Sec. 823.154. REQUIREMENTS FOR ACQUISITION OR EXERCISE OF CONTROL OR DIVESTITURE OF DOMESTIC INSURER. (a) Before a person who directly or indirectly controls, or after the acquisition would directly or indirectly control, a domestic insurer may in any manner acquire a voting security of a domestic insurer or before a person may otherwise acquire control of a domestic insurer or exercise any control over a domestic insurer, or before a person may initiate a divestiture of control of a domestic insurer:
(1) the acquiring person shall file with the commissioner a statement that satisfies the requirements of Subchapter E;
(2) the acquisition or divestiture of control must be approved by the commissioner in accordance with this subchapter; and
(3) if the person is initiating a divestiture of control, the divesting person shall file with the commissioner a notice of divestiture on a form adopted by the National Association of Insurance Commissioners or adopted by the commissioner by rule.
(b) The acquiring person or divesting person shall send a copy of the statement filed under this section to the domestic insurer.
(c) A statement or notice filed under this section must be filed not later than the 60th day before the proposed effective date of the acquisition or change of control or divestiture and is subject to public inspection at the office of the commissioner.
(d) Notwithstanding Subsection (a), a divesting person is not required to provide the commissioner with notice of divestiture required by Subsection (a)(3) if an acquiring person submits the statement required by Subsection (a)(1) and that acquisition is approved by the commissioner.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.202(a), eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 922 (S.B. 1431), Sec. 12, eff. September 1, 2011.
Structure Texas Statutes
Title 6 - Organization of Insurers and Related Entities
Subtitle B - Organization of Regulated Entities
Chapter 823 - Insurance Holding Company Systems
Subchapter D. Control of Domestic Insurer; Acquisition or Merger
Section 823.151. Presumption of Control
Section 823.152. Employment of Experts
Section 823.153. Controller of Domestic Insurer Considered Domestic Insurer
Section 823.155. Amendment of Statement
Section 823.156. Notice Expenses
Section 823.157. Approval of Acquisition, Change, or Divestiture of Control
Section 823.159. Hearing; Time of Determination
Section 823.160. Deadline for Completion of Acquisition
Section 823.161. Insurer's Duty to Notify
Section 823.162. Prohibition on Certain Actions Related to Acquisition of Control or Merger
Section 823.163. Retention of Control