2007 Minnesota Statutes

65A.24 STOCKHOLDERS TO MAKE UP IMPAIRMENT.
If, at any time after the special reserve fund shall have been accumulated by any company,
the directors of the company shall present evidence satisfactory to the commissioner that the
capital of the company has become impaired, the commissioner shall order the directors to call
upon the stockholders to make up this impairment, and the board of directors may thereupon
require the necessary payment by the stockholders to make good the whole of the impairment,
or they may apply for that purpose the whole or any part of the special reserve fund and require
of the stockholders payment of such amount as may be necessary to make up the balance of the
impairment not made up out of the special reserve fund. The stock of every stockholder shall
be pledged and liable for the amount assessed to make up the impairment, either in whole or in
part, and in case any stockholder refuses to pay the assessment, the stock standing in that person's
name may be sold at public auction, after 30 days' notice, in such manner as the directors may
provide. If the board of directors elect to make good the impairment, or any part thereof, out of the
special reserve fund, the commissioner shall, upon request of the board, transfer to the company
so much of the special reserve fund as is necessary for the purpose. No company doing business
under sections 65A.16 to 65A.24 shall insure any larger amount upon any single risk than is
permitted by law to a company possessing the same amount of capital, irrespective of the fund
provided for in sections 65A.16 to 65A.24.
History: 1967 c 395 art 6 s 24; 1986 c 444; 1997 c 7 art 1 s 19