eligible insurer
files its complete notice of intent to relocate records, including
the applicable filing fee, the Commissioner does not request additional
information and has not disapproved such notice, the notice shall
be deemed approved.
(i) Relocation of Records Approved to be Located Out
of State. An eligible insurer that has relocated records out of state
pursuant to Insurance Code Article 1.28 and this section and desires
to relocate those records to another location, must file with the
department the notice of intent to relocate records required by subsection
(c) of this section. The eligible insurer may use the previously approved
notice of intent to relocate records to comply with this subsection
to the extent there has been no change in the information previously
submitted.
(j) Articles of Incorporation or Charter. An eligible
insurer that relocates its records out of state is not required to
amend its articles of incorporation, charter or other organizational
document to reflect the relocation to the extent there has been no
change in such documents as a result of the relocation.
(k) Revocation of Authority to Relocate Records. The
Commissioner, upon notice and opportunity for hearing, may limit or
revoke the authority of an eligible insurer to maintain records outside
this state if the eligible insurer or person possessing and maintaining
the records of the eligible insurer fails or refuses to comply with
a request to provide information as part of an examination, or if
the Commissioner determines that the continued operations of the eligible
insurer might be hazardous to policyholders, creditors or the general
public.
(l) Examples of the service of process form to be executed
by the eligible insurer (TDI/SOP (2000)) and the controlling person
(TDI/SOP-CP (2000)) under subsection (d)(15) & (16) of this section
are available from the Company Licensing and Registration Division,
Texas Department of Insurance, 333 Guadalupe. P.O. Box 149104, Austin,
Texas 78714-9104.
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