Sec. 841.206. IMPAIRMENT OF CAPITAL AND SURPLUS. (a) An insurance company incorporated or authorized to do the lines of business authorized in this chapter may not have:
(1) the company's required capital impaired;
(2) more than 90 percent of the company's required minimum surplus impaired; or
(3) the surplus required under Section 841.205 impaired.
(b) If the commissioner determines that an insurance company's capital or surplus is impaired in violation of this section, the commissioner shall:
(1) order the company to immediately reduce the level of impairment to an acceptable level of impairment as specified by the commissioner or prohibit the company from engaging in the business of insurance in this state; and
(2) begin proceedings as necessary to determine any further actions with respect to the impairment.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.021, eff. September 1, 2005.
Structure Texas Statutes
Title 6 - Organization of Insurers and Related Entities
Subtitle C - Life, Health, and Accident Insurers and Related Entities
Chapter 841 - Life, Health, or Accident Insurance Companies
Subchapter E. Capital and Surplus
Section 841.201. Form of Required Capital and Surplus
Section 841.202. Authorized Shares
Section 841.203. Company's Repurchase of Stock
Section 841.204. Exemption From Required Increase of Capital and Surplus
Section 841.205. Commissioner May Require Larger Capital and Surplus Amounts
Section 841.206. Impairment of Capital and Surplus
Section 841.207. Actions of Commissioner When Capital and Surplus Requirements Not Satisfied