the superintendent may suspend or refuse the license of the society to do business in this state until satisfactory evidence is furnished to the superintendent that such suspension or refusal should be withdrawn or the superintendent may revoke the authority of the society to do business in this state.
B. Nothing contained in this section shall be taken or construed as preventing any such society from continuing in good faith all contracts made in this state during the time such society was legally authorized to transact business therein.
History: 1978 Comp., § 59A-44-31, enacted by Laws 1989, ch. 388, § 31.
Repeals and reenactments. — Laws 1989, ch. 388, § 31, repealed 59A-44-31 NMSA 1978, as enacted by Laws 1984, ch. 127, § 816, relating to review, and enacted a new section, effective January 1, 1990.
Structure New Mexico Statutes
Article 44 - Fraternal Benefit Societies
Section 59A-44-1 - Fraternal benefit societies.
Section 59A-44-2 - Lodge system.
Section 59A-44-3 - Representative form of government.
Section 59A-44-4 - Definitions.
Section 59A-44-5 - Purposes and powers.
Section 59A-44-6 - Qualifications for membership.
Section 59A-44-7 - Location of office; meetings; communications to members; grievance procedures.
Section 59A-44-8 - No personal liability.
Section 59A-44-10 - Organization.
Section 59A-44-11 - Amendments to laws.
Section 59A-44-12 - Institutions.
Section 59A-44-13 - Reinsurance.
Section 59A-44-14 - Consolidations and mergers.
Section 59A-44-15 - Conversion of society into a mutual life insurance company.
Section 59A-44-17 - Beneficiaries.
Section 59A-44-18 - Benefits not attachable.
Section 59A-44-19 - The benefit contract.
Section 59A-44-21 - Investments.
Section 59A-44-23 - Exemptions.
Section 59A-44-25 - Valuation.
Section 59A-44-27 - Certificates of authority.
Section 59A-44-28 - Examination of societies; no adverse publications.
Section 59A-44-29 - Foreign or alien society.
Section 59A-44-30 - Injunction; liquidation; receivership of domestic society.
Section 59A-44-31 - Suspension, revocation or refusal of license of foreign or alien society.
Section 59A-44-32 - Injunction.
Section 59A-44-33 - Licensing of agents.
Section 59A-44-34 - Unfair methods of competition and unfair and deceptive acts and practices.
Section 59A-44-35 - Service of process.
Section 59A-44-36 - Fee schedule.
Section 59A-44-37 - Carrie Tingley crippled children's hospital fund.
Section 59A-44-39 - Penalties.
Section 59A-44-40 - Exemption of certain societies.
Section 59A-44-41 - Applicability of Insurance Code.
Section 59A-44-42 - Severability.