Section 7706. Creation of the corporation  


Latest version.
  • (a)  There  is  created  a
      not-for-profit corporation to be known as "The  Life  Insurance  Company
      Guaranty  Corporation of New York". To the extent that the provisions of
      the not-for-profit corporation law do not conflict with  the  provisions
      of  this  article  or the plan of operation of the corporation hereunder
      the not-for-profit corporation law shall apply to  the  corporation  and
      the   corporation  shall  be  a  type  C  corporation  pursuant  to  the
      not-for-profit corporation law.  If  an  applicable  provision  of  this
      article or the plan of operation of the corporation hereunder relates to
      a  matter  embraced in a provision of the not-for-profit corporation law
      but is not in conflict  therewith,  both  provisions  shall  apply.  All
      member  insurers  shall  be  and  remain members of the corporation as a
      condition of their authority to transact insurance in  this  state.  The
      corporation  shall  perform  its  functions  under the plan of operation
      established and approved under section seven thousand seven hundred  ten
      of  this  article  and  shall  exercise  its  powers  through a board of
      directors established under section seven thousand seven  hundred  seven
      of  this  article.  For  purposes  of  administration and assessment the
      corporation shall maintain two accounts:
        (1) the health insurance account; and
        (2) the life insurance, annuity and funding agreement account.
        (b) The corporation shall come under the immediate supervision of  the
      superintendent and shall be subject to the applicable provisions of this
      article.