LD 1239
pg. 13
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LR 186
Item 1

 
3.__Personal liability.__The members of the board and
officers or employees of the company are not liable
personally, either jointly or severally, for any debt or
obligation created or incurred by the company.

 
§2384.__Plan of operation

 
1. Plan of operation.__The company shall develop and file
with the Superintendent of Insurance for review and approval a
plan of operation and any amendments to a plan of operation
necessary or suitable to ensure the fair, reasonable and
equitable administration of the company.

 
2. Initial funding. The company may obtain initial start-up
funds by:

 
A. Borrowing from any public or private source; and

 
B. The sale of private activity bonds through an
allocation of the state ceiling on private activity bonds
to the company pursuant to Title 10, section 363.

 
§2385. President and chief executive officer

 
1.__Appointment.__The board shall appoint a president who
serves as chief executive officer and who is responsible for
the operation of the company.__The president must be qualified
by education and experience to manage an organization with
financial and operational obligations to its policyholders and
claimants.

 
2.__Term.__The president serves at the will of the board.

 
3.__Compensation.__The president is entitled to compensation
as established by the board and is subject to any reasonable
requirements, including bonding, established by the board.

 
4.__Board member.__The president is a member of the board
but may not be the chair of the board.

 
5.__Duties.__The board, as part of its plan of operation,
shall designate the powers and duties of the president.__The
president may, with direction from the board, assist in the
development of the plan of operation and other start-up
functions.

 
§2386. Nonstate agency

 
The company is not considered a state agency or
instrumentality of the State for any purpose.__The State may
not borrow or otherwise appropriate funds from the company.


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