2005 California Revenue and Taxation Code Sections 12491-12495 Article 4. Effect of Tax

REVENUE AND TAXATION CODE
SECTION 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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