Current through Register 2024 Notice Reg. No. 38, September 20, 2024
A. In the case of those insurers who have any four
of the following five qualifications, their applications may be simplified to the
extent hereinafter permitted. Insofar as in the Commissioner's discretion may prove
feasible, permits issued to such insurers will be abbreviated or simplified. The
qualifications for such an insurer are that:
1. It
(or a predecessor by merger, consolidation, sale and purchase, transformation or
other reorganization, provided that at least 50% of the gross business in force and
at least 50% of the management -counting the total number of officers and directors
-of applicant are in such case each comprised in excess of 50% of the business and
management of the merged, purchased, transformed or reorganized predecessor) has
been continuously engaged in the insurance business for not less than 40
years.
2. It is, according to its latest
annual statement on file with the Commissioner, admitted to do business in not less
than 40 states of the United States of America.
3. It has, according to its latest annual
statement on file with the Commissioner, a surplus as regards policyholders of not
less than $50,000,000.
4. As part of the
same transaction for which a permit is sought from the Commissioner, it has on file
a current Registration Statement with the Securities and Exchange Commission for a
public offering of securities; and applicant has made a registration of its shares
effective with the Securities and Exchange Commission for such purpose on at least
two prior occasions within the ten calendar years last preceding the current
application to the Commissioner.
5.
Trading in and market prices of its stock are regularly listed in at least one
newspaper with nationwide circulation.
B. The application of any insurer described in
paragraph A, above, may be abbreviated to the following extent:
1. It shall be subject to and comply with Sections
2603.01 through
2603.11, and
2603.16 through
2603.21 of Article 3, ante.
2. In addition, it shall allege: class or kind,
par value (or face value), and number or amount of its securities applicant proposed
to offer and sell to or exchange with California residents; the price per share and
the expected gross California proceeds of such sale or other gross consideration
expected therefor.
3. It shall refer to
and incorporate the following exhibits which shall be attached to the application:
(a) a voided specimen of the certificate or paper
representing each class or kind of security proposed to be issued;
(b) a copy of its Registration Statement to become
currently effective; and
(c) the written
communications, solicitations, or advertising sought to be
approved.
4. If applicant is a
foreign corporation, admitted or nonadmitted, it must file the certificate required
by Insurance Code Section
837(a).
See Sec. 2603.12, paragraph L., ante. If it is a
foreign nonadmitted corporation, it must also comply with paragraph M. of Section
2603.12, ante.
5. The application shall be verified positively; a
"verification" solely on information and belief is not acceptable. Section
2603.10, ante, contains forms of
verification, q.v.
6. The application
and all exhibits required to be filed (or incorporated by reference) shall be filed
in duplicate by applicants filing in Los Angeles and in singular copy by applicants
filing in Oakland.
1. Change without
regulatory effect amending paragraph B.6. filed 8-27-2020 pursuant to section
100, title 1, California Code of
Regulations (Register 2020, No. 35).