Title 33, Chapter 14, Section 25
( 33-14-25)
(a) Any insurance corporation chartered by the Secretary of State
may surrender its charter upon the company filing in the office of
the Commissioner of Insurance an application in triplicate, signed
with its corporate name and under its corporate seal, stating: (1) The name of the company and the location of its principal
place of business in this state; (2) The date of its charter and all amendments thereto and the
date or dates of renewal or renewals of its charter; (3) That it desires to surrender its charter and franchise to the
state; (4) A certificate attested to by two officers of the company that the procedure required by Code Section 33-14-24 has been carried out; and (5) Any other information deemed necessary by the Commissioner of
Insurance. (b) Upon receipt thereof, the Commissioner shall take such action to
investigate the proposed surrender to determine if the rights of
policyholders, creditors, stockholders or members, and third party
claimants under liability policies of the insurer have been paid or
properly provided for in a fair and equitable manner. The
Commissioner shall after making his or her determination issue under
his or her hand and official seal a certificate approving or
disapproving the application for surrender of the charter and shall
transmit a copy of such certificate of approval to the Secretary of
State. If the Commissioner does not approve the application, the
Commissioner shall notify the insurer in writing of his or her
reasons for not approving the application for surrender of the
charter. (c) The fee and publication requirements set out in subsections (a) through (c) of Code Section 33-14-5 shall be applicable to a surrender of charter under this Code section. (d) Upon receipt of the certificate of the judge of the probate
court as to the publication of the application and the certificate
of approval of the surrender from the Commissioner, the Secretary of
State shall issue under the seal of the state a certificate
dissolving the insurer; and the Secretary of State shall record the
application, the certificate of the judge of the probate court, the
certificate of approval of the Commissioner, and the certificate
dissolving the insurer. |