Okla. Stat. tit. 36, § 36-2125
This is the official text of Okla. Stat. tit. 36, § 36-2125, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.
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Borrowed surplus
Official statutory text
A. A domestic stock or mutual insurer may borrow money to
defray the expenses of its organization, provide it with surplus
funds, or for any purpose required by its business, upon a written
agreement that such money is required to be repaid only out of the
insurer's surplus in excess of that stipulated in such agreement.
The form of the agreement must be submitted for approval to
theCommissioner to assure it is consistent with the requirements of
this section. If such agreement is not approved or disapproved by
the Commissioner within fifteen (15) days after the date of its
filing, it shall be deemed approved. The agreement may provide for
interest at the rate agreed upon, but not exceeding a rate of
interest approved by the Insurance Commissioner, which interest
shall or shall not constitute a liability of the insurer as to its
funds other than such excess of surplus, as stipulated in the
agreement. Repayment of such loan shall not be made unless it is
approved in advance by the Commissioner. Such repayment shall be
deemed approved unless within fifteen (15) days after the date of
such filing the insurer is notified in writing of the Commissioner's
disapproval and the reasons therefor.
B. Money so borrowed, together with the interest thereon if so
stipulated in the agreement, shall not form a part of the insurer's
legal liabilities except as to its surplus in excess of the amount
thereof stipulated in the agreement, or be the basis of any setoff;
but until repaid, financial statements filed or published by the
insurer shall show as a footnote thereto the amount thereof then
unpaid together with any interest thereon accrued but unpaid.
C. If a domestic mutual insurer, the insurer in advance of any
such loan shall file with the Insurance Commissioner a statement of
the purposes of the loan and a copy of the proposed loan agreement,
which shall be subject to the approval of the Commissioner. The
loan and agreement shall be deemed approved unless within fifteen
(15) days after date of such filing the insurer is notified in
writing of the Commissioner's disapproval and the reasons therefor.
The Commissioner shall so disapprove any such proposed loan or
agreement if he finds that the loan is reasonably unnecessary or
excessive for the purpose intended, or that the terms of the loan
agreement are not fair and equitable to the parties, and to other
similar lenders, if any, to the insurer, or that the information so
filed by the insurer is inadequate, specifying the respects in which
it is so inadequate.
D. Any such loan to a mutual insurer or substantial portion
thereof shall be repaid by the insurer out of earned surplus when no
longer reasonably necessary for the purpose originally intended. No
repayment of such a loan shall be made by a mutual insurer unless in
advance approved by the Commissioner.
Oklahoma Statutes - Title 36. Insurance Page 633
E. This section shall not apply to loans obtained by the
insurer in ordinary course of business from banks and other
financial institutions, nor to loans secured by pledge of assets.
defray the expenses of its organization, provide it with surplus
funds, or for any purpose required by its business, upon a written
agreement that such money is required to be repaid only out of the
insurer's surplus in excess of that stipulated in such agreement.
The form of the agreement must be submitted for approval to
theCommissioner to assure it is consistent with the requirements of
this section. If such agreement is not approved or disapproved by
the Commissioner within fifteen (15) days after the date of its
filing, it shall be deemed approved. The agreement may provide for
interest at the rate agreed upon, but not exceeding a rate of
interest approved by the Insurance Commissioner, which interest
shall or shall not constitute a liability of the insurer as to its
funds other than such excess of surplus, as stipulated in the
agreement. Repayment of such loan shall not be made unless it is
approved in advance by the Commissioner. Such repayment shall be
deemed approved unless within fifteen (15) days after the date of
such filing the insurer is notified in writing of the Commissioner's
disapproval and the reasons therefor.
B. Money so borrowed, together with the interest thereon if so
stipulated in the agreement, shall not form a part of the insurer's
legal liabilities except as to its surplus in excess of the amount
thereof stipulated in the agreement, or be the basis of any setoff;
but until repaid, financial statements filed or published by the
insurer shall show as a footnote thereto the amount thereof then
unpaid together with any interest thereon accrued but unpaid.
C. If a domestic mutual insurer, the insurer in advance of any
such loan shall file with the Insurance Commissioner a statement of
the purposes of the loan and a copy of the proposed loan agreement,
which shall be subject to the approval of the Commissioner. The
loan and agreement shall be deemed approved unless within fifteen
(15) days after date of such filing the insurer is notified in
writing of the Commissioner's disapproval and the reasons therefor.
The Commissioner shall so disapprove any such proposed loan or
agreement if he finds that the loan is reasonably unnecessary or
excessive for the purpose intended, or that the terms of the loan
agreement are not fair and equitable to the parties, and to other
similar lenders, if any, to the insurer, or that the information so
filed by the insurer is inadequate, specifying the respects in which
it is so inadequate.
D. Any such loan to a mutual insurer or substantial portion
thereof shall be repaid by the insurer out of earned surplus when no
longer reasonably necessary for the purpose originally intended. No
repayment of such a loan shall be made by a mutual insurer unless in
advance approved by the Commissioner.
Oklahoma Statutes - Title 36. Insurance Page 633
E. This section shall not apply to loans obtained by the
insurer in ordinary course of business from banks and other
financial institutions, nor to loans secured by pledge of assets.
Status: in_force · Read it on the official government site
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