Cal. Code Regs. Tit. 10, § 2278.52 - Written Application

(a) An Applicant seeking approval of a name shall submit a written application containing the information set forth below, together with any other information that is reasonably required by the Commissioner under the circumstances. An Applicant may use the Commissioner's Form N-1 for this purpose.

(1) The name for which approval is sought and up to two alternative names, if desired, in order of preference;

(2) The Applicant's state of domicile;

(3) The Applicant's Federal Employer Identification Number;

(4) The Applicant's National Association of Insurance Commissioners number and, if applicable, group number and group name;

(5) An organizational chart identifying all Affiliates, including parent companies and subsidiaries. If the Applicant has not yet been formed, the organizational chart must specify the proposed position of the Applicant on the organizational chart upon completion of the Applicant's formation;

(6) In the case of an Applicant that is not affiliated with any other company or person, the names of the owners or proposed owners of the Applicant;

(7) If the Applicant is an underwritten title company, the counties in which business is or will be transacted and the title insurers that will underwrite the policies offered by Applicant;

(8) The classes of insurance as specified in Insurance Code § 100 and the classes of insurance or contracts as defined in Insurance Code Sections 101 through 124.5 and Section 12100 that the Applicant transacts or proposes to transact in California, including statutorily authorized specialty lines, such as: variable life insurance, variable annuities, modified guaranteed annuities, and universal life insurance;

(9) A list identifying every application or filing pending with the Commissioner by or pertaining to the Applicant, or by or pertaining to any Affiliate, regarding transaction of its business, or transaction of any Affiliate's business, in California. The foregoing includes, but is not limited to, an application for a certificate of authority, an amended certificate of authority, a securities permit, an application or filing required by Insurance Code Section 1011(c), and an application pursuant to Insurance Code Sections 1215 et seq. Applications pertaining to dividends, property and casualty rates, and form filings are not required to be listed;

(10) In the case of a foreign or alien insurer or other entity that will be required to use an operating name in California, a certified copy of a resolution by its board of directors (or if its form of business organization does not have a board of directors, its governing body) authorizing the use of the fictitious business name or operating name in California.

(b) An Applicant seeking approval of a name change shall submit the following information in addition to the information specified in Subdivision (a):

(1) the reason for the proposed name change (including but not limited to marketing reasons, acquisition, merger or reorganization of the Applicant);

(2) if the requirements of subdivision (q) of Section 2303.15 apply to the Applicant, then the Applicant shall submit a written commitment as set forth in subdivision (r) of Section 2303.15 that it shall comply with subdivision (q) of Section 2303.15. The written commitment does not have to be in the form of a board resolution.

(c) An Applicant whose primary business is, or will be, reinsurance and whose proposed name includes the words "reinsurer" or "reinsurance" shall submit a written commitment as set forth in subdivision (q) of Section 2303.15 (the written commitment does not have to be in the form of a board resolution), that (1) transacting reinsurance will be its primary business in California, and (2) at such time as it intends that its primary business in California will be transacting direct insurance (not reinsurance), it will submit an application to the Commissioner seeking approval of a name change that deletes the words "reinsurer" or "reinsurance," as the case may be, and which otherwise complies with these regulations.

Notes

Cal. Code Regs. Tit. 10, § 2278.52

1. New section filed 10-11-2010; operative 11-10-2010 (Register 2010, No. 42).

Note: Authority cited: Sections 700, 720 and 790.10, Insurance Code; CalFarm Ins. Co. v. Deukmejian, (1989) 48 Cal.3d 805; and 20th Century Ins. Co. v. Garamendi, (1994) 8 Cal. 4th 216. Reference: Sections 742.42, 790.02, 790.03, 880, 881, 881.1, 881.2, 881.5, 882, 882.5, 883, 10970, 12162, 12389 and 12743, Insurance Code.

1. New section filed 10-11-2010; operative 11-10-2010 (Register 2010, No. 42).