58-30-55. Condition on release from delinquency proceedings.
No insurer that is subject to any delinquency proceedings, whether formal or informal, administrative or judicial, shall:
(1) Be released from such proceeding, unless such proceeding is converted into a judicial rehabilitation or liquidation proceeding;
(2) Be permitted to solicit or accept new business or request or accept the restoration of any suspended or revoked license;
(3) Be returned to the control of its shareholders or private management; or
(4) Have any of its assets returned to the control of its shareholders or private management;
until all payments of or on account of the insurer's contractual obligations by all guaranty associations, along with all expenses thereof and interest on all such payments and expenses, have been repaid to the guaranty associations or a plan of repayment by the insurer shall have been approved by the guaranty associations. (1989, c. 452, s. 1; 1999-132, s. 9.1; 2000-140, s. 14.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 30 - Insurers Supervision, Rehabilitation, and Liquidation.
§ 58-30-1 - Construction and purpose.
§ 58-30-12 - Duty to report insurer impairment; violations; penalties.
§ 58-30-15 - Jurisdiction and venue.
§ 58-30-20 - Injunctions and orders.
§ 58-30-22 - Powers of Commissioner and receiver to examine or audit books or records.
§ 58-30-25 - Cooperation of officers, owners and employees.
§ 58-30-35 - Executory contracts and unexpired leases.
§ 58-30-40 - Turnover of property by a custodian.
§ 58-30-50 - Continuation of delinquency proceedings.
§ 58-30-55 - Condition on release from delinquency proceedings.
§ 58-30-60 - Commissioner's summary orders and supervision proceedings.
§ 58-30-62 - Administrative supervision of insurers.
§ 58-30-65 - Court's seizure order.
§ 58-30-70 - Confidentiality of hearings.
§ 58-30-71 - Immunity and indemnification of the receiver and employees.
§ 58-30-75 - Grounds for rehabilitation.
§ 58-30-80 - Rehabilitation orders.
§ 58-30-85 - Powers and duties of the rehabilitator.
§ 58-30-90 - Actions by and against rehabilitator.
§ 58-30-95 - Termination of rehabilitation.
§ 58-30-100 - Grounds for liquidation.
§ 58-30-105 - Liquidation orders.
§ 58-30-110 - Continuance of coverage.
§ 58-30-115 - Dissolution of insurer.
§ 58-30-120 - Powers of liquidator.
§ 58-30-125 - Notice to creditors and others.
§ 58-30-127 - Duties of agents.
§ 58-30-130 - Actions by and against liquidator.
§ 58-30-135 - Collection and list of assets.
§ 58-30-140 - Fraudulent transfers prior to petition.
§ 58-30-145 - Fraudulent transfer after petition.
§ 58-30-147 - Voidable transfers for federal home loan banks.
§ 58-30-150 - Voidable preferences and liens.
§ 58-30-155 - Claims of holders of void or voidable rights.
§ 58-30-170 - Reinsurer's liability.
§ 58-30-175 - Recovery of premiums owed.
§ 58-30-180 - Domiciliary liquidator's proposal to distribute assets.
§ 58-30-185 - Filing of claims.
§ 58-30-200 - Special provisions for third party claims.
§ 58-30-205 - Disputed claims.
§ 58-30-210 - Claims of surety.
§ 58-30-215 - Secured creditor's claims.
§ 58-30-220 - Priority of distribution.
§ 58-30-225 - Liquidator's recommendations to the Court.
§ 58-30-230 - Distribution of assets.
§ 58-30-235 - Unclaimed and withheld funds.
§ 58-30-240 - Termination of proceedings.
§ 58-30-245 - Reopening liquidation.
§ 58-30-250 - Disposition of records during and after termination of liquidation.
§ 58-30-255 - External audit of the receiver's books.
§ 58-30-260 - Conservation of property of foreign or alien insurers found in this State.
§ 58-30-265 - Liquidation of property of foreign or alien insurers found in this State.
§ 58-30-270 - Domiciliary liquidators in other states.
§ 58-30-275 - Ancillary formal proceedings.
§ 58-30-280 - Ancillary summary proceedings.
§ 58-30-285 - Claims of nonresidents against insurers domiciled in this State.
§ 58-30-290 - Claims of residents against insurers domiciled in reciprocal states.
§ 58-30-295 - Attachment, garnishment and levy of execution.
§ 58-30-300 - Interstate priorities.