Section § 18580

Explanation

If a premium finance agency wants to do more than just finance insurance premiums, it must change its foundational legal documents and comply with the same rules and requirements as if it's applying for the first time under this division.

A premium finance agency desiring the full authority which may be conferred by this division, shall, in respect to any lending operations other than insurance premium financing, be required to amend its articles of incorporation and meet the requirements of this division as if it were making an original application for authority to organize under this division.

Section § 18581

Explanation

If a corporation is set up as a premium finance agency, its articles of incorporation must specifically state that fact.

The articles of incorporation of any corporation organized under this division as a premium finance agency shall include reference to that fact.

Section § 18582

Explanation

This law states that any premium finance agency must have at least $75,000 in capital stock. Even if the agency opens multiple branch offices or business locations, it doesn't need more than this amount.

Capital stock of any premium finance agency shall not be less than seventy-five thousand dollars ($75,000) and need not exceed that sum regardless of the number of branch offices or business locations which may be authorized under the provisions of this division.

Section § 18583

Explanation

Before starting or expanding with a new branch, a premium finance agency must fully pay the entire minimum capital stock amount in cash.

Before a premium finance agency commences business or opens a branch office or place of business, there must be paid in cash, for the benefit of the agency, 100 percent of the amount of the minimum capital stock required under this chapter.

Section § 18584

Explanation

This section of the law clarifies that the office of an insurance producer can prepare an insurance premium finance agreement and send it to a premium finance agency for approval. This action does not make the producer's office a business location of the finance company. Also, when producers prepare such agreements in their office, they are not considered brokers for the finance company.

An insurance premium finance agreement, as defined in Section 18564, may be prepared in the office of an insurance producer licensed by the Department of Insurance, and mailed or otherwise delivered to a premium finance agency for acceptance without the office of the producer thereby being constituted a place of business of the company. A producer at whose office a premium finance agreement is so prepared shall not be considered to be a broker of the company as that term is used in this division.

Section § 18585

Explanation

If there's a disagreement between this chapter and another chapter about how premium finance agencies or insurance premium financing should operate, this chapter takes priority.

In the event of any conflict in the provisions of this chapter with the provisions of any other chapter in this division, the provisions of this chapter shall control with regard to a premium finance agency or to insurance premium financing.

Section § 18586

Explanation

This law states that certain financial regulations listed in other sections do not apply to premium finance agencies, which are businesses that help people pay insurance premiums over time.

The provisions of Sections 18023, 18024, 18120, 18205, 18268, 18269, 18271, 18272, 18274, and 18455 shall not apply to a premium finance agency.

Section § 18587

Explanation

This law says that certain rules do not apply to genuine loans of $2,500 or more. This also includes premium finance agencies dealing with these loans, as long as these provisions aren't used to sidestep other regulations.

The provisions of Sections 18607, 18625, and 18626 shall not apply to any bona fide loan with a principal amount of two thousand five hundred dollars ($2,500) or more or to a premium finance agency in connection with such loans if the provisions of this section are not used for the purpose of evading this division.

Section § 18588

Explanation

If you've received notice about a premium finance agreement being reassigned and you make a payment to the last known assignee, your payment counts and covers any future assignees. Even if the agreement is reassigned, you can still bring up any issues you had with the initial agreement against the company or any later assignees. Also, any rules and rights a premium finance agency has apply to whoever the agreement is reassigned to.

Unless the insured has notice of the assignment of a premium finance agreement, payment thereunder by him to the last known assignee of the agreement shall be binding upon all subsequent assignees.
Assignment of the premium finance agreement shall not cut off any defenses which the insured would have against the company or an assignee of the agreement arising from obligations imposed by this division.
The obligations and rights of a premium finance agency, under this chapter, shall also apply to the assignee of a premium finance agreement.

Section § 18589

Explanation

If you have a premium finance agreement, you can request a written statement from the company about your payments any time during the agreement or up to a year after your last payment. This statement will show the dates and amounts of payments and any remaining unpaid balance. You can get one free statement each year, and if you want more, the company can charge up to $1 for each extra statement.

At any time during the term of the premium finance agreement, but not later than one year after the last payment thereunder, the company shall upon written request of the insured, give or mail to him a written statement of the dates and amounts of payment, and the total amount, if any, unpaid thereunder. Such a statement shall be supplied once each year without charge; if any additional statement is requested, the company shall supply such statement at a charge not exceeding one dollar ($1) for each additional statement so supplied.

Section § 18590

Explanation

If you've paid off your loan completely, you can ask the company to give you back the premium finance agreement. They'll mark it as "Paid" and return it to you.

Upon payment of a loan in full the company upon request shall return the premium finance agreement marked “Paid” to the insured.

Section § 18591

Explanation

You don't need to file a premium finance agreement to make it valid and protected against claims or disputes from creditors or others who might later buy or claim rights to the insured’s assets.

No filing of the premium finance agreement shall be necessary to perfect the validity of such agreement as a secured transaction as against creditors, subsequent purchasers, pledgees, encumbrances, successors or assigns of the insured.

Section § 18592

Explanation

This law states that any downpayment made by the insured, or by an insurance producer for the insured, must be held by the company in trust and then transferred to the insurer. The full amount of the premium, as specified in the premium finance agreement, should be paid to the insurer within 30 days from the policy's start date, 30 days after the company receives the premium finance agreement, or 15 days after notifying the insured of a revised finance agreement, depending on which is later. If the premium is paid to the insurance agent or broker, they are not considered the company's agent because of this payment. The company must also allow the commissioner access to financial records of these trust accounts if requested.

Any downpayment which is made and which is received by the company from the insured, or from the insurance producer on behalf of the insured, shall be held by the company in trust for and in transit to the insurer, and shall be paid to the insurer, together with the balance of the premium payable pursuant to the terms of the premium finance agreement within 30 days from the effective date of the policy, or within 30 days after the receipt of a proper premium finance agreement by the company, or within 15 days after the company has mailed to the insured notice of a revised finance agreement pursuant to Section 18606, whichever is later. In the event that the premium is paid to the insurance agent or broker of record, such agent or broker of record shall not be deemed the agent of the company by reason of such payment.
Upon request of the commissioner, the company shall furnish an authorization for disclosure to the commissioner of financial records of such trust accounts pursuant to Section 7473 of the Government Code.

Section § 18593

Explanation

Companies receiving downpayments under Section 18592 must manage these funds responsibly. They can either keep the money in a separate trust account or use financial instruments like time deposits or certificates of deposit, ensuring that there's always enough to cover these downpayments. If a company goes bankrupt, these funds must first go back to the insured individuals for any agreements with incomplete payments. If the funds aren't enough, they will be divided fairly among the insureds. Essentially, this law aims to protect the interests of insured individuals by ensuring their downpayment funds are secured regardless of the company's financial stability.

The downpayments received by the company under the provisions of Section 18592, may be held by the company in trust in a separate bank account or depository, or in lieu thereof, the company may maintain a time deposit with a bank, savings and loan association, or comparable institution, or obtain a certificate or certificates of deposit or a clean and irrevocable letter or letters of credit from a bank, in an amount at least equal to the average amount of such downpayments being held at any given time by the company as ascertained by the commissioner, and which are payable to the insurer pursuant to the terms of the premium finance agreement. Such deposits, certificates, or a clean and irrevocable letter or letters of credit shall be held in trust for the benefit of the insureds, as their relative interests in such downpayments may exist at any given time, and in the event of the insolvency of a company, such funds on deposit under the provisions of this section or as represented by a certificate or certificates of deposit or a clean and irrevocable letter or letters of credit shall be first applied to remitting the amount of the downpayment to the insureds on all premium finance agreements upon which the company has not then forwarded in full the downpayments collected from and then being held for insureds, and, if insufficient to pay all such amounts in full, then such funds shall be applied for such purposes pro rata.

Section § 18594

Explanation

In California, if a company is set up as an industrial loan company and wants to engage in the business of financing insurance premiums, it must operate under the rules that apply to premium finance agencies. This means they need to follow all the same regulations as those companies specifically set up to finance insurance premiums.

Any corporation organized as an industrial loan company other than a premium finance agency shall conduct any insurance premium financing business under the authority of this chapter and it shall be subject to all of the provisions of this chapter in respect to such business, as if it were a premium finance agency.

Section § 18595

Explanation

This law says that a premium finance agency is not allowed to use the words “industrial loan company” in its company name, on any of its loan documents, or in its advertisements.

A premium finance agency shall not incorporate the words “industrial loan company” in its corporate name, on its loan forms, or in its advertising.

Section § 18596

Explanation

A premium finance company can issue or sell investment certificates in two ways. First, they can sell them directly to customers when financing their insurance premiums, but the total finance charges, including interest, can’t exceed what’s allowed by another law (Section 18626). Second, they can sell to certain institutional investors or government agencies, as specified by the Financial Protection Commissioner.

A premium finance company may issue or sell investment certificates only (a) to its customers directly in connection with the financing of premiums for those customers, provided that the aggregate finance charges, including interest paid or not paid on those investment certificates, do not exceed those charges permitted under Section 18626 and (b) to any institutional investors, governmental agency, or instrumentality as the Commissioner of Financial Protection and Innovation may designate by rule.