Section 11538 Of Chapter 14. Conversion Of An Incorporated Mutual Life Or Life And Disability Insurer Into An Incorporated Stock Life Insurer Issuing Policies On A Reserve Basis From California Insurance Code >> Division 2. >> Part 2. >> Chapter 14.
11538
. (a) The commissioner shall examine the plan submitted
pursuant to subdivision (b) of Section 11536. As a part of the
examination the commissioner may order a hearing on the plan after
written notice of the hearing to the mutual company, and its members,
all of whom shall have the right to appear at the hearing. The
commissioner may require as a condition of consent that the mutual
company make modifications of the proposed plan that the commissioner
finds necessary for the protection of policyholders. The
commissioner shall consent to the plan if he or she finds all of the
following:
(1) For the conversion of a mutual insurer, the plan is fair and
equitable to the insurer and its policyholders.
(2) For the conversion of a mutual holding company, the plan is
fair and equitable to the company, its members, and the policyholders
of the converted insurer.
(3) The plan does not violate the law.
(4) The converted insurer will, after the conversion, satisfy the
requirements for the issuance of a license to write the line or lines
of insurance for which it is presently licensed.
(b) For the conversion of a converting mutual life company, the
commissioner may appoint one or more actuarial, financial, or other
consultants, including legal counsel, as the commissioner finds
necessary to advise the commissioner in making the determination of
whether the proposed plan of conversion meets the applicable
requirements of this chapter. The converting mutual life company is
responsible for the reasonable fees and expenses of any actuarial,
financial, or other consultants, including legal counsel, appointed,
and for the mailing and publication of notices to the mutual company
and its members.