West Virginia Code § 33-5-8

Formation of mutuals -- Assets required; temporary capital stock
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No such domestic mutual insurer shall be issued a license until bona fide applications have
been received and cash premiums collected in the manner provided in sections six and seven
of this article in such sum, which, together with any other funds that may be legally
available, will result in the insurer having unencumbered assets over and above all required
reserves and other liabilities of at least an amount equal to that required uneder section five
of article three of this chapter for issuance of a license for the kinds of insurance proposed
to be transacted. Such other funds may be provided by the issuance of rtemporary capital
stock in an amount which together with such premiums collected will provide the amount
necessary under section five of article three of this chapter, the proceeds of said stock to be
invested in the manner provided for the investment of other funds of the insurer. In the
event such temporary capital stock shall be issued, the amoutnt of premiums required to be
collected prior to licensing shall be not less than $10,000. Out of the net surplus of the
insurer the holders of such temporary capital stock may receive a dividend of not more than
ten per cent per annum, which may be cumulative. The stock shall not be a liability of the
insurer, except that it shall be retired as soon as the surplus of the insurer becomes
sufficient to pay it at its par value and leave a surplus not less than the amount of the
temporary capital so retired.

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