Sec. 884.205. IMPAIRMENT OF CAPITAL STOCK. (a) If, when computing the liabilities of a stipulated premium company under this chapter, one-third or more of the company's capital stock becomes impaired, the company shall correct the impairment not later than the 60th day after the date the company becomes subject to this subsection by:
(1) reducing the company's capital stock;
(2) adjusting the premium rate if permitted by policy contract; or
(3) both reducing capital stock and adjusting the premium rate.
(b) If, when computing a stipulated premium company's reserve liability under this chapter, 50 percent or more of the company's capital stock becomes impaired, the commissioner may apply to a court for the appointment of a receiver to wind up the affairs of the company.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1309 (H.B. 2570), Sec. 3, eff. September 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 E. Capital and Surplus
Section 884.201. Form of Capital and Surplus
Section 884.202. Increase or Decrease of Capital Stock
Section 884.203. Public Offering of Capital Stock
Section 884.204. Company's Repurchase of Stock
Section 884.205. Impairment of Capital Stock
Section 884.206. Commissioner May Require Larger Capital and Surplus Amounts
Section 884.207. New Business Prohibited When Capital Requirements Not Satisfied