California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 3 - Insurers
Article 12.9 - Life Settlements
Section 2548.23 - Business Entity Application

Universal Citation: 10 CA Code of Regs 2548.23

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Any business entity acting as a life settlement broker in California pursuant to Insurance Code section 10113.2(b)(1) or 10113.2(b)(1)(D)(ii) shall submit to the California Insurance Commissioner an application for a license, by submitting the form referenced at Section 2548.24 herein. The Commissioner shall have the authority to require an applicant to fully disclose the identification of all stockholders who hold more than 10 percent of the shares of the company, as well as all partners, directors, members, officers, managers, controlling persons, or designated employees. The Commissioner may refuse to issue a license to the business entity if the Commissioner is not satisfied that any stockholder, partner, director, member, officer, manager, controlling person, or designated employee meets the standards of Insurance Code sections 10113.2(b)(1) and 10113.2(b)(2).

(b) Business entities shall submit to the Commissioner the form referenced at section 2548.25 ("Business Entity Endorsement") that permits individually licensed life settlement brokers to exercise the brokerage powers of the business entity. Upon the termination of employment of any life settlement broker, business entities shall submit to the Commissioner a notice that terminates these individuals' authority to exercise the brokerage powers of the business entity on the form referenced at section 2548.26 herein ("Business Entity Endorsement Termination").

1. New section filed 7-29-2010 as an emergency; operative 7-29-2010. Emergency regulation shall remain in effect, not to be repealed by the Office of Administrative Law, unless repealed by the Department of Insurance pursuant to Insurance Code section 10113.35 (Register 2010, No. 31).
2. Change without regulatory effect amending NOTE filed 1-24-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 4).
3. Renumbering of former section 2548.23 to section 2548.24 and renumbering and amendment of former section 2548.22 to new section 2548.23 filed 11-25-2014; operative 1-1-2015 (Register 2014, No. 48).

Note: Authority cited: Section 10113.35, Insurance Code; CalFarm Ins. Co. v. Deukmejian, 48 Cal.3d 805 (1989); 20th Century Ins. Co. v. Garamendi, 8 Cal. 4th 216 (1994). Reference: Sections 10113.1 and 10113.2, Insurance Code.

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