NRS 696B.412
Recovery by receiver of certain distributions on capital stock and payments to directors, officers and employees

  • scope of liability.

1.

Except as otherwise provided in subsections 2 and 4, if an order for liquidation or rehabilitation of a domestic insurer has been issued, the receiver appointed under the order may recover on behalf of the insurer:

(a)

From any parent corporation, holding company, affiliate or person who otherwise controlled the insurer, the amount of any distribution, other than a distribution of shares of the same class of stock, made by the insurer on its capital stock; and

(b)

Any payment in the form of a bonus, settlement on termination, or extraordinary adjustment of salary in a lump sum made by the insurer or a subsidiary to a director, officer or employee,
Ê made during the year preceding the petition for liquidation, conservation or rehabilitation.

2.

A distribution is not recoverable if the parent corporation, holding company or affiliate shows that when made the distribution was lawful and reasonable and that the insurer did not know and could not reasonably have known that the distribution might adversely affect the ability of the insurer to fulfill its contractual obligations.

3.

A parent corporation, holding company or person who otherwise controlled the insurer or affiliate at the time the distribution or payment was made is liable up to the amount of the distribution or payment which he or she received. A person who otherwise controlled the insurer at the time a distribution was declared is liable up to the amount that would have been received if the distribution had been made immediately. If two or more persons are liable with respect to the same distribution, they are jointly and severally liable.

4.

The greatest amount recoverable under this section is the amount needed in excess of all other available assets of the impaired or insolvent insurer to pay its contractual obligations and reimburse any guaranty fund.

5.

To the extent that a person liable under subsection 3 is insolvent or otherwise fails to pay a claim due from it, a parent corporation, holding company or person who otherwise controlled it at the time the distribution was made is jointly and severally liable for any resulting deficiency in the amount recovered from the person so liable.

Source: Section 696B.412 — Recovery by receiver of certain distributions on capital stock and payments to directors, officers and employees; scope of liability., https://www.­leg.­state.­nv.­us/NRS/NRS-696B.­html#NRS696BSec412.

696B.010
Short title. 696B.020
Applicability of chapter. 696B.030
Definitions. 696B.040
“Ancillary state” defined. 696B.050
“Creditor” defined. 696B.060
“Delinquency proceeding” defined. 696B.070
“Domiciliary state” defined. 696B.080
“Foreign country” defined. 696B.090
“General assets” defined. 696B.100
“Impairment” defined. 696B.110
“Insolvency” defined. 696B.120
“Insurer” defined. 696B.130
“Preferred claim” defined. 696B.140
“Receiver” defined. 696B.150
“Reciprocal state” defined. 696B.160
“Secured claim” defined. 696B.170
“Special deposit claim” defined. 696B.180
“State” defined. 696B.190
Jurisdiction of delinquency proceedings 696B.200
Jurisdiction over related persons and transactions 696B.210
Grounds for conservation or rehabilitation of domestic insurer or domiciled alien insurer. 696B.220
Grounds for liquidation of domestic insurer or domiciled alien insurer. 696B.230
Grounds for conservation: Foreign and alien insurers. 696B.240
Grounds for ancillary liquidation: Foreign and alien insurers. 696B.250
Commencement of proceeding. 696B.255
Commissioner as receiver, rehabilitator or liquidator authorized to appoint special deputies and advisory committee. 696B.260
Service of process. 696B.270
Injunctions. 696B.280
Uniform Insurers Liquidation Act and Insurer Receivership Model Act: Composition 696B.290
Conduct of delinquency proceedings against domestic insurers and certain alien insurers. 696B.300
Conduct of delinquency proceedings against foreign insurers. 696B.310
Claims of nonresidents against domestic insurers. 696B.320
Claims against foreign insurers. 696B.330
Form of claim 696B.332
Reporting and filing requirements of receiver 696B.334
Reporting and filing requirements of guaranty association 696B.340
Attachment and garnishment of assets 696B.350
Limitations on appointment of receiver 696B.360
Deposit of money. 696B.370
Exemption from fees. 696B.380
Borrowing on pledge of assets. 696B.390
Termination of conservation or rehabilitation. 696B.400
Date rights fixed on liquidation. 696B.410
Prohibited and voidable transfers and liens. 696B.412
Recovery by receiver of certain distributions on capital stock and payments to directors, officers and employees 696B.415
Disbursements to insurance guaranty associations 696B.420
Order of distribution of claims from estate of insurer on liquidation. 696B.430
Subordination of claims for failure to cooperate. 696B.440
Offsets. 696B.450
Allowance of certain claims. 696B.460
Time to file claims. 696B.470
Report and petition for assessment. 696B.480
Order and levy of assessment. 696B.490
Assessment prima facie correct 696B.500
Summary proceedings: Commissioner’s corrective orders authorized. 696B.510
Summary proceedings: Appeal from Commissioner’s order. 696B.520
Summary proceedings: Enforcement 696B.530
Summary proceedings: Seizure under court order. 696B.540
Summary proceedings: Seizure under Commissioner’s order. 696B.550
Summary proceedings: Conduct of administrative and judicial hearings. 696B.560
Summary proceedings: Penalty for refusal to deliver property and records. 696B.565
Officers, agents, employees and attorneys of Division: Immunity from liability 696B.570
Federal receivership.
Last Updated

Feb. 5, 2021

§ 696B.412’s source at nv​.us