Cal. Code Regs. tit. 10 § 2605.03

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 2605.03 - Special Provisions for Certain Nonorganizational Permits
A. Already organized and licensed applicants, domestic or foreign, whose operations and management have not consistently proven financially successful will be required to substantiate their applications with such of the items listed in paragraphs (Omit D. and F. for noninsuring "insurers.") B., C., D., D., E., F., G., and H. of Section 2605.01 above as are appropriate and necessary to induce the findings needed pursuant to Insurance Code Section 839. Such applicants are commonly requested to furnish the following additional verified information in their applications:
1. When applicant was last examined by its own state regulator authority or by N.A.I.C. Zone Examiners.
2. Whether applicant is presently engaged in a controversy with any state or federal regulatory agency. (Application for admission is not deemed a "controversy.")
3. Whether applicant has within five (5) calendar years last preceding the filing of the instant application been:
(a) denied a certificate of authority or a license to transact insurance or has withdrawn an application therefor in any jurisdiction;
(b) denied authorization to sell its securities; or
(c) ordered to cease and desist from selling its securities in any jurisdiction. If the answer to any of the questions in this paragraph is affirmative, state the circumstances.
4. A list of pending lawsuits including those arising under its policies of insurance (other than liability, surety, workmen's compensation policies and subrogation suits) against the applicant, together with an estimate of the probable outcome and liability under each. (Sections 839, 843)
B. Applications by licensed but relatively new companies for permits to sell securities for the purpose of raising supplemental capital or surplus to meet statutory requirements, or additional funds to finance current or future expenses, ordinarily need to devote special attention to the selling price of shares, condition of applicant's business and affairs, and results shown by the expenditure of surplus to date. The Commissioner has the power to review price. (Sections 839, 840)

Cal. Code Regs. Tit. 10, § 2605.03