2006 Louisiana Laws - RS 22:1004.2 — Incorporation of a mutual insurance holding company

§1004.2.  Incorporation of a mutual insurance holding company

A.  A mutual insurance holding company or an intermediate holding company resulting from the reorganization of a domestic mutual insurance company under R.S. 22:820 shall be incorporated pursuant to Title 12 of the Louisiana Revised Statutes of 1950, the Louisiana Business Corporation Law, R.S. 12:1 through 178, and shall be subject to its provisions and other provisions of Title 12 relative to business corporations, except that:

(1)  The articles of incorporation and any amendments thereto shall be prepared in accordance with R.S. 22:32 or 38 and shall be subject to prior approval of the commissioner in the same manner as those of a domestic incorporated insurer.

(2)  The articles shall be recorded and filed with the secretary of state in the same manner as the articles of a domestic incorporated insurer under R.S. 22:34.

B.  The commissioner shall retain jurisdiction over a mutual insurance holding company and an intermediate holding company established pursuant to R.S. 22:820 to protect policyholders' interests, and the mutual insurance holding company shall be subject to the requirements of this Part and the Insurance Holding Company System Regulatory Law, R.S. 22:1001 et seq., to the same extent as any domestic insurer.

C.  Any investments of the mutual insurance holding company, other than its investments in the intermediate holding company or the insurance company reorganized under R.S. 22:820, shall be subject to the limitations of Part XVIII of this Chapter as if the mutual insurance holding company were a domestic insurer.  A mutual insurance holding company and an intermediate holding company organized under this Section shall be deemed an insurer that pays a license tax under Part XXIII of this Chapter for the purposes of R.S. 22:1069.

D.  Notwithstanding anything in the Louisiana Business Corporation Law, R.S. 12:1 through 178, meetings of the mutual insurance holding company and the exercise of a member's voting rights shall be governed by R.S. 22:127 through 129 and a written proxy conferred upon another policyholder either prior to, contemporaneously with, or after a reorganization under R.S. 22:820, shall remain in force indefinitely until revoked by the member.

E.  Neither the mutual insurance holding company nor any intermediate holding company shall hold a certificate of authority or engage in the business of insurance.

Acts 1997, No. 1482, §1.