2178 ARTICLE 48A
The expense of such examination shall be paid by the association exam-
ined, upon statement furnished by the Insurance Commissioner, and the
examination shall be made at least once in three years. Whenever after
examination the Insurance Commissioner is satisfied that any domestic
association has failed to comply with any provisions of this Article, or is
exceeding its powers, or is not carrying out its contracts in good faith,
or is transacting business fraudulently, or wherever any domestic associa-
tion after the existence of one year or more shall have a membership of
less than 400 (or shall determine to discontinue business), the Insurance
Commissioner may present the facts relating thereto to the Attorney
General who shall, if he deem the circumstances warrant, commence an
action in quo warranto in a court of competent jurisdiction, and such
court shall thereupon notify the officers of such association of a hearing;
and if it shall then appear that such association should be closed, said
association shall be enjoined from carrying on any further business, and
a receiver shall be appointed, in the manner authorized by Section 52 and
Section 53 of this Article.
An. Code, 1924, sec. 177. 1922, ch. 492, sec. 174.
211. (Examination of Foreign Association.) The Insurance Commis-
sioner, or any person whom he may appoint, may examine any foreign
association transacting or applying for admission to transact business in
this State. The said Commissioner may employ assistants, and he, or any
person he may appoint, shall have free access to all the books, papers and
documents that relate to the business of the association, and may summon
and qualify as witnesses under oath and examine its officers, agents and
employees and other persons in relation to the affairs, transactions and
conditions of the association. He may, in his discretion, accept in lieu
of such examination the examination of the Insurance Department of the
State, territory, district, province or country where such association is
organized. The actual expenses of examiners making any such examination
shall be paid by the association upon statement furnished by the Insurance
Commissioner. If any such association or its officers refuse to submit to
such examination or to comply with the provisions of this section relative
thereto, the authority of such association to write new business in this
State shall be suspended or license refused until satisfactory evidence is
furnished by the Commissioner relating to the condition and affairs of the
association, and during such suspension the association shall not write new
business in this State.
An. Code, 1924, sec. 178. 1922, ch. 492, sec. 175.
212. (Adverse Publications.) Pending, during or after an examination
or investigation of any such association, either domestic or foreign, the
Insurance Commissioner shall make public no financial statement, report
or finding, nor shall he permit to become public any financial statement,
report or finding affecting the status, standing or rights of any such asso-
ciation until a copy thereof shall have been served upon such association at
its home office, nor until such association shall have been afforded a reason-
able opportunity to answer any such financial statement, report or finding
and to make such showing in connection therewith as it may desire.
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