a charter to a domestic r -
I@. William A. 'Harrison,page
corporationor grant a permit to a foreign corporationfor the purpose of acting as agent or attorney-in-factfor a reciprocal or mter-insurance excnange, any license heretofore granted by you or your predecessorBoards of Insurance Commissionersto such corporationwas without legal authority. However, where a domestic corporationhas amended its charter, or a foreign cor- poration has received a certificateof authority under the pro- visions of Section 2, Article 1513a, from the Secretary of State which authorizes such corporationto act as attorney-in-fact for a reciprocal or inter-insuranceexchange, you would have the legal authority to issue a license to such corporationto act as attorney-in-factfor a reciprocal or inter-insuranceexchange, provided such attorney-in-factfor the reciprocal or inter- insurance exchange has fully complied with the provisionsof the Insurance Code, and particularlythe provisionsof Chapter 19 thereof. If such domestic or foreign corporationdoes not meet the requirementsof Article 15'13a,V.C.S.6,the Secretary of State would be without authority to either grant or amend a charter of a domestic corporationor issue a certificateof au- thority to a foreign corporation thereunder,and hence you would be without authority to issue a license to such corporation since it would be doing business in Texas in violation of law. Your fourth question is predicatedupon an affirma- tive answer to either questions 1 or 2, and since both of these questionshave been answered in the negative no discussion thereof is deemed necessary. suMMARY Prior to the enactment of Article 15;13a,V.C.S., no.domestic corporationcould be chartered,and no foreign corporationcould receive a permit to act as agent or attorney-in-factfor reciprocal or inter- insurance exchanges, The Commissionerof Insurance may legally issue a license to act as attorney-in- fact for a reciprocal or inter-insuranceexchange to any domestic or foreign corporationwhich has been qualified by the Secretary of State under the provi- sions of Section 2, Article 15lja, V.C.S. Yours very truly, WILL WILSON Attorney Gene,ralof Texas Mr. William A. Harrison, page 5 ON-397)
APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman Wallace Finfrock Morgan Nesbitt Richard B. Stone REVIXWEDFOB THEATTOBNEYGENEFUL BY: W. V. Geppert