Section 7504. The guaranty fund  


Latest version.
  • (a)  The  corporation  shall provide a
      guaranty fund from which all corporate administrative costs may be  paid
      as  well as such payments and advances as may be made in connection with
      any assumption, reinsurance or guaranty agreement. Such  fund  shall  be
      raised  by  assessments  which  may  be  made  from  time to time by the
      corporation upon all member companies in proportion  to  their  admitted
      assets  as shown by their annual statements required by this chapter for
      the year next preceding the date of such assessment.  The  net  realized
      gains  and  income  from  investments  of  the fund shall belong, and be
      refunded, to the contributors in proportion to the  amounts  contributed
      by  them.  The  corporation  may  provide  by  resolution  or by-law the
      necessary procedure for making assessments, the payment thereof, and the
      refund of any net realized gains and  income  from  investments  of  the
      fund.
        (b)  The amount of the fund shall be kept at such a sum as will enable
      the corporation to meet its immediate obligations and liabilities.
        (c) Upon payment of assessments the corporation  shall  issue  to  the
      contributors   certificates  showing  the  dates  and  amounts  of  such
      payments,  and  any  other  matters  deemed  proper.   All   outstanding
      certificates  shall  be  of  equal  dignity and priority irrespective of
      amounts or dates of issue. Such certificates may be  carried  by  member
      companies   as   admitted   assets  to  the  extent  authorized  by  the
      superintendent.
        (d) Whenever the amount of the fund exceeds the immediate requirements
      of the  corporation,  with  the  approval  of  the  superintendent,  the
      corporation  may  distribute  such excess by retirement of the aforesaid
      certificates previously issued or any part  thereof.  Such  distribution
      shall  be  made  pro  rata  upon  the basis of outstanding certificates,
      except that by unanimous consent of  all  the  directors  and  with  the
      approval  of  the  superintendent  any other method of retirement of the
      certificates may be adopted.
        (e) Upon dissolution of the fund by the  repeal  of  this  article  or
      otherwise,  the fund shall be distributed in the manner provided for the
      repayment or retirement of certificates. If the amount of  the  fund  at
      the time of dissolution exceeds the outstanding certificates, the excess
      shall  be  paid  in  such  equitable  manner as shall be approved by the
      superintendent.
        (f) The aggregate of the outstanding certificates  shall  at  no  time
      exceed fifty million dollars.