Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) An
Applicant seeking approval of a name shall submit a written application containing
the information set forth below, together with any other information that is
reasonably required by the Commissioner under the circumstances. An Applicant may
use the Commissioner's Form N-1 for this purpose.
(1) The name for which approval is sought and up
to two alternative names, if desired, in order of preference;
(2) The Applicant's state of domicile;
(3) The Applicant's Federal Employer
Identification Number;
(4) The
Applicant's National Association of Insurance Commissioners number and, if
applicable, group number and group name;
(5) An organizational chart identifying all
Affiliates, including parent companies and subsidiaries. If the Applicant has not
yet been formed, the organizational chart must specify the proposed position of the
Applicant on the organizational chart upon completion of the Applicant's
formation;
(6) In the case of an
Applicant that is not affiliated with any other company or person, the names of the
owners or proposed owners of the Applicant;
(7) If the Applicant is an underwritten title
company, the counties in which business is or will be transacted and the title
insurers that will underwrite the policies offered by Applicant;
(8) The classes of insurance as specified in
Insurance Code §
100 and the
classes of insurance or contracts as defined in Insurance Code Sections
101 through
124.5 and
Section 12100 that the Applicant transacts or proposes to transact in California,
including statutorily authorized specialty lines, such as: variable life insurance,
variable annuities, modified guaranteed annuities, and universal life
insurance;
(9) A list identifying every
application or filing pending with the Commissioner by or pertaining to the
Applicant, or by or pertaining to any Affiliate, regarding transaction of its
business, or transaction of any Affiliate's business, in California. The foregoing
includes, but is not limited to, an application for a certificate of authority, an
amended certificate of authority, a securities permit, an application or filing
required by Insurance Code Section
1011(c),
and an application pursuant to Insurance Code Sections
1215
et
seq. Applications pertaining to dividends, property and casualty rates, and
form filings are not required to be listed;
(10) In the case of a foreign or alien insurer or
other entity that will be required to use an operating name in California, a
certified copy of a resolution by its board of directors (or if its form of business
organization does not have a board of directors, its governing body) authorizing the
use of the fictitious business name or operating name in
California.
(b) An Applicant
seeking approval of a name change shall submit the following information in addition
to the information specified in Subdivision (a):
(1) the reason for the proposed name change
(including but not limited to marketing reasons, acquisition, merger or
reorganization of the Applicant);
(2) if
the requirements of subdivision (q) of Section
2303.15 apply to the Applicant, then
the Applicant shall submit a written commitment as set forth in subdivision (r) of
Section 2303.15 that it shall comply with
subdivision (q) of Section
2303.15. The written commitment does
not have to be in the form of a board resolution.
(c) An Applicant whose primary business is, or
will be, reinsurance and whose proposed name includes the words "reinsurer" or
"reinsurance" shall submit a written commitment as set forth in subdivision (q) of
Section 2303.15 (the written commitment does
not have to be in the form of a board resolution), that (1) transacting reinsurance
will be its primary business in California, and (2) at such time as it intends that
its primary business in California will be transacting direct insurance (not
reinsurance), it will submit an application to the Commissioner seeking approval of
a name change that deletes the words "reinsurer" or "reinsurance," as the case may
be, and which otherwise complies with these regulations.
1. New section
filed 10-11-2010; operative 11-10-2010 (Register 2010, No.
42).
Note: Authority cited: Sections
700,
720 and
790.10,
Insurance Code; CalFarm Ins. Co. v. Deukmejian, (1989) 48 Cal.3d 805; and 20th
Century Ins. Co. v. Garamendi, (1994) 8 Cal. 4th 216. Reference: Sections
742.42,
790.02,
790.03,
880,
881,
881.1,
881.2,
881.5,
882,
882.5,
883,
10970,
12162,
12389 and
12743, Insurance
Code.
