Sec. 822.207. REPURCHASE OF CAPITAL STOCK ON OPEN MARKET. (a) On prior approval of the commissioner, an insurance company, the capital stock of which is listed on a national securities exchange, may purchase from time to time outstanding shares of the company's capital stock on the open market. The shares must be purchased:
(1) in the name of the company for its own account; and
(2) in accordance with the Texas Business Corporation Act.
(b) The application for approval under Subsection (a) must:
(1) state the maximum number of shares to be purchased;
(2) state the maximum period, not to exceed 180 days, during which the purchase will be made;
(3) describe the shares;
(4) contain a commitment that the company will not pay a price for the shares to be purchased that is greater than an amount equal to the average of the bid price and the asked price at the time of the purchase plus a standard broker's commission;
(5) contain any pertinent information relating to the value of the shares, including the book value of the shares; and
(6) demonstrate that the shares will be purchased using uncommitted earned surplus.
(c) The commissioner shall approve the application promptly if the application complies with the requirements of this section and the Texas Business Corporation Act.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
Structure Texas Statutes
Title 6 - Organization of Insurers and Related Entities
Subtitle B - Organization of Regulated Entities
Subchapter E. Capital, Surplus, and Guaranty Fund Requirements
Section 822.201. Applicability of Capital and Surplus Requirements
Section 822.202. Full Coverage Automobile Insurance; Determination of Amounts
Section 822.203. Capital Required Generally
Section 822.204. Form of Capital and Surplus
Section 822.205. Unencumbered Surplus or Guaranty Fund Requirements for Certain Insurance Companies
Section 822.206. Repurchase of Capital Stock by Tender Offer or Private Transaction
Section 822.207. Repurchase of Capital Stock on Open Market
Section 822.208. Application for Repurchase of Company's Shares Subject to Other Law
Section 822.209. Reinvestment of Capital Stock
Section 822.210. Commissioner May Require Larger Capital and Surplus Amounts
Section 822.211. Action of Commissioner When Capital or Surplus Requirements Not Satisfied