§431:11-110 - Injunctions; prohibitions against voting securities; sequestration of voting securities.
§431:11-110 Injunctions; prohibitionsagainst voting securities; sequestration of voting securities. (a) Whenever it appears to the commissioner that any insurer or any director,officer, employee, or agent thereof has committed or is about to commit aviolation of this article or of any rule or order issued by the commissionerhereunder, the commissioner may apply to the circuit court of the firstjudicial circuit for an order enjoining the insurer or the director, officer,employee, or agent thereof from violating or continuing to violate this articleor any rule or order, and for other equitable relief as the nature of the caseand the interest of the insurer's policyholders, creditors, and shareholders orthe public may require.
(b) No security which is the subject of anyagreement or arrangement regarding acquisition, or which is acquired or to beacquired, in contravention of the provisions of this article or of any rule ororder issued by the commissioner hereunder may be voted at any shareholders'meeting, or may be counted for quorum purposes, and any action of shareholdersrequiring the affirmative vote of a percentage of shares may be taken as thoughthe securities were not issued and outstanding. No action taken at any suchmeeting shall be invalidated by the voting of the securities, unless the actionwould materially affect control of the insurer or unless the courts of thisState have so ordered. If an insurer or the commissioner has reason to believethat any security of the insurer has been or is about to be acquired incontravention of the provisions of this article or of any rule or order issuedby the commissioner hereunder the insurer or the commissioner may apply to thecircuit court of the first judicial circuit to enjoin any offer, request,invitation, agreement, or acquisition made in contravention of section431:11-104 or any rule or order issued by the commissioner thereunder to enjointhe voting of any security so acquired, to void any vote of the securityalready cast at any meeting of shareholders and for such other equitable reliefas the nature of the case and the interest of the insurer's policyholders,creditors, and shareholders or the public may require.
(c)Â In any case where a person has acquired oris proposing to acquire any voting securities in violation of this article orany rule or order issued by the commissioner hereunder, the circuit court ofthe first judicial circuit may, on such notice as the court deems appropriate,upon the application of the insurer or the commissioner seize or sequester anyvoting securities of the insurer owned directly or indirectly by the person,and issue an order with respect thereto as may be appropriate to effectuate theprovisions of this article.
Notwithstanding any other provisions of law,for the purposes of this article, the sites of the ownership of the securitiesof domestic insurers shall be deemed to be in this State. [L 1987, c 349, pt of§8]