Current through Reg. 50, No. 13; March 28, 2025
(a)
Filing of Application. An applicant who seeks a certificate of authority under
the Insurance Code Chapter 4151 must file an application with the department,
accompanied by the non-refundable fee of $1,000. The applicant must verify the
application by attesting to the truth and accuracy of the information in the
application.
(b) Forms and Fee.
(1) The commissioner adopts by reference the
following forms, which comprise the application for a certificate of authority
under the Insurance Code Chapter 4151, and which are available at
http://www.tdi.state.tx.us/forms/form5tpa.html:
(A) Form Number FIN 489, Application for a
Certificate of Authority;
(B) Form
Number FIN 306, Officers and Directors Form;
(C) Form Number LHL 081, Biographical
Affidavit; and
(D) Form Number LHL
082, Service of Process Form.
(2) As authorized by the Insurance Code
§
4151.206(a)(1),
the commissioner adopts a filing fee of $1,000 to be paid by an applicant for
processing an original application for a certificate of authority for an
administrator. The fee is non-refundable.
(c) Registration of Name. An applicant must
register its official name with the department and the Office of the Secretary
of State, as applicable. If the commissioner determines that an applicant's
name is too similar to a name already registered with the department, the
applicant must register an alternative name with the department and the Office
of the Secretary of State, as applicable.
(d) Biographical Affidavit.
(1) Each executive officer or other
comparable responsible person of an applicant shall provide the department with
a completed Form Number LHL 081, Biographical Affidavit, as referenced in
subsection (b)(1)(C) of this section. A biographical affidavit is not required
if a biographical affidavit from the individual has been filed with the
department within the prior three years and contains substantially accurate
information. A biographical affidavit contains substantially accurate
information if the responses given by the individual in the affidavit on file
with the department continue to indicate sufficient experience, ability,
standing, and good record to make success of the applicant probable.
(2) Each person filing a biographical
affidavit under paragraph (1) of this subsection shall comply with the
requirements of Chapter 1, Subchapter D of this title (relating to Effect of
Criminal Conduct).
(e)
Other Information. Pursuant to the Insurance Code §
4151.052(a)(5),
the commissioner may require the submission of any other information the
commissioner reasonably requires in determining whether to approve or
disapprove an application for a certificate of authority.
