Untitled Texas Attorney General Opinion

Court: Texas Attorney General Reports
Date filed: 1964-07-02
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      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