South Carolina Code of Laws
Chapter 38 - Fraternal Benefit Societies
Section 38-38-560. Operating deficiencies of domestic society; notice and correction; voluntarily discontinuing business.

(A) When the director or his designee upon investigation finds that a domestic society has exceeded its powers, has failed to comply with a provision of this chapter, is not fulfilling its contracts in good faith, has a membership of less than four hundred after an existence of one year or more, or is conducting business fraudulently or in a manner hazardous to its members, creditors, or the public, the director or his designee shall notify the society of the deficiency or deficiencies and state in writing the reasons for his dissatisfaction. The director or his designee simultaneously shall issue a written notice to the society requiring that the deficiencies which exist be corrected. After this notice the society has thirty days in which to comply with the director or his designee's request for correction, and if the society fails to comply, the director or his designee may take action as necessary and appropriate under Chapter 26 or 27 of this title or Section 38-38-570.
(B) The director or his designee may take action as necessary and appropriate under this section as respects a domestic society which voluntarily shall determine to discontinue business.
HISTORY: 2000 Act No. 259, Section 1.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 38 - Insurance

Chapter 38 - Fraternal Benefit Societies

Section 38-38-10. Fraternal benefit society defined.

Section 38-38-20. Lodge system operating requirements; lodges for children.

Section 38-38-30. Representative form of government requirements.

Section 38-38-40. Definitions.

Section 38-38-50. Operation for benefit of members; power to adopt bylaws and rules.

Section 38-38-110. Membership provisions in bylaws or rules.

Section 38-38-120. Principal place of business; publication of required notice; annual statement of condition; grievance procedure.

Section 38-38-130. Liability of officers for benefit payments; civil action expense indemnification; liability insurance coverage for officers; cause of action against officers.

Section 38-38-140. Waiver of bylaw provisions.

Section 38-38-210. Requirements for formation of domestic society.

Section 38-38-220. Amendment of bylaws; notice to director.

Section 38-38-230. Not-for-profit institutions for benefit of members.

Section 38-38-240. Reinsurance.

Section 38-38-250. Consolidation or merger of domestic societies.

Section 38-38-260. Reorganization into mutual life insurer.

Section 38-38-310. Contractual benefits allowed; persons covered.

Section 38-38-320. Designation and change of beneficiary; payment of death benefits.

Section 38-38-330. Attachment, garnishment or seizure of benefits.

Section 38-38-340. Benefit certificates; subsequent bylaw changes; impaired reserves; evidence of terms and conditions; approval of certificates by director; transfer of ownership on gaining majority; assignment.

Section 38-38-350. Application of laws of State.

Section 38-38-410. Authorized investments.

Section 38-38-420. Assets to be held for use and benefit of society; special funds and accounts.

Section 38-38-430. Governance by chapter.

Section 38-38-440. Designation as charitable and benevolent institution.

Section 38-38-510. Standards of valuation for certificates; maintenance of excess reserves.

Section 38-38-520. Required statements and reports; penalties.

Section 38-38-530. Renewal of licenses; fees; license as prima facie evidence.

Section 38-38-540. Examination; notice of examination.

Section 38-38-550. Authorization to transact business in State; what to file with director.

Section 38-38-560. Operating deficiencies of domestic society; notice and correction; voluntarily discontinuing business.

Section 38-38-570. Operating deficiencies of foreign society; notice and correction; hearing; revocation of authority to do business; continuation of contracts.

Section 38-38-580. Injunctions.

Section 38-38-590. Licensing of agents.

Section 38-38-600. Applicability of general insurance provisions; membership requirements exception.

Section 38-38-710. Appointment of director as legal attorney for service of process.

Section 38-38-720. False statement or misrepresentation with intent to defraud; penalties.

Section 38-38-730. Societies and associations exempted from provisions of chapter.

Section 38-38-740. Review of findings of director.