Cal. Code Regs. Tit. 10, § 2602.02 - Secondary Sales of Securities

Section 845 of the Insurance Code prohibits sale or resale of any security of a domestic, foreign, or alien insurer (as "insurer" is defined by Section 826 ib.; compare Paragraph C of Section 2601.02 of these regulations) as an agent of an insurer, as a broker or an agent of a broker, except under the authority therein specified; and it describes the conditions under which resale by a bona fide owner is valid.

The statute provides:

845.

(a) No person may sell or resell any security of a domestic, foreign, or alien insurer:

(1) As an insurer with respect to securities of its own issue without securing the permit of the Commissioner as provided in this article.

(2) As an agent of such insurer except under authority of a certificate issued by the Commissioner under this code.

(3) As a broker or as an agent for a broker except under authority of a certificate or license issued by the Commissioner of Corporations under the provisions of the Corporations Code and in full conformity with all provisions of the Corporations Code.

(b) Subdivision (a) shall not prohibit a bona fide owner of securities of an insurer from selling or reselling such securities if:

(1) Such securities were originally issued under the authority of a permit of the Commissioner and such sale or resale is made in conformity with the conditions, if any, in such permit effective at the time of such sale or resale; or

(2) Such securities were originally issued in a jurisdiction other than California in full conformity with the applicable laws, if any, governing such issuance in such jurisdiction.

A sale or resale of securities of an insurer by the owner of the securities which is made for the purpose of evading the provisions of this article requiring an insurer to secure a permit from the Commissioner or for any other fraudulent purpose shall, however, be null and void and a violation of the criminal provisions of this article.

(c) Any sale or resale permitted by this section is subject to the stop power of the Commissioner under Section 854 and the similar powers of the Commissioner of Corporations pursuant to the provisions of the Corporations Code.

(d) Any violation of this section is subject to the penalties provided in Section 833.

Notes

Cal. Code Regs. Tit. 10, § 2602.02

1. Amendment filed 12-20-67; effective thirtieth day thereafter (Register 67. No. 51).

Note: Authority cited: Section 843, Insurance Code.

1. Amendment filed 12-20-67; effective thirtieth day thereafter (Register 67. No. 51).