|
PARRIS N. GLENDENING, Governor Ch. 36
(F) APPLICATION OF SECTION.
THIS SECTION ALSO APPLIES TO A SOCIETY THAT VOLUNTARILY DETERMINES
TO DISCONTINUE BUSINESS.
REVISOR'S NOTE: This section is new language derived without
substantive change from former Art. 48A, § 351.
In subsections (a)(5) and (6), (c)(1), (2)(i), and (4)(i), and (d) of this section.
the references to conducting "insurance" business are added for clarity.
Similarly, in subsections (b)(3)(i) and (e)(1) of this section, the references to
"conduct[ing] ... insurance" business are substituted for the former references
to "carrying on" and "transacting" business for consistency.
In subsection (c)(3) of this section, the requirement that the court schedule a
hearing is added to state expressly that which was only implied by the
references in former Art. 48A, § 351(b), to a "hearing".
In subsection (c)(4) of this section, the phrase "the court finds that a violation
has occurred under subsection (a) of this section" is added to clarify the
circumstances when an injunction or other relief under this section should be
granted.
In subsection (d)(4) of this section, the reference to a "certificate of authority"
is substituted for the former reference to a "license" for consistency with
terminology used elsewhere in this subtitle.
In subsection (f) of this section, the former reference to the provisions of this
section "relating to hearing by the Commissioner, action by the Attorney
General at the request of the Commissioner, hearing by the court, injunction
and receivership" being inapplicable to a society that voluntarily discontinues
business is deleted as redundant.
In subsections (b)(3)(ii) and (c)(2)(ii) of this section, the references to "an
action seeking a mandatory injunction" are substituted for the former obsolete
references to "an action in quo warranto". Maryland Rule BL40 states:
The writ of quo warranto, and the information in the nature
of quo warranto, are hereby abolished. Any relief heretofore
available by these remedies shall be obtained by way of
- 1181 -
|