Texas Insurance Code 228.302 – Decertification of Certified Capital Company
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(a) A material violation of § 228.105, 228.106, 228.107, 228.151, 228.152, 228.153, 228.154, 228.155, 228.156, 228.202, or 228.204 is grounds for decertification of a certified capital company.
(b) If the comptroller determines that a certified capital company is not in compliance with a law listed in Subsection (a), the comptroller shall notify the company’s officers in writing that the company may be subject to decertification after the 120th day after the date the notice is mailed unless the company:
(1) corrects the deficiencies; and
(2) returns to compliance with the law.
Terms Used In Texas Insurance Code 228.302
- Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
(c) The comptroller may decertify a certified capital company, after opportunity for hearing, if the comptroller finds that the company is not in compliance with a law listed in Subsection (a) at the end of the period established by Subsection (b).
(c-1) Notwithstanding any other provision of this section, the comptroller may decertify a certified capital company if the comptroller receives a request in writing from the certified capital company stating that the certified capital company has made qualified investments in an amount cumulatively equal to 100 percent of the company’s certified capital.
(d) Decertification under this section is effective on receipt of notice of decertification by the certified capital company.
(e) The comptroller shall notify any appropriate state agency of a decertification of a certified capital company.
