§ 6-833 — Seizure of property of impaired escrow agent

A. When the deputy director ascertains by examination or otherwise that the assets or capital of any agent are impaired, or that the agent's affairs are in an unsafe condition, the deputy director may immediately take possession of all the property, business and assets of the agent that are located in this state and retain possession of them pending the further proceedings specified in this section. If the board of directors or any officer or person in charge of the offices of the agent refuses to allow the deputy director to take possession as prescribed by this subsection, the deputy director shall communicate such fact to the attorney general, whereupon the attorney general shall immediately institute such proceedings as may be necessary to place the deputy director in immediate possession of the property of the agent. The deputy director shall make or have made an inventory of the assets and known liabilities of the agent. The deputy director shall file one copy of the inventory in the deputy director's office and one copy in the office of the clerk of the superior court of the county in which the principal office of the agent is located. The clerk of the superior court shall mail one copy to each stockholder of the agent at each stockholder's last known address, if by the exercise of reasonable diligence it can be determined. The clerk of the court with whom the copy of the inventory is filed shall file it as any other case or proceeding pending in the court.

B. The officers, directors or stockholders of the agent may have sixty days after the date the deputy director takes possession of the property, business and assets to make good any deficit that may exist or to remedy the unsafe condition of its affairs. At the expiration of this time, if the deficiency in assets or capital has not been made good or the unsafe condition remedied, the deputy director may apply to the court to be appointed receiver and proceed to liquidate the assets of the agent that are located in this state in the same manner as provided by law for liquidation of a private corporation in receivership. The inventory made by the deputy director and all claims filed by creditors shall be open at all reasonable times for inspection and any action taken by the receiver on any of the claims shall be subject to the approval of the court before whom the cause is pending. The expenses of the receiver and compensation of counsel, as well as expenditures required in the liquidation proceedings, shall be fixed by the deputy director, subject to the approval of the court, and on certification of the deputy director shall be paid out of the funds in the deputy director's hands as receiver.