Article 2. Registration Of Life Policies of California Insurance Code >> Division 2. >> Part 2. >> Chapter 5. >> Article 2.
Any insurer transacting life insurance in this State on
September 30, 1939, may register its policies with the commissioner
in the manner and subject to the restrictions set forth in this
article.
An insurer which is not registering its policies pursuant
to the provisions of this article on September 30, 1939, shall not
thereafter be permitted to register its policies.
Any insurer registering its policies pursuant to this
article on June 30, 1939, which fails prior to September 1, 1941, to
file with the commissioner an election to cease such registration on
or before December 31, 1941, shall thereafter continue to register
all life policies issued by it. Whenever it fails to continue such
registration thereafter, the commissioner shall revoke its
certificate of authority, and its condition shall thereupon
conclusively be deemed to be such that its further transaction of
business will be hazardous to its policyholders, or creditors, or to
the public, within the meaning of subdivision (d) of section 1011 of
this code.
When an insurer elects to register any of its policies, it
shall register every policy thereafter issued by it until it
discontinues registration.
Such registration shall in each case show the name and age
of the insured, number and date of the policy and the kind and amount
of insurance.
An insurer registering policies shall maintain a special
deposit of securities with the commissioner for the benefit of such
registered policies. Such securities shall be of the character
specified in Articles 3, 4 and 6 of Chapter 2, Part 2, Division 1, or
specified in sections 10459 and 10460.
The commissioner shall give his receipt for the securities
and the State shall be responsible for the custody and safe return of
any securities so deposited.
Such deposit shall be maintained in an amount equal to the
full net value of all policies registered up to the time of making
the deposit, less the amount loaned on such registered policies.
Upon receipt of such securities, the commissioner shall
immediately deposit them in the State Treasury in accordance with the
provisions of Sections 940 to 946, inclusive, where they shall
remain as a special security for the benefit of such registered
policies.
Such insurer may at any time withdraw any excess of such
securities above the required amount upon satisfying the commissioner
by written proof that such excess exists. It may receive the
interest on all securities deposited, and exchange such securities by
substituting other securities of the required character.
If such insurer owns the building in which it has its
principal office and the land upon which it stands, or if it owns
other real property located in this State and requisite for its
accommodation in the convenient transaction of its business, it may,
with the permission of the commissioner, mortgage such property to
the commissioner for such sum, not exceeding the market value
thereof, as he determines.
Such mortgage may be deposited in the State treasury as part
of the securities required by this article. Such mortgage is
withdrawable in like manner with other securities in the deposit. The
commissioner shall require the mortgage to be recorded before
acceptance for deposit.
The commissioner may release any such mortgage or may
foreclose it in case such foreclosure becomes necessary.
Should any insurer thus registering policies become
insolvent, the commissioner may reinsure all or any part of such
registered policies, using the securities thus deposited for that
purpose.
The commissioner shall require in advance, in lawful money
of the United States, as a fee for registering each policy as
provided by this article, twenty-five cents.