§ 27-5-27. Making up of impairments of capital.
If, at any time after a special reserve fund has been accumulated by any company, the directors of the company shall present evidence satisfactory to the insurance commissioner that the capital of the company has become impaired, the commissioner shall order the directors to call upon the stockholders to make up that impairment, and the board of directors may then require the necessary payment by the stockholders to make good the whole of that impairment, or they may apply for that purpose the whole or any part of the special reserve fund and require of the stockholders payment of any amount as may be necessary to make up the balance of that impairment not made up out of the special reserve fund. The stock of every stockholder shall be pledged and liable for the amount assessed upon the stockholder to make up that impairment either in whole or in part, and in case any stockholder refuses to pay that assessment the stock standing in his or her name may be sold at public auction after thirty (30) days’ notice in any manner as the directors may provide. If the board of directors elects to make good that impairment or any part of the impairment out of the special reserve fund, the insurance commissioner shall, upon request of the board, transfer to the company so much of the special reserve fund as is necessary for the purpose.
History of Section.P.L. 1907, ch. 1438, § 9; G.L. 1909, ch. 219, § 34; P.L. 1919, ch. 1783, § 1; G.L. 1923, ch. 255, § 34; G.L. 1938, ch. 150, § 33; impl. am. P.L. 1953, ch. 3174, § 5; G.L. 1956, § 27-5-27.
Structure Rhode Island General Laws
Chapter 27-5 - Fire Insurance Policies and Reserves
Section 27-5-1. - Standard fire insurance policy.
Section 27-5-2. - Compliance with standard policy required.
Section 27-5-3. - Form of standard policy.
Section 27-5-3.1. - Exclusion — Nuclear damage.
Section 27-5-3.2. - Property insurance.
Section 27-5-3.3. - Resident agent — Banks.
Section 27-5-3.4. - Cancellation or nonrenewal of standard fire insurance policy.
Section 27-5-3.5. - Earthquake coverage endorsement for property insurance.
Section 27-5-3.6. - Notice concerning flood insurance.
Section 27-5-3.8. - Rhode Island commission on hurricane loss projection methodology.
Section 27-5-3.9. - Vacant property.
Section 27-5-4. - Items shown at head of policy.
Section 27-5-5. - Inclusion of regulations of mutual insurer.
Section 27-5-6. - Binders and temporary insurance.
Section 27-5-6.1. - Notice concerning single interest hazard insurance.
Section 27-5-6.2. - Escrow accounts for insurance premiums.
Section 27-5-7. - Combination standard form.
Section 27-5-8. - Supplemental contract forms.
Section 27-5-9. - Standard form not required for reinsurance.
Section 27-5-9.1. - Simplified comprehensive policies of insurance.
Section 27-5-10. - Penalty for nonconforming policy — Validity.
Section 27-5-11. - Enforcement of standard policy requirements.
Section 27-5-12. - Declination of premium notes by mutual companies — Provision as to liability.
Section 27-5-13. - Mutual membership not acquired by reinsurance.
Section 27-5-14. - Reinsurance by mutual insurers — Agreements with policyholders.
Section 27-5-15. - Power to create guaranty surplus and special reserve funds.
Section 27-5-16. - Resolution to establish surplus and reserve funds — Certification of funds.
Section 27-5-17. - Restrictions on dividends — Payments into surplus and reserve funds.
Section 27-5-18. - Computation of profits.
Section 27-5-19. - Certification that funds equal capital stock — Subsequent additions.
Section 27-5-20. - Investment of guaranty surplus fund — Liability to payment of losses.
Section 27-5-21. - Deposit of special reserve fund.
Section 27-5-22. - Application of special reserve fund to protection of policyholders.
Section 27-5-23. - Annual statement of amounts of funds.
Section 27-5-24. - Maintenance of surplus fund equal to reserve fund.
Section 27-5-25. - Use of special reserve fund to replace capital stock.
Section 27-5-26. - Physical assets for protection of policyholders.
Section 27-5-27. - Making up of impairments of capital.
Section 27-5-28. - Maximum single risk insured.
Section 27-5-29. - Statement on policy as to surplus and reserve funds.
Section 27-5-30. - Funds established under prior law.
Section 27-5-31. - Termination of surplus and reserve fund method — Return of special reserve fund.