Texas Insurance Code 982.204 – Withdrawal of Trusteed Assets
(a) The deed of trust relating to the trusteed assets of an alien insurance company must provide that the trustee or trustees may not make or permit a withdrawal of assets, other than as specified by Section 982.201(c), without the commissioner’s prior written approval except to:
(1) make deposits required by law in any state for the security or benefit of the policyholders of the company in the United States;
(2) substitute other assets permitted by law and at least equal in value to those withdrawn, subject to Subsection (b); or
(3) transfer the assets to an official liquidator or rehabilitator in accordance with an order of a court of competent jurisdiction.
(b) A withdrawal under Subsection (a)(2) may be made only on the specific written direction of the United States manager or an assistant United States manager when authorized and acting under general or specific written authority previously given or delegated by the board of directors.
Terms Used In Texas Insurance Code 982.204
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- 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.
- Trustee: A person or institution holding and administering property in trust.
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) On withdrawal of trusteed assets deposited in another state in which the alien insurance company is authorized to engage in the business of insurance:
(1) the deed of trust may require similar written approval of the insurance supervising official of that state instead of the commissioner’s approval as provided by Subsection (a); and
(2) if approval under Subdivision (1) is required, the company shall notify the commissioner in writing of the nature and extent of the withdrawal.