(a) Before an insurer with a statutory net capital and surplus of less than $10 million engages in a transaction authorized under this subchapter, the insurer shall file a written notice with the commissioner describing:
(1) the need to engage in the transaction;
(2) the lack of acceptable alternatives; and
(3) the insurer’s plan to engage in the transaction.
(b) If the commissioner does not issue an order prohibiting an insurer who files a notice under Subsection (a) from engaging in the transaction on or before the 90th day after the date the commissioner receives the notice, the insurer may engage in the transaction described in the notice.

(c) For purposes of this section, an insurer’s net capital and surplus are determined by the insurer’s most recent financial statement required to be filed with the department.