Section § 12160

Explanation

If you want to provide motor club services in California, you need to get a certificate of authority from the commissioner first.

Motor clubs in the state must follow specific rules when issuing or selling their own securities. These rules align with certain insurance code articles, and motor clubs are not governed by the usual securities laws that apply to corporations.

(a)CA Insurance Code § 12160(a) A person shall not render or agree to render motor club service in this state without first obtaining from the commissioner a certificate of authority to act as a motor club.
(b)CA Insurance Code § 12160(b) The issuance, sale, or offer for sale in this state of securities of its own issue by any motor club shall be subject to the provisions of Article 8 (commencing with Section 820) of Chapter 1 of Part 2 of Division 1 of this code the same as if motor clubs were included in Section 826 thereof, and any such club shall not be subject to the Corporate Securities Law in the Corporations Code.

Section § 12161

Explanation

If you want a certificate to operate an insurance business in California, you need to apply using a specific form and pay a fee of $4,939. You won't receive the certificate until you meet all the necessary legal requirements. Once you have it, you must keep following these requirements to maintain it.

Application for a certificate of authority shall be made on a form prescribed by the commissioner, accompanied by a filing fee of four thousand nine hundred thirty-nine dollars ($4,939). That certificate shall not be granted until the applicant conforms to the requirements of this part and the laws of this state prerequisite to its issue. After the issuance, the holder shall continue to comply with the requirements of this part and the laws of this state.

Section § 12162

Explanation

A motor club in California must meet several requirements before it can receive a certificate of authority from the commissioner. First, it needs to submit a formal application with necessary documents like its charter, financial statements, and business plan. If it's a foreign company, it must also provide proof of authorization from its home state. Second, it has to deposit $100,000 in approved securities or a surety bond. The club must pay an annual license fee of $424, get its name approved, and demonstrate it's qualified to protect its members. Lastly, it must be a separate legal entity that the commissioner can examine.

The commissioner shall not issue a certificate of authority to any motor club until:
(a)CA Insurance Code § 12162(a) It files with him or her the following:
(1)CA Insurance Code § 12162(a)(1) A formal application for the certificate in that form and detail as the commissioner requires, executed under oath by its president or other principal officer.
(2)CA Insurance Code § 12162(a)(2) A certified copy of its charter or articles of incorporation and its bylaws, if any.
(3)CA Insurance Code § 12162(a)(3) A copy of its latest financial statement, or report of independent audit as the commissioner may require; or, in the event neither is available, its most recent operating statement and balance sheet. Any financial statement, audit, operating and balance sheet shall be verified by the person compiling or making the same and by an executive officer of the applicant.
(4)CA Insurance Code § 12162(a)(4) If it is a foreign corporation, a certificate from its domiciliary state regulatory authority executed not more than 30 days before the filing of its application that it is duly authorized to do a motor club business in that state.
(5)CA Insurance Code § 12162(a)(5) An explanation of its plan of doing business, and copies of the following: its application for membership; the proposed membership certificate or identification card; any proposed addendum thereto; any individual insurance policy and any group master policy and individual certificates thereunder to be offered; any service contract to be issued.
(6)CA Insurance Code § 12162(a)(6) Other information as the commissioner may find necessary in order to determine the applicant’s qualifications.
(b)CA Insurance Code § 12162(b) It first deposits security with the commissioner in one of the following forms:
(1)CA Insurance Code § 12162(b)(1) Securities of the kinds prescribed by this code for capital fund investments by stock insurers and approved by the commissioner, in the amount of one hundred thousand dollars ($100,000) based on par value or market value, whichever is less. The making, maintenance and withdrawal of those deposits and the substitution of securities therein shall be governed by Article 11 (commencing with Section 939) of Chapter 1 of Part 2 of Division 1.
(2)CA Insurance Code § 12162(b)(2) A surety bond on a form prescribed by the Attorney General of this state, executed by an admitted surety insurer in the penal sum of one hundred thousand dollars ($100,000).
(c)CA Insurance Code § 12162(c) It pays to the commissioner an annual license fee of four hundred twenty-four dollars ($424).
(d)CA Insurance Code § 12162(d) Its name is approved by the commissioner under Section 881, which applies to motor clubs.
(e)CA Insurance Code § 12162(e) It proves by affidavits of its officers, directors, managers, and individual owners of more than 10 percent on a form prescribed by the commissioner that it is not disqualified under Section 704.5.
(f)CA Insurance Code § 12162(f) It satisfies the commissioner it is qualified as respects each of the subjects enumerated in subdivisions (b), (c), (e), (f), (h), (i), and (j) of Section 717, when those subjects are read in the sense of protection to its members instead of policyholders.
(g)CA Insurance Code § 12162(g) It is a separate legal entity capable of being examined by the commissioner as provided in this part.

Section § 12162.5

Explanation

If a motor club wants to operate in the state, it must prove to the commissioner that its total assets are at least $250,000 more than its total debts. This financial requirement, known as 'net worth,' must be maintained continuously for the club to keep its authority to operate.

All motor clubs applying for a certificate of authority to act as a motor club in this state shall demonstrate to the satisfaction of the commissioner that such club has a net worth of not less than two hundred fifty thousand dollars ($250,000). For the purposes of Sections 12162.5 and 12162.6, net worth is defined as the excess of total assets over total liabilities. Such net worth shall be maintained at all times as a condition for the continuance of its certificate of authority to act as a motor club in this state.

Section § 12162.6

Explanation

This law says that motor clubs in California, which are organizations providing motoring-related services, have specific requirements to stay solvent and keep their operating certificate if issued before January 1, 1992. They can retain their certificate without needing to meet the new financial standards until July 1, 1996.

However, if a motor club's net worth falls below $250,000, it is considered insolvent unless it either gets an annual audit by a certified accountant and submits the report by the end of June the next year, or it can prove every quarter that it has enough liquid assets to cover what it owes to its members.

(a)CA Insurance Code § 12162.6(a) A motor club holding a certificate of authority to act as a motor club granted prior to January 1, 1992, may continue to retain the certificate until July 1, 1996, without complying with the increased minimum net worth requirement of Section 12162.5.
(b)CA Insurance Code § 12162.6(b) A motor club shall be deemed to be insolvent and subject to Section 12164 proceedings whenever its net worth is less than two hundred fifty thousand dollars ($250,000) and it fails to comply with one of these two conditions:
(1)CA Insurance Code § 12162.6(b)(1) An audit by an independent certified public accountant with an audit report prepared by the certified public accountant and filed with the commissioner no later than June 30 of the year following the year covered by the audit.
(2)CA Insurance Code § 12162.6(b)(2) A demonstration to the satisfaction of the commissioner, on a quarterly basis, of an amount of liquid assets sufficient to satisfy its current liabilities to members.

Section § 12162.7

Explanation

This law defines "liquid assets" as various forms of money or investments that can easily be turned into cash. This includes cash, stocks, bonds, certificates of deposit, short-term investments, certain types of receivables due within 90 days, and other forms of income like interest, dividends, and potential federal tax refunds.

For purposes of this article, “liquid assets” means cash, cash equivalents, and marketable securities readily convertible into cash. Liquid assets also include bonds, stocks, certificates of deposit, negotiable short-term instruments, service members’ dues receivable not over 90 days, receivables due from affiliates not over 90 days, acquisition costs deferred not over 90 days, federal income tax recoverables, and interest and dividends due and accrued.

Section § 12162.8

Explanation

This law section explains that a motor club may be deemed financially inadequate, or 'materially deficient', if its audit report raises concerns about financial health or its ability to continue operating, or if it cannot prove it has enough liquid assets to cover what it owes its members. When this happens, it must comply with certain legal requirements as outlined in other sections.

If any portion of the audit report required by paragraph (1) of subdivision (b) of Section 12162.6 includes a qualified opinion as to the financial condition of the motor club or its ability to exist as a going concern, the motor club shall be considered materially deficient under Section 717, and subject to Section 12164. Similarly, if a motor club qualifying under paragraph (2) of subdivision (b) of Section 12162.6 fails to demonstrate to the commissioner an amount of liquid assets sufficient to satisfy its current liabilities to members, it shall be considered materially deficient under Section 717 and subject to Section 12164.

Section § 12163

Explanation

This law requires motor clubs to keep a form of security, like a bond or security deposit, to protect their members and the state. Without it, they can lose their authorization to operate. This security ensures that motor clubs provide promised services and comply with state laws, including paying any required fees or taxes.

If they stop operating, they must follow proper procedures for withdrawal. If someone is cheated or harmed by the motor club, they can sue using the bond or seize the security deposit to recover damages.

(a)CA Insurance Code § 12163(a) The security required by subdivision (b) of Section 12162 shall thereafter be continuously maintained by a motor club in one of the forms prescribed. Failure of a motor club so to maintain the same shall be cause for revoking its certificate of authority.
(b)CA Insurance Code § 12163(b) Such security shall be for the protection, use, and benefit of all persons whose applications for membership in a motor club have been accepted by such club or its representative and of this state as respects fees, fines, penalties, and taxes. Such security shall be subject to the following conditions, and, if a bond, shall be expressly so conditioned:
1. The club shall faithfully furnish and render to all persons whose applications for membership have been accepted any and all of the motor club benefits and services sold or offered for sale by it.
2. The club will faithfully conform to all provisions of law of the state pertaining to the sale and rendering of “motor club service” as defined and provided in Part 5 (commencing with Section 12140) of Division 2 of this code.
3. The club will promptly pay all fees, fines, penalties, and taxes which may be levied against it under authority of law.
4. If the club ceases to do business in this state as a motor club, it shall comply with the appropriate withdrawal procedure.
(c)CA Insurance Code § 12163(c) Any person defrauded or injured by any wrongful act, misrepresentation, or failure on the part of the club with respect to the selling or rendering of any of its benefits or services may bring suit on the bond, if the security be a bond, in his own name. The commissioner may bring suit on such bond. If the security be a deposit of securities, any such a person or the commissioner may levy upon the same in execution of a judgment.

Section § 12164

Explanation

This law allows the insurance commissioner to revoke or suspend a motor club's authority if certain issues arise. This can happen if the club breaks specific laws, refuses required examinations, conducts fraudulent business, or can no longer qualify for its certificate. The commissioner can also notify the public about such actions. Moreover, related legal provisions apply to motor clubs unless they conflict with this part. An "insolvency" is when a club's assets are less than its liabilities.

(a)CA Insurance Code § 12164(a) The commissioner may revoke or suspend the certificate of authority of a motor club whenever, after a hearing in accordance with the procedure provided in Section 701, he finds that any of the following circumstances exist:
1. The club has violated any provision of this part.
2. It or its officers refuse to submit to an examination, as provided for in Section 12169.
3. It is transacting business fraudulently.
4. It is no longer able to qualify for issuance to it of a certificate of authority as a motor club.
(b)CA Insurance Code § 12164(b) The commissioner may give notice of such revocation or suspension to the public in such manner as he deems proper.
(c)CA Insurance Code § 12164(c) All of the provisions of Article 14 (commencing with Section 1010) of Chapter 1 of Part 2 of Division 1 of this code not inconsistent with this part shall apply to motor clubs.
For the purpose of this part, “insolvency” means that a club’s assets are less than its liabilities.

Section § 12165

Explanation

This law explains that every insurance certificate of authority in California is valid indefinitely but will end if certain conditions occur. The certificate will terminate if the organization holding it ceases to exist as a separate entity, if the entity is dissolved or winds up its affairs, if it completes a withdrawal process and surrenders its certificate, or if a court order decides so in a specific legal proceeding.

Subject to the annual fee provisions herein, every certificate of authority issued or held under this part shall be for an indefinite term and, unless sooner revoked by the commissioner, shall terminate upon occurrence of any of the following:
(a)CA Insurance Code § 12165(a) Upon the holder’s ceasing to exist as a separate entity.
(b)CA Insurance Code § 12165(b) Upon the winding up, or dissolution, or expiration, or forfeiture of the holder’s corporate existence.
(c)CA Insurance Code § 12165(c) Upon completion of the withdrawal procedure prescribed by Article 15 (commencing with Section 1070) of Chapter 1 of Part 2 of Division 1 of this code and surrender by the holder of its certificate of authority and cancellation of the same by the commissioner. All provisions of such article not inconsistent with this part shall apply.
(d)CA Insurance Code § 12165(d) Upon the entry of a final court order in a proceeding under said Article 14 (commencing with Section 1010), Chapter 1 of Part 2 of Division 1 of this code.

Section § 12166

Explanation

If you hold a certificate of authority for insurance in California, you must pay a $205 yearly fee to the commissioner. This fee is for each year starting on July 1 and ending on June 30. The payment is due on March 1 and becomes late after April 1.

Notwithstanding the preceding provisions for a certificate of authority of indefinite term, each holder of a certificate of authority under this chapter shall owe and pay in advance to the commissioner an annual fee of two hundred five dollars ($205) on account of that certificate of authority until its final termination or revocation. That fee shall be for annual periods commencing on July 1 of each year and ending on June 30 of each year and shall be due on each March 1 and shall be delinquent on and after each April 1.

Section § 12167

Explanation

If a motor club wants to get a certificate to operate in California, it doesn't need to be registered with the Secretary of State under the Corporations Code first. However, once it gets the certificate, it still has to register with the Secretary of State before doing business within the state.

Qualification of a motor club for a certificate of authority under this part does not require prior qualification with the Secretary of State under the Corporations Code for an intrastate business, but the issuance to it of a certificate of authority under this part does not relieve such foreign applicant of any duty to qualify with the Secretary of State pursuant to the Corporations Code before transacting intrastate business in this state.

Section § 12168

Explanation

Each year by March 1st, companies must submit any changes to their articles of incorporation, bylaws, membership certificates, or service contracts to the commissioner. These documents need official certification that they are true copies. There's a $50 fee for filing these amended documents annually.

Annually on or before March 1 of each year, copies of any instruments making any changes in articles of incorporation, bylaws, and membership certificate or identification card or service contract required by this part to be filed with the application for admission shall be filed with the commissioner. In the case of articles of incorporation, an amendment or certificate of amendment shall be certified by the official custodian of the original as a true copy of the same on file in his or her office. Amended bylaws or other papers shall be certified by the corporation secretary over the corporate seal to be true copies of the same currently adopted. The commissioner shall require the payment of fifty dollars ($50) for each annual filing of amended documents or papers pursuant to this article.

Section § 12169

Explanation

If the insurance commissioner suspects a motor club might be insolvent (running out of money) or acting fraudulently, they can demand a detailed financial statement from the club. This statement, under oath, outlines the club's assets and debts.

If the club fails to provide this statement within 20 days or if it contains lies, they must pay for the examination costs. Also, if a foreign motor club wants to operate in California, the commissioner might investigate the club's operations, and certain legal procedures will apply to this examination.

(a)CA Insurance Code § 12169(a) Whenever the commissioner has reasonable cause to believe that a motor club is insolvent or is transacting its business in a fraudulent manner, he may demand from the club a statement under oath setting forth its assets and liabilities. He may, for the purpose of verifying the correctness of such statement, examine the books and affairs of the club.
(b)CA Insurance Code § 12169(b) If such statement is not furnished within 20 days from the time of such demand by the commissioner, or if, upon the examination of such records, the statement furnished or any record examined is found to contain any willful misstatement of fact, the expense of the examination shall be paid by the motor club.
(c)CA Insurance Code § 12169(c) Whenever any foreign motor club applies for admission, the commissioner may make, or cause to be made by the motor club regulatory authority of its domiciliary state, an examination of the applicant’s motor club business and affairs. Whenever such an examination is made, all of the provisions of Article 4 (commencing with Section 730) Chapter 1 of Part 2 of Division 1 of this code not inconsistent with this part shall be applicable.

Section § 12170

Explanation

If a motor club already has a certificate as of when this law took effect, they don't need to apply for a new one. However, they must follow the rules of this chapter, and they will be given ongoing certificates of authority as long as they meet certain conditions outlined in this law.

Motor clubs certificated on the effective date of this chapter shall not be required to be recertificated, but thereafter shall be subject to the provisions of this chapter and shall be issued continuous certificates of authority subject to the conditions provided in this chapter.