Sec. 841.417. GUARANTY REQUIREMENTS. (a) A guaranty may not be used to comply with this chapter without the prior written approval of the commissioner.
(b) Before approving a guaranty, the commissioner must find that:
(1) the guarantor has capital and surplus of $100 million, exclusive of investments in subsidiaries and affiliates;
(2) the guarantor has admitted assets backing capital and surplus in an amount sufficient to fulfill the guaranty, and the sufficiency on an ongoing basis is demonstrated to the satisfaction of the commissioner;
(3) the guarantor and all affiliates are in good standing with the department;
(4) the guarantor has provided all information requested by the commissioner; and
(5) the guarantor is otherwise acceptable to the commissioner.
(c) Notwithstanding Subsection (b), the commissioner may allow, subject to the commissioner's prior approval, an affiliated company of the holding company to serve as guarantor. The commissioner may approve an affiliated company as a guarantor on a finding that the affiliated company possesses the independent financial means to discharge the guaranty using the affiliated company's own financial resources.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1173 (H.B. 3161), Sec. 1, eff. June 17, 2011.
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 I. Limited Purpose Subsidiary Life Insurance Companies
Section 841.403. Organizational Documents
Section 841.404. Certificate of Authority Required
Section 841.405. Application for Certificate of Authority
Section 841.406. Investment of Certain Surplus by Organizing Company
Section 841.407. Officers and Directors
Section 841.408. Issuance of Certificate of Authority
Section 841.409. Scope of Certificate of Authority
Section 841.410. Capital and Surplus
Section 841.411. Foreclosure on Collateral
Section 841.413. Permitted Reinsurance
Section 841.414. Reports on Reserves and Risk-Based Capital
Section 841.415. Other Laws Not Applicable
Section 841.416. Applicability of Other Law
Section 841.417. Guaranty Requirements
Section 841.418. Sunset Provision