California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 3 - Insurers
Article 9.5 - Workers' Compensation Insurance Deposits
Section 2509.9 - Preferred Stock
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The following preferred stock is acceptable for workers' compensation deposits subject to the requirements set forth in this Article and the following conditions:
(a) the stock must be registered and traded on a national securities exchange as provided in the Securities Exchange Act of 1934, as amended; and
(b) within the last ten (10) years there must not have been arrears of dividend payments on such preferred stock; and
(c) the issuing corporation shall have paid dividends on its common stock in each of the last five (5) years of operation; and
(d) the issuing corporation shall have a net worth of at least one hundred million dollars ($100,000,000); and
(e) the issuing corporation shall not have incurred a net loss in any more than one (1) of the last five (5) years of operation; and
(f) the issuing corporation shall not have been in default on any of its indebtedness or any of its sinking fund requirements; and
(g) except in the case of sinking fund preferred stock, the preferred stock must have a rating of at least "a3" by Moody's Investors Service, Inc. or "A-" by either Standard & Poor's or Fitch Ratings; and
(h) sinking fund preferred stock must have a rating of at least "baa3" by Moody's Investors Service, Inc., "BBB-" by Standard & Poor's or Fitch Ratings.
1. Change without regulatory effect amending subsections (g)-(h) and NOTE filed 4-28-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 18).
Note: Authority cited: Section 11691, Insurance Code. Reference: Section 11691, Insurance Code.