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2005 California Revenue and Taxation Code Sections 12491-12495 Article 4. Effect of Tax
REVENUE AND TAXATION CODESECTION 12491-12495
12491. (a) Every tax levied upon an insurer under the provisions of Article XIII of the Constitution and of this part is a lien upon all property and franchises of every kind and nature belonging to the insurer, and has the effect of a judgment against the insurer. (b) (1) Every tax levied upon a surplus line broker under the provisions of Part 7.5 (commencing with Section 13201) of Division 2 is a lien upon all property and franchises of every kind and nature belonging to the surplus line broker, and has the effect of a judgment against the surplus line broker. (2) A lien levied pursuant to this subdivision shall not exceed the amount of unpaid tax collected by the surplus line broker. 12492. Every lien attaches as of 12:01 a.m. on the first day of March of the calendar year in which the tax is levied. 12493. Every lien has the effect of an execution duly levied against all property of a delinquent insurer or surplus line broker. 12494. No judgment is satisfied nor lien removed until either: (a) The taxes, interest, penalties, and costs are paid. (b) The insurer's or surplus line broker's property is sold for the payment thereof. 12495. No court shall make and enter a final discharge in bankruptcy or decree of dissolution, nor shall any county clerk or the Secretary of State file a discharge, decree, or any other document by which the term of existence of a corporation or surplus line broker's business is reduced, or a surplus line broker's assets are transferred to a new owner until all taxes, interest, penalties, and costs are paid and discharged.
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