THEATTORNEY GENERAL
OFTEXAS
April 8, 1964 \
Honorable J.N. Nutt Opinion No. c-236
Commissionerof Insurance
State,Boardsof Insurance RE: Whether a life Insurance
1110 San Jacihto company is required to comply
Austin, Texas with the provisions of Article
4.02A (1) and (2), Tcxaa Busi-
ness CorporationAct, In addl-
tlon to complyingwith the pro-
vlslona of Article 3.05, Texas
Insurance Code, in order to
effect an amendment to its
Dear Mr. Nutt: articles of Incorporation.
You hay! requested the opinion of this office con-
cerning the appllcabllltyof certain provisionsof the Texas
Business CorporationAct (hereinafterreferred to as the "Act"),
to a life insurance company seeking to amend Its articles of
Incorporationunder the provisionsof the Texas Insurance Code
(hereinafterreferred to as the “Code”).
Your letter reads in part as follows:
“The State Board of Insurance has pending an
applicationfor approval of an amendment to the
articles 0r incorporation0r a life Insurance
company organized and operating under the laws of
the State of Texas. It has been the policy of
this Department for approximatelyfour years to
require a life insurance company making applica-
tion for approval of a charter amendment to furnish
evidence of compliancewith the provislonsof
Article 4.02A, Texas Business CorporationAct,
in addition to requiring compliancewith Article
3.05, Texas Insuranc’eCode.
“Article 4.02A (l), Texas Euainess Corporation
Act, requires that the board of directors of the
company initiate the action by which a charter
amendment is to be effected by the adoption of a
resolution setting forth