Section 12162 Of Chapter 2. Certificate Of Authority From California Insurance Code >> Division 2. >> Part 5. >> Chapter 2.
12162
. The commissioner shall not issue a certificate of authority
to any motor club until:
(a) It files with him the following:
1. A formal application for the certificate in such form and
detail as the commissioner requires, executed under oath by its
president or other principal officer.
2. A certified copy of its charter or articles of incorporation
and its bylaws, if any.
3. A copy of its latest financial statement, or report of
independent audit as the commissioner may require; or, in the event
neither is available, its most recent operating statement and balance
sheet. Any such financial statement, audit, operating and balance
sheet shall be verified by the person compiling or making the same
and by an executive officer of the applicant.
4. If it is a foreign corporation, a certificate from its
domiciliary state regulatory authority executed not more than 30 days
before the filing of its application that it is duly authorized to
do a motor club business in that state.
5. An explanation of its plan of doing business, and copies of the
following: its application for membership; the proposed membership
certificate or identification card; any proposed addendum thereto;
any individual insurance policy and any group master policy and
individual certificates thereunder to be offered; any service
contract to be issued.
6. Such other information as the commissioner may find necessary
in order to determine applicant's qualifications.
(b) It first deposits security with the commissioner in one of the
following forms:
1. Securities of the kinds prescribed by this code for capital
fund investments by stock insurers and approved by the commissioner,
in the amount of one hundred thousand dollars ($100,000) based on par
value or market value, whichever is less. The making, maintenance
and withdrawal of such deposits and the substitution of securities
therein shall be governed by Article 11 (commencing with Section 939)
of Chapter 1 of Part 2 of Division 1; or
2. A surety bond on a form prescribed by the Attorney General of
this state, executed by an admitted surety insurer in the penal sum
of one hundred thousand dollars ($100,000).
(c) It pays to the commissioner an annual license fee of one
hundred seventy-seven dollars ($177).
(d) Its name is approved by the commissioner under the provisions
of Section 881, the provisions of which section are hereby made
applicable to motor clubs.
(e) It proves by affidavits of its officers, directors, managers,
and individual owners of more than 10 percent on a form prescribed by
the commissioner that it is not disqualified under the provisions of
Section 704.5 of this code.
(f) It satisfies the commissioner it is qualified as respects each
of the subjects enumerated in subdivisions (b), (c), (e), (f), (h),
(i), and (j) of Section 717, when those subjects are read in the
sense of protection to its members instead of policyholders.
(g) It is a separate legal entity capable of being examined by the
commissioner as provided in this part.