Texas Insurance Code 829.004 – Mutual Holding Company; Laws Applicable
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(a) Except as provided by this chapter, a mutual holding company is considered an insurer subject to this chapter and Chapter 883.
(b) The commissioner has jurisdiction over a mutual holding company organized under this chapter to ensure that member interests are protected.
Terms Used In Texas Insurance Code 829.004
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(c) The mutual holding company is automatically a party to a delinquency proceeding under Subtitle C, Title 4, involving an insurance company that, as a result of a reorganization under this chapter, is a direct or indirect subsidiary of the mutual holding company. In any proceeding described by this subsection involving the resulting company, the assets of the mutual holding company are considered assets of the resulting company for purposes of satisfying the claims of the resulting company’s policyholders.
(d) A mutual holding company that results from a reorganization of an exchange must be organized under Sections 883.051, 883.052, 883.054, and 883.056. The articles of incorporation of the mutual holding company, and any amendments to those articles, are subject to approval of the commissioner in the same manner as those of a mutual insurance company.
(e) The mutual holding company may not dissolve or liquidate without the approval of the commissioner.
(f) A mutual holding company formed under a conversion plan is not subject to:
(1) Article 2.11B, Texas Non-Profit Corporation Act (Article 1396-2.11B, Vernon’s Texas Civil Statutes);
(2) Section B, Article 2.23, Texas Non-Profit Corporation Act (Article 1396-2.23, Vernon’s Texas Civil Statutes);
(3) Section C, Article 2.23A, Texas Non-Profit Corporation Act (Article 1396-2.23A, Vernon’s Texas Civil Statutes); or
(4) Sections 22.158, 22.351, and 22.353(b), Business Organizations Code.