Untitled Texas Attorney General Opinion

THE ATTORNEYGENERAL OFTEXAS GERALD C. MANN -N ATroRNFzY (fENERAL Honorable'Charleg Lockhart State Treasurer Austin, Texas Opinion No. O-3855 Re: Would the'3tat~eTreasurer be reqUlred"or permiti%% 'under Texas Statutes'to accept the describe8 deposit by the Re- public National Life Insurance Company? Att In: Mr. Chas. 0. Rice Dear Sir: Your letter of August 5, 1941, requesting an opinion-of this department, upon the above stated question, has been received. We quote from your letter as follows: "We hand you herewith a letter which this-depart- ment'received.today from Mr. George Van Fleet, Actuary of'Board'of Insurance Commissioners, in regard to a certain type of deposit which the Re- public Nati,onalLffe Insurance Company desires to make with the State Treasurer of Texas in order to secure a permit to transact business In the State of Illinois. "We would appreciate very~much an opinion from youin regard"to this matter at your very earliest corivenience, as to whether or not the State Treasurer would be required or permitted under Texas.Statutes to accept such deposit for the purpose as above set forth. "You will note that this letter refers to an "' opinion previously rendered by the Attorney General's Department under date of December 1, 1937. "For your Information this opinion was written by Honorable Richard Brooks, Assistant Attorney' General.under Attorney General WillLam @Craw, and as we have some extra copies of this opinion, we are enclosing one of them herewlth." Honorable Charley Lockhart, page 2 O-3855 The letter from Mr. George Van Fleet, Actuary of the Board of Insurance Commissioners, referred to in your inquiry, reads as follows : "The Republic National Life Insurance Company, organized under the laws of this State In accord- ance with the prbvisions of Chapter 3, Title,~78, Revised ClVll Statutea of Texas of 1925,“iS ‘apply- ifigfor a certificate of tithorlty to transact bus- iness In the State of Illinois. Section 111 of the Illinois Insurance Code requires that in order for the Republic National Life Insurance Company to be authorized to transact buslness in the State of Illinois it must have on deposit with the proper supervising authority of its home state $100,000 in securittes for the benefit and security of all policy obligatLons of the Company. "The Company desires to deposit with the State Treasurer of the State of Texas $100,000 in s&curl- ties in order that it may be authorized to transact business in the State of Illlnols. It appears to this Department that the matter concerned In this case Is very similar to the matter about which the Attorney General rendered an opinion to you dated December 1, 1937, relative to the Republic Insurance Company. "We would appreciate 1t very much Lf you would give this matter your most immediate attention, and advise us whether or not it is within the authority of the State Treasurer of this State to accept the deposit referred to." The opinion of this department, referred,to in the letters quoted above, construes Article 4993, Chapter 18, Tltle,78, Vernon's Annotated Civil Statutes. Itwill be noted that such chapter Is applicable to general casualty companies and that Article 4993, supra, specifically proHdes, in part: "Only companies organized and doing business under the provisions of this Chapter shall be sub- ject to its provisions. * * * *.'I Under 'thefacts stated above, the Republic National Life Insurance Company was organized under the laws of this state in accordance with the provisions of Chapter 3, Title 78, Vernon's Annotated Civil Statutes. Therefore, we do not think that.' Article 4993, supra, and the above mentioned oplnl.onhave any application to the question under consideration. . -_ Honorable Charleg Lockhart, page 3 O-3855 Article 4739j Vernon’s Annotated Civil Statutes, pro- vides : “Any life insurance company, accident insurance company, life and accident, heaIth and accident,“or life, health and accident insurance company, organized under the laws of this State, may at its option, de- posit with the State Treasurer securit’iesequal to the amount of its capital stock, and may, at Its oetIon, withdraw the same or any part thereof, first having deposited in the treasury In lieu thereof oth,ersecurities equal in value to those withdrawn. Any such securities, before being so originally de- posited or substituted, shall ‘be approved-by the Com- missioner. When any such deposit is’made, the Trea- Surer shall execute to the company making the deposit a receipt therefor, giving such description to such securities as will ldentlfy the same; and such com- pany shall have the right to advertise such fact, or print a copy of the treasurer’s receipt on the policies it’may Issue; and the proper officers or agents of each Insurance company making such deposit shall be permitted, atall reasonable times; to ex- amine’ such securities and to detach coupons there- frbm and to collect’Interest thereon, under such reasonable~rules,and regulations as may be prescribed by the Treasurer, and’the Commissioner. Such deposit when made by any company shall thereafter be main- tained’as long as saLd company shall have outstanding any ll~abllltgto Its policy holders. For the purpose of State, county, and municipal taxation, the situs of’all personal property belonging to such companies shall be at the home office of such company.” It will be noted that Article 4739, supra, authorizes any company named therein, at its option, to deposit with the State Treasurer securities equal to the amount of its capital stock. This statute further provides for the withdrawal of said securities under certain circumstances and conditions men- tioned therein and the substitution of other securiti,esin lieu of the original securities deposited, further providing, that any such securities, before being so originally deposited or substituted, shall be approved by the Board of Insurance Commls- sioners . Under the above mentioned statute, such deposit when made by any company shall thereafter be maintained as long as said company shall have outstanding any liability to its policy- holders. It is clear from the above mentioned statute that any company mentioned therein is authorized to make a deposit with Honorable Charley Lockhart, page 4 O-3855 the State Treasurer'under the proVlslons'there6f and that the State Treasurer is authorlzed~to accept and receive said deposit and shall execute to the company making-the deposit a'receipt therefor, giving such description to such Securities as will ldentlfy the same.and such company shall h&&the right to ad- vertise such fact; nor print a copy of the treaiur&'s' receipt on th6 policies it may issue. We think that the'above MntLotied cbmpany has the'right to make 'the above'tientionedaeposit 'pro- videa said deposit does nbt exceed the hapital stock bf said company,'and, as above stated, the treasurer Is authorized to receive and accept the same. Whether or not thls"“deposit'ful- fills or meets the requirements of the Illinols~l~w is a matter on which we express ho opinion. In other words;~we think that the deposit can be tide under Article 4739, supra, if all the tiondltionsof said'statut6 are complied with regardless of the tiotiVe,ofthe dompany which prompts the tender and deposit. Of boiwse, when said depo~slt1s mad,e'itis subject to all the pro- visions of the above mentioned statute. Trusttng that the foregoing fully answers your inquiry, we are Yours very turly ATTORNEYGENERAL OF TEXAS By s/ Ardell Willlisnis AMell"Willlams Assistant AW:ob:wc APPROVED 3EP 2, 1941 s/hover Sellers FIRST A3313TANT ATTORNEYGENERAL This Opinion Considered And Approved In Limited Conference