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Contents

Part IV

65. (1)

Where the Authority is satisfied that the affairs of any insurer are being conducted in a manner likely to be detrimental to the public interest or the interests of the policy owners or prejudicial to the interests of the insurer, the

Authority may issue such directions to the insurer as it considers necessary and in particular may require the insurer -

(a} to take such action or recruit such management personnel as may be necessary to enable it to conduct its business in accordance with sound insurance principles;

(b)

to remove any of its directors or any person whom the Authority considers unfit to be associated with it;

(c)

to take action as to the disposition or recovery of its assets;

(d)

to take any available steps for the recovery by the insurer of sums appearing to the Authority to have been illegally or improperly paid;

(e)

to stop renewing or issuing further policies of the class of business to which the direction relates;

(f)

to make such arrangements with respect to reinsurance as the

Authority so specifies in the directions; and

(g)

to take action to make good any default under section 18, 19, 20,

21, 22 or 23.

(2)

The Authority may, upon representation being made to him, or on his own motion, modify or cancel any direction issued under subsection ( 1) and, in so doing, may impose such conditions as he thinks fit.

(3)

Any insurer which fails to comply with any direction made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a 1042

tine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or both, and in the case of a continuing offence to a further tine not exceeding

$1,000 for every day during which the offence continues after conviction.

Winding-up

General provisions as to winding-up.

Report