§ 27-14.3-22.1. Grounds for rehabilitation or liquidation of a domestic company that is a covered
financial company under Dodd-Frank Wall Street Reform and Consumer Protection Act.
(a) The provisions of this section apply in accordance with title II of the federal Dodd-Frank
Wall Street reform and consumer protection act, Pub. L. No. 111-203, with respect to an insurance company that is a covered financial company, as that
term is defined under 12 U.S.C. § 5381.
(b) The commissioner may file a complaint for an order of rehabilitation or liquidation
pursuant to subdivision (4) of this chapter on any of the following grounds:
(1) Upon a determination and notification given by the secretary of the treasury of the
United States (in consultation with the President of the United States) that the insurance
company is a financial company satisfying the requirements of 12 U.S.C. § 5383(b), and the board of directors (or body performing similar functions) of the insurance
company acquiesces or consents to the appointment of a receiver pursuant to 12 U.S.C. § 5382(a)(1)(A)(i) with such consent to be considered as consent to an order of rehabilitation or liquidation;
(2) Upon an order of the United States district court for the District of Columbia under
12 U.S.C. § 5382(a)(1)(A)(iv)(I) granting the petition of the secretary of the treasury of the United States concerning
the insurance company under 12 U.S.C. § 5382(a)(1)(A)(i); or
(3) A petition by the secretary of the treasury of the United States concerning the insurance
company is granted by operation of law under 12 U.S.C. § 5382(a)(1)(A)(v).
(c) Notwithstanding any other provision of law, after notice to the insurance company,
the receivership court may grant an order on the complaint for rehabilitation or liquidation
within twenty-(24) hours after the filing of a complaint pursuant to this section.
(d) If the receivership court does not make a determination on a complaint for rehabilitation
or liquidation filed by the commissioner pursuant to this section within twenty-four
(24) hours after its filing, then it shall be deemed granted by operation of law upon
the expiration of the twenty-four (24) hour period. At the time that an order is deemed
granted under this section, the provisions of this chapter shall be deemed to be in effect, and the director shall be deemed to be affirmed
as receiver and have all of the applicable powers provided by this code, regardless
of whether an order has been entered. The receivership court shall expeditiously enter
an order of rehabilitation or liquidation that:
(1) Is effective as of the date that it is deemed granted by operation of law; and
(2) Conforms to the provisions for rehabilitation or liquidation contained in this chapter,
as applicable.
(e) Any order of rehabilitation or liquidation made pursuant to this section shall not
be subject to any stay or injunction pending appeal.
(f) Nothing in this section shall be construed to supersede or impair any other power
or authority of the commissioner or the court under this chapter or this title.