Tex. Ins. Code Section 823.203
Financial Information About Acquiring Person


(a)

A statement required under Section 823.154 (Requirements for Acquisition or Exercise of Control or Divestiture of Domestic Insurer) must contain:

(1)

fully audited financial information about the earnings and financial condition of the acquiring person for the preceding three fiscal years or, if the acquiring person and any predecessors of the acquiring person have been in existence for less than three fiscal years, for that shorter period; and

(2)

similar unaudited financial information about the earnings and financial condition of the acquiring person as of a date not earlier than the 120th day preceding the date the statement is filed.

(b)

The statement must be accompanied by an affidavit or certification of the chief financial officer of the acquiring person stating that:

(1)

the unaudited financial information provided under Subsection (a) is true and correct, as of its date; and

(2)

a material change in financial condition, as determined under Section 823.054 (Material Information), did not occur during the period beginning on the date of that information and ending on the date of the affidavit or certification.

(c)

If an acquiring person is an individual, the acquiring person shall provide the personal unaudited financial information required by the commissioner.

(d)

If an acquiring person is an insurer authorized to engage in the business of insurance in this state and actively engaging in the business of insurance, the acquiring person may provide financial statements that conform to the requirements of:

(1)

the annual statements of the insurer filed with the insurance department of the insurer’s state of domicile; and

(2)

insurance or other accounting principles prescribed by or authorized under the law and regulations of the state of domicile.

(e)

A statement required under Section 823.154 (Requirements for Acquisition or Exercise of Control or Divestiture of Domestic Insurer) must contain additional financial information in the form or substance required by the commissioner that is material to a finding under Section 823.157 (Approval of Acquisition, Change, or Divestiture of Control)(3).

(f)

The commissioner may waive any financial information required under this section that the commissioner does not consider to be material.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.

Source: Section 823.203 — Financial Information About Acquiring Person, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­823.­htm#823.­203 (accessed Apr. 20, 2024).

823.001
Findings and Purpose
823.002
Definitions
823.003
Classification as Affiliate or Subsidiary
823.004
Classification as Commercially Domiciled Insurer
823.005
Description of Control
823.006
Description of Insurance Holding Company System
823.007
Description of Voting Security
823.008
Standard for Determining Surplus Reasonableness and Adequacy
823.009
Situs of Securities of Domestic Insurer
823.010
Disclaimer of Affiliation
823.011
Confidentiality of Information
823.012
Rules
823.013
Mandamus
823.014
Applicability of Chapter to Foreign or Alien Insurer
823.015
Exemption from Chapter
823.051
Registration by Insurer Required
823.052
Required Information
823.053
Reporting Material Changes
823.054
Material Information
823.055
Annual Registration Statement
823.056
Termination of Registration
823.057
Consolidated Filing
823.058
Alternative Registration
823.059
Exemptions
823.060
Violation of Subchapter
823.101
Standards for Transaction Within an Insurance Holding Company System
823.103
Notice of and Commissioner’s Decision on Specified Transactions
823.104
Prohibition of Action to Avoid Application of Subchapter
823.105
Type of Authority Provided
823.106
Standards of Review
823.107
Extraordinary Dividends or Distributions
823.0145
Supervisory Colleges
823.0147
Group-wide Supervision of Internationally Active Insurance Groups
823.151
Presumption of Control
823.152
Employment of Experts
823.153
Controller of Domestic Insurer Considered Domestic Insurer
823.154
Requirements for Acquisition or Exercise of Control or Divestiture of Domestic Insurer
823.155
Amendment of Statement
823.156
Notice Expenses
823.157
Approval of Acquisition, Change, or Divestiture of Control
823.159
Hearing
823.160
Deadline for Completion of Acquisition
823.161
Insurer’s Duty to Notify
823.162
Prohibition on Certain Actions Related to Acquisition of Control or Merger
823.163
Retention of Control
823.164
Exemptions from Subchapter
823.165
Violation of Subchapter
823.201
Acquiring Person
823.202
Consideration for Acquisition
823.203
Financial Information About Acquiring Person
823.204
Plan for Future of Insurer
823.205
Voting Securities
823.206
Additional Information About Acquiring Organization
823.207
Oath or Affirmation Required
823.251
Definition
823.252
General Authority Relating to Affiliates
823.253
General Standard for Investment in Affiliate
823.254
Standard for Investment in Affiliate by Insurer with Low Total Liabilities
823.255
Agreement of Affiliate to Limit Certain Investments
823.256
Commissioner’s Approval of Investment
823.257
Determination Required Before Investment
823.258
Disposition of Investment in Subsidiary After Cessation of Control
823.259
Exemption from Certain Limitations
823.301
Scope of Subchapter
823.302
Bases for Determining Valuation
823.303
Adjustment to Determination
823.304
Use of Different Bases
823.305
Valuating Acquired Affiliate
823.306
Use of Unaudited Information
823.307
Modification by Commissioner
823.351
Examination of Insurer
823.352
Limitation on Power
823.353
Payment of Examination Costs
823.354
Use of Advisors
823.355
Cumulative Authority
823.401
Prohibition of Indirect Action for Controlled Insurer
823.402
Prohibition on Voting Certain Securities
823.403
Management of Controlled Insurer
823.451
Receivership
823.452
Revocation, Suspension, or Nonrenewal of Insurer’s Authority
823.453
Voiding Unauthorized Action
823.454
Administrative Penalty
823.455
Equitable Relief
823.456
Seizure or Sequestration of Voting Securities
823.457
Long Arm Jurisdiction
823.458
Sanctions
823.501
Offense of Violating Chapter
823.502
Offense of Subscribing to or Making False Statement
823.503
Beginning Criminal Proceedings
823.0595
Enterprise Risk Report
823.0596
Liquidity Stress Test

Accessed:
Apr. 20, 2024

§ 823.203’s source at texas​.gov