§ 23-75-109 - Deposit for protection of subscribers.
               	 		
23-75-109.    Deposit for protection of subscribers.
    (a)    (1)  Corporations governed by this chapter shall at all times have on deposit through the Insurance Commissioner sums as follows:
            (A)  If newly formed under this chapter, the sum of fifteen thousand dollars ($15,000); or
            (B)  If formed under prior law, the sum as was required under the prior law.
      (2)    (A)  Every  such corporation shall deposit through the commissioner, not later than  each February 1, an amount equal to two percent (2%) of the gross  subscriptions collected during the preceding calendar year until the  deposit of the corporation reaches a total of fifty thousand dollars  ($50,000).
            (B)  All deposits  shall be held in trust for the benefit and protection of the subscribers  and participating hospitals and physicians of the corporation making  the deposit.
(b)    (1)  The  deposit prescribed by this section shall be subject to withdrawal in  whole or in part on the order of and as directed by the commissioner  but, with his or her approval, may be invested in bonds of the United  States, of any state, of any political subdivision of any state, or  state warrants, which shall be assigned to the commissioner and held as  provided for original deposits.
      (2)    (A)  With the approval of the commissioner, the securities may be exchanged for similar securities or cash of equal amount.
            (B)  Interest on securities so deposited shall be payable to the corporation depositing them.
(c)  An  unsettled final judgment, arising from transactions under its  certificate of authority against such a corporation shall be a lien on  the deposit prescribed by this section, subject to execution after  thirty (30) days from the entry of final judgment. If the deposit is  reduced thereby, it shall be replenished within ninety (90) days.
(d)  Upon  the liquidation or dissolution of the corporation and the satisfaction  of all its liabilities, any balance remaining in the deposit in the  hands of the commissioner and any other assets of the insurer shall be  distributed to the holders of certificates of participation in good  standing at the time proceedings for the liquidation or dissolution of  the corporation were commenced, prorated according to the gross amount  of subscriptions which have been paid on the certificates up to the time  the proceedings were commenced.