Current through the 2024 Regular Session
Section 83-24-11 - Injunctions and orders; application(1) Any receiver appointed in a proceeding under this chapter may at any time apply for, and any court of general jurisdiction may grant, such restraining orders, preliminary and permanent injunctions, and other orders as may be deemed necessary and proper to prevent: (a) The transaction of further business;(b) The transfer of property;(c) Interference with the receiver or with a proceeding under this chapter;(d) Waste of the insurer's assets;(e) Dissipation and transfer of bank accounts;(f) The institution or further prosecution of any actions or proceedings;(g) The obtaining of preferences, judgments, attachments, garnishments or liens against the insurer, its assets or its policyholders;(h) The levying of execution against the insurer, its assets or its policyholders;(i) The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer;(j) The withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer; or(k) Any other threatened or contemplated action that might lessen the value of the insurer's assets or prejudice the rights of policyholders, creditors or shareholders, or the administration of any proceeding under this chapter.(2) The receiver may apply to any court outside of the state for the relief described in subsection (1).(3) Notwithstanding subsections (1) and (2) of this section and any other provision of this title, a federal home loan bank shall not be stayed, enjoined or prohibited from exercising or enforcing any right or cause of action regarding collateral pledged under a security agreement or under any pledge agreement, security agreement, collateral agreement or other similar arrangement or credit enhancement relating to a security agreement to which the federal home loan bank is a party.Laws, 1991, ch. 417, § 6, eff. 3/20/1991.Amended by Laws, 2023, ch. 329, SB 2227,§ 2, eff. 7/1/2023.