Tex. Ins. Code Section 841.405
Application for Certificate of Authority


To obtain a charter for a limited purpose subsidiary life insurance company, the incorporators of the company shall pay to the department a charter fee in an amount determined under Chapter 202 (Fees) and file with the department:

(1)

an application for charter on the form prescribed by, and containing the information prescribed by, the commissioner;

(2)

the company’s articles of incorporation;

(3)

an affidavit made by the company’s president, vice president, treasurer, or chief financial officer stating that:

(A)

the minimum capital and surplus requirements of this subchapter are satisfied;

(B)

the capital and surplus are the bona fide property of the company;

(C)

the information in the articles of incorporation is true and correct;

(D)

the proposed organization and operation of the limited purpose subsidiary life insurance company comply with all applicable provisions of this subchapter;

(E)

the limited purpose subsidiary life insurance company’s investment policy reflects and takes into account the liquidity of assets and the reasonable preservation, administration, and management of those assets with respect to the risks associated with the reinsurance contract; and

(F)

any reinsurance contract and any arrangement for securing the limited purpose subsidiary life insurance company’s obligations under the reinsurance contract, including any agreements or other documentation to implement the arrangement;

(4)

a business plan that includes pro forma financial statement projections that demonstrate how the limited purpose subsidiary life insurance company will comply with Section 841.412 (Minimum Authorized Investment Requirement After Credit for Reinsurance; Letters of Credit; Guaranties);

(5)

a copy of any proposed guaranty that demonstrates how compliance with Sections 841.412 (Minimum Authorized Investment Requirement After Credit for Reinsurance; Letters of Credit; Guaranties) and 841.417 (Guaranty Requirements) will be achieved;

(6)

an opinion of a qualified independent actuary acceptable to the commissioner that the methodology and assumptions used to set and discount reserves make good and sufficient provision for the risk assumed by the limited purpose subsidiary life insurance company, including significant stress tests on key assumptions; and

(7)

any other statement or document required by the commissioner to evaluate the limited purpose subsidiary life insurance company’s application for a certificate of authority.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1173 (H.B. 3161), Sec. 1, eff. June 17, 2011.

Source: Section 841.405 — Application for Certificate of Authority, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­841.­htm#841.­405 (accessed May 18, 2024).

841.001
Definitions
841.002
Applicability of Chapter and Other Law
841.003
Applicability of Law Governing Corporations
841.004
Net Assets Defined
841.051
Formation of Company
841.052
Articles of Incorporation
841.053
Company Name
841.054
Capital Stock and Surplus Requirements
841.055
Shares of Stock
841.056
Requirements for Shares of Stock with Par Value
841.057
Requirements for Shares of Stock Without Par Value
841.058
Application for Charter
841.059
Action by Commissioner and Department After Filing
841.061
Action on Application
841.062
Beginning of Corporate Existence
841.063
Organization Meeting
841.101
Certificate of Authority Required
841.102
Schedule of Assets
841.103
Issuance of Certificate of Authority
841.104
Tax Payment Required for Issuance of Certain Certificates of Authority
841.151
Conducting Shareholders’ Meeting
841.152
Board of Directors
841.153
Election of Directors
841.154
Staggered Terms for Directors
841.155
Officers
841.156
Amendment of Charter or Articles
841.201
Form of Required Capital and Surplus
841.202
Authorized Shares
841.203
Company’s Repurchase of Stock
841.204
Exemption from Required Increase of Capital and Surplus
841.205
Commissioner May Require Larger Capital and Surplus Amounts
841.206
Impairment of Capital and Surplus
841.207
Actions of Commissioner When Capital and Surplus Requirements Not Satisfied
841.251
Evidence of Expenditures
841.252
Payments to Officers, Directors, and Employees
841.253
Life Insurance Company’s Payment of Dividends
841.254
Transfer of Stock
841.255
Annual Statement
841.256
Business in Separate Departments of Domestic Insurance Company
841.257
Kinds of Business Limited
841.258
Agents for Company that Ceases Writing New Business
841.259
Activities of Directors and Officers
841.260
Prohibited Commissions
841.261
Causes of Action
841.301
Limits on Amount of Accident and Health Insurance Policies
841.302
Limits on Life or Accidental Death Insurance
841.303
Entire Contract
841.351
Deposit with Comptroller
841.352
Issuance of Receipt for Deposit
841.353
Advertisement of Deposit
841.354
Access to Deposit
841.355
Withdrawal of Deposit After Merger, Consolidation, or Total Reinsurance
841.356
Situs of Deposit for Tax Purposes
841.357
Maintenance of Deposit
841.401
Purpose
841.402
Definitions
841.403
Organizational Documents
841.404
Certificate of Authority Required
841.405
Application for Certificate of Authority
841.406
Investment of Certain Surplus by Organizing Company
841.407
Officers and Directors
841.408
Issuance of Certificate of Authority
841.409
Scope of Certificate of Authority
841.410
Capital and Surplus
841.411
Foreclosure on Collateral
841.412
Minimum Authorized Investment Requirement After Credit for Reinsurance
841.413
Permitted Reinsurance
841.414
Reports on Reserves and Risk-based Capital
841.415
Other Laws Not Applicable
841.416
Applicability of Other Law
841.417
Guaranty Requirements
841.418
Sunset Provision
841.419
Certification of Actuarial Officer
841.420
Accounting and Financial Reporting
841.701
Revocation of Certificate of Authority
841.702
Appeal of Determination to Revoke Certificate
841.703
Certificate of Authority Void on Failure to Satisfy Judgment
841.704
False Statement, Report, or Other Document
841.705
Penalty for Failure to Invest or Report

Accessed:
May 18, 2024

§ 841.405’s source at texas​.gov