Title 33, Chapter 13, Section 9
( 33-13-9)
(a) Injunctions. Whenever it appears to the Commissioner that any
insurer or any director, officer, employee, or agent of any insurer
has committed or is about to commit a violation of this chapter or
of any rule, regulation, or order issued by the Commissioner under
this chapter, the Commissioner may apply to the superior court of
the county in which the principal office of the insurer is located
or, if the insurer has no such office in this state, to the Superior
Court of Fulton County for an order enjoining the insurer or the
director, officer, employee, or agent of such insurer from violating
or continuing to violate this chapter or any rule, regulation, or
order and for any other equitable relief as the nature of the case
and the interests of the insurer's policyholders, creditors, and
shareholders or the public may require. (b) Voting of securities; when prohibited. No security which is the subject of any agreement or arrangement regarding acquisition or which is acquired or to be acquired in contravention of this chapter or of any rule, regulation, or order issued by the Commissioner under this chapter may be voted at any shareholders' meeting or counted for quorum purposes; and any action of shareholders requiring the affirmative vote of a percentage of shares may be taken as though such securities were not issued and outstanding; but no action taken at any such meeting shall be invalidated by the voting of such securities unless the action would materially affect control of the insurer or unless the courts of this state have so ordered. If an insurer or the Commissioner has reason to believe that any security of the insurer has been or is about to be acquired in contravention of this chapter or of any rule, regulation, or order issued by the Commissioner under this chapter, the insurer or the Commissioner may apply to the Superior Court of Fulton County or to the superior court of the county in which the insurer has its principal place of business to enjoin any offer, request, invitation, agreement, or acquisition made in contravention of Code Section 33-13-3 or any rule, regulation, or order issued by the Commissioner under Code Section 33-13-3 to enjoin the voting of any security so acquired, to void any vote of the security already cast at any meeting of shareholders, and for any other equitable relief as the nature of the case and the interests of the insurer's policyholders, creditors, and shareholders or the public may require. (c) Sequestration of voting securities. In any case in which a
person has acquired or is proposing to acquire any voting securities
in violation of this chapter or any rule, regulation, or order
issued by the Commissioner under this chapter, the Superior Court of
Fulton County or the superior court of the county in which the
insurer has its principal place of business, on any notice as the
court deems appropriate and upon the application of the insurer or
the Commissioner, may seize or sequester any voting securities of
the insurer owned directly or indirectly by the person and issue
such orders with respect to the seizure or sequestration as may be
appropriate to effectuate this chapter. Notwithstanding any other
provisions of law, for the purposes of this chapter the situs of the
ownership of the securities of domestic insurers shall be deemed to
be in this state. |