Texas § IN.823.101 - STANDARDS FOR TRANSACTION WITHIN AN INSURANCE HOLDING COMPANY SYSTEM

§ IN.823.101. STANDARDS FOR TRANSACTION WITHIN AN INSURANCE HOLDING COMPANY SYSTEM

STANDARDS FOR TRANSACTION WITHIN AN INSURANCE HOLDING COMPANY SYSTEM. (a) This section applies only to a material transaction within an insurance holding company system to which an insurer subject to a registration under Section 823.052 is a party. (b) The terms of the transaction shall be fair and equitable. (b-1) An agreement, including an agreement for cost-sharing, services, or management, must include all provisions required by rule of the commissioner. (c) The charges or fees for services performed shall be reasonable. (d) The books, accounts, and records of each party to the transaction shall be maintained so that the precise nature and details of the transaction are clearly and accurately disclosed. (e) The expenses incurred and payments received relating to the transaction shall be allocated to the registered insurer on an equitable basis in conformity with customary insurance accounting principles consistently applied. (f) After a registered insurer pays a dividend or makes a distribution to a holding company or shareholder affiliate of the insurer, the insurer's policyholders' surplus shall be reasonable in relation to the insurer's outstanding liabilities and adequate to the insurer's financial needs. Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 922 (S.B. 1431 ), Sec. 8, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 922 (S.B. 1431 ), Sec. 9, eff. September 1, 2011.