§ 7706. Creation of the corporation. (a) There is created a
not-for-profit corporation to be known as "The Life Insurance Company
Guaranty Corporation of New York". To the extent that the provisions of
the not-for-profit corporation law do not conflict with the provisions
of this article or the plan of operation of the corporation hereunder
the not-for-profit corporation law shall apply to the corporation and
the corporation shall be a type C corporation pursuant to the
not-for-profit corporation law. If an applicable provision of this
article or the plan of operation of the corporation hereunder relates to
a matter embraced in a provision of the not-for-profit corporation law
but is not in conflict therewith, both provisions shall apply. All
member insurers shall be and remain members of the corporation as a
condition of their authority to transact insurance in this state. The
corporation shall perform its functions under the plan of operation
established and approved under section seven thousand seven hundred ten
of this article and shall exercise its powers through a board of
directors established under section seven thousand seven hundred seven
of this article. For purposes of administration and assessment the
corporation shall maintain two accounts:
(1) the health insurance account; and
(2) the life insurance, annuity and funding agreement account.
(b) The corporation shall come under the immediate supervision of the
superintendent and shall be subject to the applicable provisions of this
article.