Sec. 884.059. ACTION ON APPLICATION. (a) In considering the application, the commissioner, not later than the 30th day after the date on which a hearing under Section 884.058 is completed, shall determine if:
(1) the minimum capital and surplus required by Section 884.054 are the bona fide property of the stipulated premium company;
(2) the proposed officers, directors, and managing executives of the company have sufficient insurance experience, ability, and standing to make success of the proposed company probable; and
(3) the applicants are acting in good faith.
(b) If the commissioner determines by an affirmative finding any of the issues under Subsection (a) adversely to the applicants, the commissioner shall reject the application in writing, giving the reason for the rejection. An application may not be granted unless it is adequately supported by competent evidence.
(c) If the commissioner does not reject the application under Subsection (b), the commissioner shall approve the application and on receipt of a fee in the amount determined under Chapter 202 shall provide to the incorporators a certified copy of the application, articles of incorporation, and submitted affidavit.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2E.078, eff. April 1, 2009.
Structure Texas Statutes
Title 6 - Organization of Insurers and Related Entities
Subtitle E - Mutual and Fraternal Companies and Related Entities
Chapter 884 - Stipulated Premium Insurance Companies
Subchapter B. Formation and Structure of Stipulated Premium Insurance Company
Section 884.051. Formation of Company
Section 884.052. Articles of Incorporation
Section 884.053. Company's Name
Section 884.054. Capital Stock and Surplus Requirements
Section 884.055. Shares of Stock
Section 884.056. Application for Charter
Section 884.057. Action by Commissioner and Department After Filing
Section 884.058. Examination After Determination
Section 884.059. Action on Application