§ 27-1-16.1. Sale by receiver of charter and licenses.
(a) Notwithstanding any decree of forfeiture or finding of insolvency and order of liquidation, the receiver may, subject to court approval, sell or dispose of the charter and/or licenses of the insolvent insurer separate and apart from its outstanding liabilities or remaining assets.
(b) The sale may be made after proper advertisement in a national publication on terms and conditions the court deems appropriate. The order approving the sale shall provide that the proceeds of the sale shall become part of the assets of the liquidation estate, to be distributed in the manner set forth in the pertinent provisions of law governing distribution of the estate and the order shall provide that the charter and licenses shall after this be free and clear from the claims or interests of all claimants, creditors, policyholders, and stockholders of the corporation under liquidation.
(c) Nothing in this section of law shall be deemed a waiver of capitalization or surplus requirements, or any other condition of licensure imposed by this title which is necessary to obtain approval to do insurance business in this state, or which is necessary to obtain approval for the change in control of a foreign or domestic insurer.
(d) This section applies retrospectively and shall be liberally construed to accomplish its purpose to provide a more expeditious and effective procedure for marshalling the assets of the estate in order to realize the maximum amount possible from the sale of those assets and ensure that the purchasers receive clear and marketable titles. It shall not be construed as a limitation upon the receiver, nor shall it exclude in any manner the receiver’s right to do other acts not specifically enumerated.
History of Section.P.L. 1992, ch. 404, § 1.
Structure Rhode Island General Laws
Chapter 27-1 - Domestic Insurance Companies
Section 27-1-1. - Site of principal office and records.
Section 27-1-1.1. - Telephone number — Toll free or collect.
Section 27-1-2. - Special stockholders’ meetings — Notice — Quorum.
Section 27-1-2.1. - Corporate governance standards.
Section 27-1-3. - Stock assessments to meet deficits.
Section 27-1-4. - Power of companies to comply with tax and license laws not held invalid.
Section 27-1-5. - Deposits with general treasurer to comply with laws of other states.
Section 27-1-6. - Holding of deposits — Income — Replacement.
Section 27-1-7. - Certificate of deposits.
Section 27-1-8. - Return of deposit on termination of business.
Section 27-1-9. - Examinations to ascertain market value of securities deposited — Deficiencies.
Section 27-1-10. - State not liable for deposits.
Section 27-1-11. - Visitation and examination of insurance companies.
Section 27-1-12. - Summons of witnesses — Obstruction or refusal to testify.
Section 27-1-13. - Citation for forfeiture of charter for unsafe practices.
Section 27-1-14. - Decree of forfeiture — Receiver.
Section 27-1-15. - Collection and distribution of assets by receiver — Reinsurance.
Section 27-1-16. - Powers of receiver — Removal and control by court.
Section 27-1-16.1. - Sale by receiver of charter and licenses.
Section 27-1-16.2. - Court approved settlements.
Section 27-1-17. - Stay of executions and process against company.
Section 27-1-18. - Limited injunction without receivership.
Section 27-1-19. - Declaration of forfeiture.
Section 27-1-20. - Temporary injunction.
Section 27-1-21. - Failure to deliver property or records to receiver.
Section 27-1-22. - Assessments by receiver of mutual company.
Section 27-1-24. - Meetings to approve reorganization plan — Filing of approved plan.
Section 27-1-25. - Decree approving reorganization plan — Binding effect.
Section 27-1-26. - Principles for classification of creditors and stockholders.
Section 27-1-27. - Severability.
Section 27-1-29. - Reports of directors, officers, and principal shareholders.
Section 27-1-30. - Liability of directors, officers, and shareholders.
Section 27-1-31. - Prohibited sales of securities.
Section 27-1-32. - Exempted sales of dealers.
Section 27-1-33. - Exempted arbitrage transactions.
Section 27-1-34. - Definitions.
Section 27-1-35. - Companies not subject to securities regulations.
Section 27-1-36. - Regulations of “insider trading”.
Section 27-1-37. - Minimum capital and surplus requirement — Charters.
Section 27-1-38. - Acquisition of minority interests in subsidiary insurers.
Section 27-1-39. - Discrimination in rates prohibited.
Section 27-1-40. - Conversion to stock form of organization.
Section 27-1-40.1. - Mutual insurance holding companies.
Section 27-1-42. - Maximum amount of single risk.
Section 27-1-43. - Applicability.