Section 354.190

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS

Chapter 354

Effective - 28 Aug 1983   

  354.190.  Examinations, procedures. — 1.  The director shall examine and inquire into all violations of the laws of the state applicable to corporations subject to the provisions of sections 354.010 to 354.380, and examine the financial condition, affairs and management of any corporation subject to the provisions of sections 354.010 to 354.380 incorporated by or doing business in this state, and inquire into and investigate the business transacted in this state by any corporation subject to the provisions of sections 354.010 to 354.380 or such corporation's enrollment representatives.

  2.  He or any of his duly appointed agents may compel the attendance before him, and may examine, under oath, the directors, officers, employees, enrollment representatives, attorneys or any other person, in reference to the condition, affairs, management of the business, or any matters relating thereto.  He may administer oaths or affirmations, and shall have power to summon and compel the attendance of witnesses, and to require and compel the production of records, books, papers, contracts or other documents, if necessary.

  3.  The director may make and conduct the examination in person, or he may appoint one or more persons to make and conduct the same for him.  If made by one other than the director in person, the person duly appointed by the director shall have the same powers as above granted to the director.  A certificate of appointment, under the official seal of the director, shall be sufficient authority and evidence thereof for the person or persons to act.  For the purpose of making the examinations, or having the same made, the director may employ the necessary clerical, actuarial and other assistance.

  4.  The director may accept, in lieu of an examination by himself, or by his authority, a certificate of an examination, accompanied by a statement of all the facts in the case made by the insurance commissioner or superintendent of another state, of a health services corporation organized under the laws of such state.

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(L. 1983 H.B. 127)