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Statutes > Texas > Insurance-code > Title-6-organization-of-insurers-and-related-entities > Chapter-941-lloyd-s-plan

INSURANCE CODE

TITLE 6. ORGANIZATION OF INSURERS AND RELATED ENTITIES

SUBTITLE G. LLOYD’S PLAN AND RECIPROCAL AND INTERINSURANCE

EXCHANGES

CHAPTER 941. LLOYD’S PLAN

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 941.001. DEFINITIONS. In this chapter:

(1) “Affiliate” has the meaning described by Section 823.003.

(2) “Attorney in fact” means an attorney in fact authorized

under a power of attorney to act for the underwriters of a

Lloyd’s plan.

(3) “Lloyd’s plan” means an entity engaged in the business of

writing insurance on the Lloyd’s plan.

(4) “Underwriter” means an individual, partnership, or

association of individuals that writes insurance on the Lloyd’s

plan.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.002. LLOYD’S PLAN INSURANCE AUTHORIZED; LIFE INSURANCE

PROHIBITED. (a) Except as provided by Subsection (b), a Lloyd’s

plan may write any kind of insurance that may be lawfully written

in this state, including:

(1) fire insurance, including tornado, hail, crop, and floater

insurance;

(2) automobile insurance, including fire, theft, transportation,

property damage, collision liability, and tornado insurance;

(3) liability insurance;

(4) marine insurance;

(5) accident and health insurance;

(6) burglary insurance;

(7) plate glass insurance; and

(8) fidelity and surety bonds insurance.

(b) A Lloyd’s plan may not write life insurance.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.003. LIMITED EXEMPTION FROM INSURANCE LAWS; APPLICATION

OF CERTAIN LAWS. (a) A Lloyd’s plan is exempt from the

operation of all insurance laws of this state except as

specifically provided in this chapter or unless it is

specifically provided in the other law that the law is

applicable.

(b) A Lloyd’s plan is subject to:

(1) Subchapter A, Chapter 5, Chapter 254, Subchapters A and B,

Chapter 1806, and Subtitle C, Title 10;

(2) Articles 5.35, 5.39, and 5.40;

(3) Article 5.13-2, as provided by that article, Chapter 2251, as

provided by that chapter, and Chapter 2301, as provided by that

chapter;

(4) Chapters 251, 252, 402, 541, and 2253;

(5) Subchapter A, Chapter 401;

(6) Subchapter B, Chapter 404;

(7) Subchapter C, Chapter 1806; and

(8) Sections 38.001, 501.159, 822.203, 822.205, 822.210,

822.212, 2002.005, 2002.051, and 2002.052.

(c) Chapter 2007 applies to rates for motor vehicle insurance

written by a Lloyd’s plan.

(d) Underwriters and their attorney in fact are subject to

Sections 822.051, 822.057, 822.058, 822.059, 822.060, and

822.201, except that:

(1) the articles of agreement executed by the underwriters are

instead of the articles of incorporation; and

(2) the aggregate of the guaranty fund and unencumbered surplus

of the Lloyd’s plan constitutes capital structure for purposes of

Section 822.060.

(e) A Lloyd’s plan is subject to Chapter 2210, as provided by

that chapter.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 206, Sec. 21.43(a),

(b), eff. June 11, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

631, Sec. 5, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1295, Sec. 2, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 2E.114, eff. April 1, 2009.

Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 3B.026, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 9.026, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 42, eff. June 19, 2009.

Sec. 941.004. WITHDRAWAL FROM THE BUSINESS OF INSURANCE. (a) A

Lloyd’s plan may withdraw from the business of insurance only if

the department determines that adequate provision has been made,

through reinsurance or other means, for:

(1) payment of all unadjusted losses of the Lloyd’s plan; and

(2) reinsurance of all outstanding risks in favor of residents

of this state or covering property located in this state.

(b) On compliance with the requirements of Subsection (a):

(1) any bond of the attorney in fact shall be released; and

(2) the department shall release to the underwriters any net

assets over which the department has joint control.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

SUBCHAPTER B. FORMATION AND STRUCTURE OF LLOYD’S PLAN

Sec. 941.051. FORMATION OF LLOYD’S PLAN. (a) To write

insurance on the Lloyd’s plan, underwriters must:

(1) execute articles of agreement expressing the intent to write

insurance; and

(2) comply with the requirements of this chapter.

(b) A Lloyd’s plan must have at least 10 underwriters.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.052. ATTORNEY IN FACT. (a) The attorney in fact may

execute insurance policies for the Lloyd’s plan.

(b) The principal office of the attorney in fact must be

maintained at the place designated by the underwriters in the

articles of agreement.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.053. DEPUTY OR SUBSTITUTE ATTORNEY IN FACT. An

appointed deputy attorney in fact or substitute attorney in fact

for an attorney in fact holding a certificate of authority under

this chapter and accepting powers of attorney from underwriters

is authorized by the certificate of authority to:

(1) issue or make a policy or contract of insurance; and

(2) perform any other act incident to issuing or making a policy

or contract of insurance.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.054. NAME OF LLOYD’S PLAN. The name under which a

Lloyd’s plan engages in business:

(1) must contain the word “Lloyd’s”; and

(2) may not be so similar to any name in use in this state as to

be likely to confuse or deceive.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

SUBCHAPTER C. AUTHORITY TO ENGAGE IN BUSINESS

Sec. 941.101. CERTIFICATE OF AUTHORITY REQUIRED. (a) An

attorney in fact may not write insurance in this state or for

residents of this state or covering property located in this

state unless the attorney in fact holds a certificate of

authority issued under this chapter.

(b) Except as otherwise provided by this chapter, an attorney in

fact must:

(1) be a resident of this state; and

(2) maintain the attorney in fact’s office in this state.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.102. APPLICATION FOR CERTIFICATE OF AUTHORITY. (a)

The attorney in fact shall file with the department a verified

application for a certificate of authority that states:

(1) the name of the attorney in fact;

(2) the name under which the Lloyd’s plan will engage in the

business of insurance;

(3) the names and addresses of the underwriters;

(4) the location of the principal office; and

(5) the kinds of insurance to be written.

(b) The application must be accompanied by:

(1) a copy of each form of policy or contract under which

insurance will be written;

(2) a copy of the form of the power of attorney under which the

attorney in fact will act for and bind the underwriters;

(3) a copy of the articles of agreement executed by the

underwriters and the attorney in fact;

(4) a financial statement showing in detail:

(A) assets held by the attorneys in fact, committee of

underwriters, trustees, or other officers of the Lloyd’s plan;

(B) liabilities incurred and outstanding; and

(C) income received and disbursements made by the attorney in

fact;

(5) an instrument executed by each underwriter authorizing the

attorney in fact to accept service of process for each

underwriter in any action on a policy or contract of insurance;

and

(6) an instrument from the attorney in fact that delegates to

the department the power of the attorney in fact to accept

service of process.

(c) On filing the application, the attorney in fact shall pay to

the department a fee of $10. A fee collected under this

subsection shall be deposited to the credit of the Texas

Department of Insurance operating account.

(d) Sections 201.001 and 201.002 apply to a fee collected under

Subsection (c).

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 2E.115, eff. April 1, 2009.

Sec. 941.103. ISSUANCE OF CERTIFICATE OF AUTHORITY. On

determination by the department that the underwriters and

attorney in fact have complied with the law, the department

shall, in accordance with Sections 801.001, 801.002,

801.051-801.055, 801.057, and 801.101, issue a certificate of

authority to the attorney in fact.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

SUBCHAPTER D. OPERATION, POWERS, AND DUTIES OF LLOYD’S PLAN

Sec. 941.151. LIABILITY OF UNDERWRITER. (a) Subject to

Subsection (c), an underwriter by contract with the persons

insured may limit the underwriter’s liability to the percentage

of the loss that equals the ratio of the underwriter’s

subscription paid in cash or securities allowed by this chapter

to the total guaranty fund contributed by all the underwriters.

(b) Subject to Subsection (c), an underwriter’s total liability

on all risks may be limited to the amount of the underwriter’s

subscription, as expressed in the underwriter’s power of attorney

and agreement with the attorney in fact.

(c) At least half of an underwriter’s subscription must be paid

or contributed to the guaranty fund in cash or admissible

securities.

(d) An underwriter is responsible solely for the underwriter’s

liability as provided by the insurance contract. An underwriter

is not liable as a partner.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.152. LIABILITY OF ADDITIONAL OR SUBSTITUTED

UNDERWRITER. An additional or substituted underwriter is liable

in the same manner and to the same extent as an original

subscriber to the articles of agreement and power of attorney on

file with the department.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.153. ACCRUAL OF PROFITS. The profits of a Lloyd’s plan

may accrue to an underwriter only on the basis of the

underwriter’s actual investment in cash or convertible

securities, without regard to any obligation or subscription of

the underwriter to pay additional cash or securities in the

future.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.154. ASSUMPTION OF RISK BY CERTAIN AFFILIATED INSURERS.

An insurer who is subject to Article 5.26 may not directly or

indirectly assume all or a substantial part of a risk covered by

a policy written by a Lloyd’s plan that is an affiliate of the

insurer if the risk is written at a rate less than the rate that

may be lawfully charged by:

(1) the insurer; or

(2) one of the insurer’s affiliates that is subject to Article

5.26.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.155. PROMOTION OF LLOYD’S PLAN. (a) An individual,

firm, or corporation may not be instrumental in organizing a

Lloyd’s plan if, in the organization of the Lloyd’s plan,

compensation is paid to the individual, firm, or corporation or

to a representative of the individual, firm, or corporation for

procuring underwriters or a guaranty fund for the Lloyd’s plan

unless the individual, firm, or corporation holds a permit issued

by the department that authorizes the charging of a commission in

connection with organizing the Lloyd’s plan.

(b) Not more than 10 percent of the total amount of an

underwriter’s subscription to a Lloyd’s plan may be paid to any

person as a commission for the sale of units of or an interest in

the Lloyd’s plan or for procuring underwriters for the Lloyd’s

plan.

(c) This section applies to the continued organization or

extension of a Lloyd’s plan, if a commission is to be paid in

connection with the organization or extension. With respect to a

continued organization or extension of a Lloyd’s plan, the

commissioner may not refuse the permit because of the

contemplated size or amount of the guaranty fund of the Lloyd’s

plan.

(d) After the permit has been granted, securities may not be

accepted as contributions to the guaranty fund unless the

securities have been approved in advance by the department as

complying with this chapter with respect to the investment of the

funds of a Lloyd’s plan.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.156. REINSURANCE PERMITTED. This chapter does not

prevent a domestic Lloyd’s plan from reinsuring:

(1) the Lloyd’s plan’s excess lines with a solvent foreign

Lloyd’s plan acceptable to the department that does not hold a

certificate of authority to engage in the business of insurance

in this state; or

(2) any business from a foreign Lloyd’s plan described by

Subdivision (1).

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

SUBCHAPTER E. FINANCIAL REQUIREMENTS

Sec. 941.201. REQUIRED NET ASSETS. The department may not issue

a certificate of authority to an attorney in fact unless the net

assets contributed to the attorney in fact, a committee of

underwriters, a trustee, or other officers as provided for in the

articles of agreement constitute a guaranty fund and surplus over

and above all of the Lloyd’s plan’s liabilities that is at least

equal to the minimum capital stock and surplus required of a

stock insurance company engaging in the same kinds of business.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.202. LIMITATION OF BUSINESS. (a) Except as provided

by Subsection (c), a Lloyd’s plan may not assume or write

insurance risks in this state, for residents of this state, or

covering property located in this state that produce an amount of

net premium income that exceeds 10 times the value of the net

assets of the underwriters.

(b) If the insurance risks written or assumed by a Lloyd’s plan

produce a net premium income that exceeds the limit specified by

Subsection (a), the Lloyd’s plan may not write or assume an

additional insurance risk until the net assets have been

increased to a level that brings the net premium income produced

by the additional insurance risk within that limit.

(c) The limit imposed by Subsection (a) does not apply to a

Lloyd’s plan if:

(1) the Lloyd’s plan’s net assets equal at least the amount of

money required of a stock insurance company engaged in the same

kind of business in this state; or

(2) the department determines that the Lloyd’s plan, through

reinsurance or other contracts with other responsible and solvent

insurers, has reduced the net lines at risk carried by the

Lloyd’s plan so that its operations are safe and its solvency is

not in danger.

(d) An attorney in fact for a Lloyd’s plan may not assume an

insurance risk that exceeds one-tenth of the sum of the amount of

the net assets of the underwriters as described in this

subchapter and the amount of the additional liability assumed by

the individual underwriters in the articles of agreement and in

policies or contracts of insurance, unless the excess insurance

risk is promptly reinsured.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.203. COMPUTATION OF RESERVE. A Lloyd’s plan shall

compute reserve liabilities for outstanding business and incurred

losses on the same basis required for a stock insurance company

engaged in the same kinds of business in this state.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.204. AUTHORIZED INVESTMENTS. (a) The minimum guaranty

fund and surplus required of a Lloyd’s plan under Sections

822.054, 822.202, 822.210, 822.211, and 941.201 must be:

(1) in cash; or

(2) invested as provided by:

(A) Section 822.204; or

(B) any other law governing the investment of the capital stock

and minimum surplus of a capital stock insurance company engaged

in the same kind of business.

(b) Funds of a Lloyd’s plan other than the minimum guaranty fund

and surplus described by Subsection (a) must, if invested, be

invested as provided by:

(1) the provisions of Subchapter B, Chapter 424, other than

Sections 424.052, 424.072, and 424.073; or

(2) any other law governing the investment of the funds of a

capital stock insurance company engaged in the same kind of

business.

(c) A Lloyd’s plan may purchase, hold, or convey real property

in accordance with Section 862.002.

(d) A Lloyd’s plan organized before August 10, 1943, and

engaging in business under a certificate of authority issued by

the former Board of Insurance Commissioners is not required to

comply with this section except as to securities acquired on or

after August 10, 1943, regardless of whether those securities

were substituted for securities held before that date or were

acquired from additional, successor, or substituted underwriters.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 2E.116, eff. April 1, 2009.

Sec. 941.205. JOINT CONTROL OF MINIMUM ASSETS. (a) To the

extent of the minimum required under this subchapter, the assets

of a Lloyd’s plan must be made subject to the joint control of

the attorney in fact and the department, in a manner satisfactory

to the department, so that the assets may not be withdrawn,

diverted, or spent without the approval of the department or for

a purpose not permitted under this chapter.

(b) The underwriters are entitled to the interest or income

accruing from property or securities placed under joint control

under Subsection (a) as the interest or income becomes payable.

(c) As an alternative to submitting assets to joint control

under Subsection (a), an attorney in fact for a Lloyd’s plan

engaged in business before August 20, 1929, may execute a bond in

the amount of $25,000 for the safekeeping of assets, to be

released only on approval of the department. The corporate surety

and the form of the bond must be approved by the department.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.206. HAZARDOUS FINANCIAL CONDITION, SUPERVISION,

CONSERVATORSHIP, AND LIQUIDATION; IMPAIRMENT OF SURPLUS. (a)

Subchapter A, Chapter 404, and Chapters 441 and 443 apply to a

Lloyd’s plan engaged in the business of insurance in this state.

(b) Subchapter B, Chapter 404, applies to a Lloyd’s plan.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 2E.117, eff. April 1, 2009.

SUBCHAPTER F. REGULATION OF LLOYD’S PLAN

Sec. 941.251. EXAMINATIONS. (a) The provisions of Sections

86.001, 86.002, 401.051, 401.052, 401.054-401.062, 401.151,

401.152, 401.155, and 401.156 that relate to the examination of

insurers apply to a Lloyd’s plan.

(b) The department may examine the books and affairs of an

attorney in fact for a Lloyd’s plan. The attorney in fact and

each deputy attorney in fact shall facilitate the examination and

furnish any information reasonably required by the department.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 2E.118, eff. April 1, 2009.

Sec. 941.252. ANNUAL REPORT. (a) An attorney in fact shall

annually file with the department a verified report on a form

prepared by the department of:

(1) the business conducted by the attorney in fact on behalf of

the Lloyd’s plan during the preceding year;

(2) the condition of the affairs of the Lloyd’s plan; and

(3) any other information required by the department.

(b) The report must cover all of the business conducted by the

attorney in fact on behalf of the Lloyd’s plan, without regard to

the place where the business was conducted.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

SUBCHAPTER G. FOREIGN LLOYD’S PLAN

Sec. 941.301. FOREIGN LLOYD’S PLAN; BOND OR MINIMUM NET ASSETS

REQUIRED. (a) Except as provided by Subsection (b), the

commissioner may not issue a certificate of authority to an

attorney in fact if:

(1) the underwriters are not residents of this state; or

(2) the underwriters maintain their principal office outside of

this state.

(b) The department may issue a certificate of authority to an

attorney in fact in circumstances described by Subsection (a) if

the underwriters, at their option:

(1) file a bond with the department that complies with Section

941.302; or

(2) maintain net assets in this state that:

(A) are subject to the joint control of the attorney in fact and

the commissioner; and

(B) meet the requirements of Subchapter E regarding the minimum

amount of net assets of a Lloyd’s plan.

(c) A deposit of securities made under Subsection (b)(2) is

considered to have been made on the same terms and conditions as

a bond executed in accordance with Section 941.302.

(d) If there is recovery on a deposit or bond made under this

section, the commissioner shall immediately demand that

additional security be provided to increase the amount of the

bonds to the minimum amount required by this section. The

additional bond must be posted not later than the 30th day after

the date the commissioner makes the demand. Successive recoveries

may be made on a bond made under this section until the principal

amount of the bond is exhausted.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.302. BOND OF FOREIGN LLOYD’S PLAN. (a) A bond filed

under Section 941.301 must:

(1) be executed by corporate sureties that:

(A) meet the requirements imposed by the department; and

(B) are authorized to engage in guaranty, fidelity, and surety

business in this state;

(2) be in a principal amount that equals the minimum amount of

net assets of a Lloyd’s plan under this subchapter;

(3) be payable to the department;

(4) be conditioned for the payment of all claims arising under

insurance policies or contracts:

(A) issued in this state;

(B) issued to residents of this state; or

(C) covering property located in this state; and

(5) be held by the department for the benefit of any person with

a valid claim arising under an insurance policy or contract

described by Subdivision (4).

(b) The bond must also provide that if a Lloyd’s plan with

outstanding insurance policies in favor of residents of this

state or covering property located in this state becomes

insolvent or ceases to engage in the business of insurance in

this state, the department, after 10 days’ notice to the attorney

in fact for the Lloyd’s plan or any receiver in charge of the

Lloyd’s plan’s property and affairs, may contract with another

insurer engaging in the business of insurance in this state for

the assumption of and reinsurance by that insurer of:

(1) all of the Lloyd’s plan’s insurance risks outstanding in

this state; and

(2) all unsatisfied lawful claims outstanding against the

Lloyd’s plan.

(c) If the department enters into a contract described by

Subsection (b) and the attorney general approves the contract as

reasonable, the assuming insurer is entitled to recover from the

makers of the bond filed under Section 941.301 the amount of the

premium or compensation for reinsurance that is specified in the

contract.

(d) A bond filed under Section 941.301 binds any additional or

substitute underwriters of the Lloyd’s plan.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

SUBCHAPTER H. CONVERSION TO CAPITAL STOCK INSURANCE COMPANY

Sec. 941.351. CONVERSION AUTHORIZED. The underwriters may

convert a Lloyd’s plan to a capital stock insurance company

governed by Chapter 822 by complying with this subchapter.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.352. ADOPTION OF CONVERSION PLAN. The underwriters by

a two-thirds vote may adopt a plan to convert the Lloyd’s plan to

a capital stock insurance company.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.353. REQUIREMENTS OF CONVERSION PLAN. The conversion

plan must provide that a capital stock insurance company will be

formed in accordance with Chapter 822, except that:

(1) the company’s required minimum capital and surplus must

equal the required minimum guaranty fund and surplus of the

Lloyd’s plan;

(2) the company’s assets may be in cash or in the form of an

investment lawfully held by the Lloyd’s plan; and

(3) an original examination under Section 822.058(b) is not

required unless directed by the commissioner.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.354. COMMISSIONER APPROVAL OF CONVERSION PLAN. On the

commissioner’s approval of the conversion plan and the formation

of the capital stock insurance company, all assets, interests,

obligations, and liabilities of the Lloyd’s plan, including all

outstanding policies and insurance obligations, are transferred

to the capital stock insurance company, except as otherwise

provided by this subchapter.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.355. CONVERSION OF MEMBER OF HOLDING COMPANY SYSTEM.

If the Lloyd’s plan is a member of a holding company system

identified in registration information that the Lloyd’s plan

filed with the department in accordance with Chapter 823, the

rights and interests of the underwriters in the capital stock

insurance company may be assigned at the time of conversion to

any affiliated person in that holding company system. An

assignment under this subsection is not:

(1) a change in control for the purposes of Section 822.212; or

(2) an acquisition of control for the purposes of Chapter 823.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

SUBCHAPTER O. PENALTIES

Sec. 941.701. REVOCATION OF CERTIFICATE OF AUTHORITY. The

commissioner shall revoke a certificate of authority issued to an

attorney in fact if the attorney in fact or an underwriter

violates this chapter or any other law of this state.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 941.702. CRIMINAL PENALTY. (a) A person commits an

offense if the person, as a principal, attorney in fact, agent,

broker, or other representative, engages in the business of

writing insurance on the Lloyd’s plan in violation of this

chapter.

(b) An offense under this section is punishable by a fine of not

more than $500.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.