State Codes and Statutes
Statutes > Texas > Insurance-code > Title-6-organization-of-insurers-and-related-entities > Chapter-828-purchase-of-stock-for-total-assumption-reinsurance
INSURANCE CODE
TITLE 6. ORGANIZATION OF INSURERS AND RELATED ENTITIES
SUBTITLE B. ORGANIZATION OF REGULATED ENTITIES
CHAPTER 828. PURCHASE OF STOCK FOR TOTAL ASSUMPTION REINSURANCE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 828.001. AUTHORITY TO PURCHASE STOCK FOR TOTAL ASSUMPTION
REINSURANCE. This code does not affect the right of a life
insurance company organized or operating under Chapter 841, 882,
or 982 to purchase or contract to purchase all or part of the
outstanding shares of another domestic or foreign life insurance
company that engages in a similar line of business in order to:
(1) reinsure all of the other company's business;
(2) assume all of the other company's liabilities; and
(3) take over all of the other company's assets.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
Sec. 828.002. EFFECT ON ANTITRUST LAWS. This chapter does not
affect in any manner the antitrust laws of this state.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
Sec. 828.003. INVESTMENTS OF REINSURED COMPANY. The investments
of a company reinsured under this chapter are subject to Section
824.102 as if the company had been merged or consolidated.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
SUBCHAPTER B. EXCEPTION TO INVESTMENT LIMITATION
Sec. 828.051. EXCEPTION TO LIMITATION ON PURCHASING SHARES OF
OTHER COMPANY. Subchapters C and D, Chapter 425, do not apply to
a purchase or contract described by Section 828.001 if all
requirements of this subchapter are met.
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.015, eff. April 1, 2009.
Sec. 828.052. RESOLUTION OF INTENTION TO REINSURE. The
intention to reinsure must be evidenced by a resolution adopted
by the board of directors of the purchasing company on or before
the purchase of the shares or the execution of a contract to
purchase the shares.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
Sec. 828.053. MINIMUM STOCK ACQUISITION. The purchasing company
shall obtain or seek to obtain at least the number of shares of
the other insurance company necessary to vote an approval of the
total assumption reinsurance agreement under the laws of the
state in which the other insurance company is organized by one or
more of the following means:
(1) initially purchasing or contracting to purchase the shares;
or
(2) offering to purchase, making a tender offer for, requesting
or inviting tenders of, or otherwise seeking to acquire the
shares in the open market or otherwise.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
Sec. 828.054. APPROVAL REQUIRED. A purchase, offer to purchase,
tender offer, request to purchase, or invitation to purchase
shares in excess of the limits imposed under Subchapter C or D,
Chapter 425, may not be made until it is filed with and approved
by the commissioner in accordance with Chapter 823.
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.016, eff. April 1, 2009.
Sec. 828.055. RESTRICTIONS ON REINSURED COMPANY. Following the
earlier of the date of the contract to purchase the shares or the
date of the commissioner's approval of the purchase, offer to
purchase, tender offer, request to purchase, or invitation to
purchase the shares, the company the shares of which are being
purchased may not purchase or contract to purchase any of its own
shares as treasury shares, issue or contract to issue any of its
authorized but unissued shares, or make any investments in or
loans to the purchasing company or an affiliate of the purchasing
company unless the investment or loan is otherwise authorized and
approved in advance by the commissioner under Chapter 823.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
Sec. 828.056. REQUIRED EFFECTIVE DATE OF REINSURANCE AGREEMENT;
EFFECT OF FAILURE TO MEET REQUIRED EFFECTIVE DATE. (a) The
reinsurance agreement must take effect on or before December 31
of the second year after the earlier of the year in which the
initial purchase of shares is made or the year in which the
initial contract to purchase is executed unless the commissioner
for good cause shown extends that period.
(b) If the reinsurance agreement does not take effect within the
period finally determined and extended by the commissioner, the
purchasing company shall sell or otherwise dispose of the
purchased shares that exceed the investment limitations imposed
under Subchapter C or D, Chapter 425, within six months of the
final effective date.
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.017, eff. April 1, 2009.
Sec. 828.057. PROHIBITION ON USE OF PURCHASING COMPANY'S
CAPITAL, SURPLUS, OR RESERVES. Amounts actually paid by the
purchasing company for the purchase of shares acquired or
obtained under this subchapter may not include the minimum
capital, minimum surplus, and policy reserves required by law for
the purchasing company.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
State Codes and Statutes
Statutes > Texas > Insurance-code > Title-6-organization-of-insurers-and-related-entities > Chapter-828-purchase-of-stock-for-total-assumption-reinsurance
INSURANCE CODE
TITLE 6. ORGANIZATION OF INSURERS AND RELATED ENTITIES
SUBTITLE B. ORGANIZATION OF REGULATED ENTITIES
CHAPTER 828. PURCHASE OF STOCK FOR TOTAL ASSUMPTION REINSURANCE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 828.001. AUTHORITY TO PURCHASE STOCK FOR TOTAL ASSUMPTION
REINSURANCE. This code does not affect the right of a life
insurance company organized or operating under Chapter 841, 882,
or 982 to purchase or contract to purchase all or part of the
outstanding shares of another domestic or foreign life insurance
company that engages in a similar line of business in order to:
(1) reinsure all of the other company's business;
(2) assume all of the other company's liabilities; and
(3) take over all of the other company's assets.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
Sec. 828.002. EFFECT ON ANTITRUST LAWS. This chapter does not
affect in any manner the antitrust laws of this state.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
Sec. 828.003. INVESTMENTS OF REINSURED COMPANY. The investments
of a company reinsured under this chapter are subject to Section
824.102 as if the company had been merged or consolidated.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
SUBCHAPTER B. EXCEPTION TO INVESTMENT LIMITATION
Sec. 828.051. EXCEPTION TO LIMITATION ON PURCHASING SHARES OF
OTHER COMPANY. Subchapters C and D, Chapter 425, do not apply to
a purchase or contract described by Section 828.001 if all
requirements of this subchapter are met.
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.015, eff. April 1, 2009.
Sec. 828.052. RESOLUTION OF INTENTION TO REINSURE. The
intention to reinsure must be evidenced by a resolution adopted
by the board of directors of the purchasing company on or before
the purchase of the shares or the execution of a contract to
purchase the shares.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
Sec. 828.053. MINIMUM STOCK ACQUISITION. The purchasing company
shall obtain or seek to obtain at least the number of shares of
the other insurance company necessary to vote an approval of the
total assumption reinsurance agreement under the laws of the
state in which the other insurance company is organized by one or
more of the following means:
(1) initially purchasing or contracting to purchase the shares;
or
(2) offering to purchase, making a tender offer for, requesting
or inviting tenders of, or otherwise seeking to acquire the
shares in the open market or otherwise.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
Sec. 828.054. APPROVAL REQUIRED. A purchase, offer to purchase,
tender offer, request to purchase, or invitation to purchase
shares in excess of the limits imposed under Subchapter C or D,
Chapter 425, may not be made until it is filed with and approved
by the commissioner in accordance with Chapter 823.
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.016, eff. April 1, 2009.
Sec. 828.055. RESTRICTIONS ON REINSURED COMPANY. Following the
earlier of the date of the contract to purchase the shares or the
date of the commissioner's approval of the purchase, offer to
purchase, tender offer, request to purchase, or invitation to
purchase the shares, the company the shares of which are being
purchased may not purchase or contract to purchase any of its own
shares as treasury shares, issue or contract to issue any of its
authorized but unissued shares, or make any investments in or
loans to the purchasing company or an affiliate of the purchasing
company unless the investment or loan is otherwise authorized and
approved in advance by the commissioner under Chapter 823.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
Sec. 828.056. REQUIRED EFFECTIVE DATE OF REINSURANCE AGREEMENT;
EFFECT OF FAILURE TO MEET REQUIRED EFFECTIVE DATE. (a) The
reinsurance agreement must take effect on or before December 31
of the second year after the earlier of the year in which the
initial purchase of shares is made or the year in which the
initial contract to purchase is executed unless the commissioner
for good cause shown extends that period.
(b) If the reinsurance agreement does not take effect within the
period finally determined and extended by the commissioner, the
purchasing company shall sell or otherwise dispose of the
purchased shares that exceed the investment limitations imposed
under Subchapter C or D, Chapter 425, within six months of the
final effective date.
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.017, eff. April 1, 2009.
Sec. 828.057. PROHIBITION ON USE OF PURCHASING COMPANY'S
CAPITAL, SURPLUS, OR RESERVES. Amounts actually paid by the
purchasing company for the purchase of shares acquired or
obtained under this subchapter may not include the minimum
capital, minimum surplus, and policy reserves required by law for
the purchasing company.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
State Codes and Statutes
Statutes >
Texas >
Insurance-code >
Title-6-organization-of-insurers-and-related-entities >
Chapter-828-purchase-of-stock-for-total-assumption-reinsurance INSURANCE CODE
TITLE 6. ORGANIZATION OF INSURERS AND RELATED ENTITIES
SUBTITLE B. ORGANIZATION OF REGULATED ENTITIES
CHAPTER 828. PURCHASE OF STOCK FOR TOTAL ASSUMPTION REINSURANCE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 828.001. AUTHORITY TO PURCHASE STOCK FOR TOTAL ASSUMPTION
REINSURANCE. This code does not affect the right of a life
insurance company organized or operating under Chapter 841, 882,
or 982 to purchase or contract to purchase all or part of the
outstanding shares of another domestic or foreign life insurance
company that engages in a similar line of business in order to:
(1) reinsure all of the other company's business;
(2) assume all of the other company's liabilities; and
(3) take over all of the other company's assets.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
Sec. 828.002. EFFECT ON ANTITRUST LAWS. This chapter does not
affect in any manner the antitrust laws of this state.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
Sec. 828.003. INVESTMENTS OF REINSURED COMPANY. The investments
of a company reinsured under this chapter are subject to Section
824.102 as if the company had been merged or consolidated.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
SUBCHAPTER B. EXCEPTION TO INVESTMENT LIMITATION
Sec. 828.051. EXCEPTION TO LIMITATION ON PURCHASING SHARES OF
OTHER COMPANY. Subchapters C and D, Chapter 425, do not apply to
a purchase or contract described by Section 828.001 if all
requirements of this subchapter are met.
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.015, eff. April 1, 2009.
Sec. 828.052. RESOLUTION OF INTENTION TO REINSURE. The
intention to reinsure must be evidenced by a resolution adopted
by the board of directors of the purchasing company on or before
the purchase of the shares or the execution of a contract to
purchase the shares.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
Sec. 828.053. MINIMUM STOCK ACQUISITION. The purchasing company
shall obtain or seek to obtain at least the number of shares of
the other insurance company necessary to vote an approval of the
total assumption reinsurance agreement under the laws of the
state in which the other insurance company is organized by one or
more of the following means:
(1) initially purchasing or contracting to purchase the shares;
or
(2) offering to purchase, making a tender offer for, requesting
or inviting tenders of, or otherwise seeking to acquire the
shares in the open market or otherwise.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
Sec. 828.054. APPROVAL REQUIRED. A purchase, offer to purchase,
tender offer, request to purchase, or invitation to purchase
shares in excess of the limits imposed under Subchapter C or D,
Chapter 425, may not be made until it is filed with and approved
by the commissioner in accordance with Chapter 823.
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.016, eff. April 1, 2009.
Sec. 828.055. RESTRICTIONS ON REINSURED COMPANY. Following the
earlier of the date of the contract to purchase the shares or the
date of the commissioner's approval of the purchase, offer to
purchase, tender offer, request to purchase, or invitation to
purchase the shares, the company the shares of which are being
purchased may not purchase or contract to purchase any of its own
shares as treasury shares, issue or contract to issue any of its
authorized but unissued shares, or make any investments in or
loans to the purchasing company or an affiliate of the purchasing
company unless the investment or loan is otherwise authorized and
approved in advance by the commissioner under Chapter 823.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
Sec. 828.056. REQUIRED EFFECTIVE DATE OF REINSURANCE AGREEMENT;
EFFECT OF FAILURE TO MEET REQUIRED EFFECTIVE DATE. (a) The
reinsurance agreement must take effect on or before December 31
of the second year after the earlier of the year in which the
initial purchase of shares is made or the year in which the
initial contract to purchase is executed unless the commissioner
for good cause shown extends that period.
(b) If the reinsurance agreement does not take effect within the
period finally determined and extended by the commissioner, the
purchasing company shall sell or otherwise dispose of the
purchased shares that exceed the investment limitations imposed
under Subchapter C or D, Chapter 425, within six months of the
final effective date.
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.017, eff. April 1, 2009.
Sec. 828.057. PROHIBITION ON USE OF PURCHASING COMPANY'S
CAPITAL, SURPLUS, OR RESERVES. Amounts actually paid by the
purchasing company for the purchase of shares acquired or
obtained under this subchapter may not include the minimum
capital, minimum surplus, and policy reserves required by law for
the purchasing company.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,
2003.
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