40 Pa. Stat. § 1108

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 1108 - Examinations

The Insurance Commissioner, or any person or persons he may appoint, shall have the power of visitation and examination into the affairs of every beneficial society. He may employ such additional assistance, from time to time, as he may deem necessary or expedient for the purpose of such examination, and he, or any person or persons he may appoint, shall have free access to all the books, papers, and documents that relate to the business of the society, and may summon and qualify as witness under oath, and examine its officers and employes or other persons in relation to the affairs, transactions and conditions of the society. Such examinations shall be made every three (3) years or oftener as he deems it to be necessary, and the costs of such examinations, as determined by the Insurance Commissioner, shall be imposed upon each society so examined.

Whenever, after examination, the Insurance Commissioner is satisfied that any beneficial society is exceeding its powers, or is transacting business fraudulently, or is in such condition that its further transaction of business will be hazardous to its members or to the public, 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, proceed against such society in the method prescribed by the laws of this State providing for the liquidation of insolvent or delinquent companies, orders or associations transacting any class of insurance.

No such proceedings shall be commenced by the Attorney General against any such society until after notice has been duly served on the chief executive officers of the society, and a reasonable opportunity given to it, on a date to be named in said notice, to show cause why such proceedings should not be commenced. No application for injunction against or proceedings for the dissolution of, or appointment of a receiver for, any beneficial society or branch thereof, shall be entertained by any court of this Commonwealth unless the same is made by the Attorney General.

40 P.S. § 1108

1937, June 4, P.L. 1643, § 8.