1. A participating financial institution which withdraws from the program may not recover any set-aside contributions which have been made to a loss reserve account. If a program loan loss reserve account continuously exceeds the outstanding balance of the institution’s enrolled loans for twenty-four consecutive months, the department may withdraw such excess to reduce the program loss reserve account to an amount equal to one hundred percent of such outstanding balance. Any funds withdrawn pursuant to this subsection shall be placed in the Missouri capital access program fund.

2. The division of finance of the department of commerce and insurance is authorized to examine all program loss reserve accounts maintained by financial institutions. No financial institution may participate in the program unless such financial institution agrees to allow the division of finance to conduct such examinations.