Texas Insurance Code 481.006 – Withdrawal of Deposit
(a) An insurer that makes a deposit as described by this chapter may, at the insurer’s option, withdraw all or part of the deposit if:
(1) the insurer first deposits with the comptroller other securities of like class as, and of an amount and value equal to, the securities proposed to be withdrawn; and
(2) the withdrawal and substitution are approved by the commissioner.
(b) An insurer, without making a substitute deposit under Subsection (a), may not withdraw all or part of a deposit made as described by this chapter for the protection of the insurer’s policyholders or creditors in a particular state, country, or province that requires the deposit unless:
(1) the insurer files with the commissioner evidence that satisfies the commissioner that the insurer has withdrawn from business and does not have any unsecured liabilities outstanding or potential policyholder liabilities or obligations in the other state, country, or province; and
(2) the commissioner approves the withdrawal.
Terms Used In Texas Insurance Code 481.006
- Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
(c) An insurer, without making a substitute deposit under Subsection (a), may not withdraw all or part of a deposit made as described by this chapter for the protection of all of the insurer’s policyholders or creditors, wherever they are located, unless:
(1) the insurer files with the commissioner evidence that satisfies the commissioner that the insurer does not have any unsecured liabilities outstanding or potential policy liabilities or obligations anywhere; and
(2) the commissioner approves the withdrawal.