reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5 - Stock Insurers-Corporate Affairs › Article 3 - Insurance Holding Company Systems-Reporting and Disclosure Forms › Section 2683.18 - Information Statement-Offer of Acquisition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No tender offer for, or request or
				  invitation for tenders of, and no agreement shall be made to exchange
				  securities for, or to acquire in the open market, any voting security or any
				  security convertible into a voting security of a domestic insurer or of any
				  other person controlling a domestic insurer under the circumstances described
				  in (1) and (2) of this subdivision, unless the conditions set forth in
				  subdivision (b) of this section are complied with.
(1) The circumstances alluded to in (a) above
				  are that as a result of the consummation of such offer, the Offeror would
				  directly or indirectly acquire control of the domestic insurer; and
(2) The "other person" controlling the
				  domestic insurer whom the offer will affect is not substantially engaged in
				  non-insurance businesses either directly or through its
				  affiliates.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5 - Stock Insurers-Corporate Affairs › Article 3 - Insurance Holding Company Systems-Reporting and Disclosure Forms › Section 2683.19 - Extraordinary Dividends and Distributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Requests pursuant to the provisions of
				  Insurance Code Section
				  1215.5
				  (c) for approval of extraordinary dividends
				  or extraordinary distributions (hereinafter in this Section referred to as
				  "dividend(s)") to stockholders shall include the following:
(1) The amount and date established for
				  payment thereof;
(2) A statement
				  whether payment is to be in cash or property, and if in property, the fair
				  market value of that property, and an explanation of the valuation
				  basis.
(3) The amounts and dates of
				  all dividends (including regular dividends) paid within the period of 12
				  consecutive months ending on the date fixed for payment of the proposed
				  dividend for which approval is sought and commencing on the day after the same
				  day of the same month in the last preceding year.
(4) A balance sheet and statement of income
				  for the period intervening between the end of the year covered in the last
				  annual statement filed with the Commissioner and the end of the last calendar
				  quarter prior to the date on which the request for approval is filed with the
				  Commissioner, plus such additional financial information, if any, as the
				  Commissioner may require.
(5) A
				  brief statement as to the effect of the proposed dividend upon the insurer's
				  surplus and reasonableness of its remaining surplus in relationship to its
				  outstanding liabilities, and upon the adequacy of its remaining surplus in
				  relationship to its financial needs.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5 - Stock Insurers-Corporate Affairs › Article 3 - Insurance Holding Company Systems-Reporting and Disclosure Forms › Section 2683.20 - Disclaimers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person
				  filing a disclaimer as permitted by Insurance Code Section
				  1215.4
				  (i) may use either Form D or Form DD to the
				  extent that the form selected accommodates recitation of the facts by virtue of
				  which affiliation with any authorized (admitted) insurer is disclaimed. In the
				  event neither form is reasonably appropriate, the person wishing to disclaim
				  affiliation may file a written disclaimer duly executed by its (or the
				  person's) executive officer in any other form that supplies the information
				  required in such instance by said Section
				  1215.4
				  (i).
(b) In the event several persons of a holding
				  company system wish to disclaim affiliation with another person or persons, a
				  single disclaimer may be filed for the several disclaiming persons under the
				  following circumstances:
(1) The persons with
				  whom relationship is disclaimed are identical in the case of every person on
				  whose behalf the disclaimer is filed; and
(2) The facts on which disclaimer is based
				  are substantially identical with respect to each such disclaiming person;
				  and
(3) The disclaimer is executed
				  by an executive officer of the ultimate controlling person or of an admitted
				  insurer, which officer knows the facts of the officer's own
				  knowledge.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5 - Stock Insurers-Corporate Affairs › Article 3 - Insurance Holding Company Systems-Reporting and Disclosure Forms › Section 2683.21 - Additional Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each person filing under these regulations shall, in
					 addition to the information called for by the regulations and instructions,
					 furnish any other or further information and material as may be needed to make
					 the information otherwise to be contained in such filing not
					 misleading.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5 - Stock Insurers-Corporate Affairs › Article 3 - Insurance Holding Company Systems-Reporting and Disclosure Forms › Section 2683.22 - Verification of Forms Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Information statements, registration
				  statements, annual supplements, reports of extraordinary dividends and
				  distributions, reports of material changes, and disclaimers all shall be
				  verified as follows:
(1) Those executed by
				  domestic insurers shall be verified as provided in the Code of Civil Procedure
				  for the verification of pleadings (Sections
				  446 and
				  2015.5 CCP); the same shall apply
				  to such papers executed in a jurisdiction whose law on the subject of
				  verification of pleadings is the same as that of this State.
(2) Otherwise, such papers shall be duly
				  sworn to under oath before a public officer lawfully authorized to administer
				  oaths, and the public officer's certificate evidencing such fact shall be
				  attached thereto;
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5 - Stock Insurers-Corporate Affairs › Article 3 - Insurance Holding Company Systems-Reporting and Disclosure Forms › Section 2683.23 - Promulgated Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Various forms which said Act requires the Commissioner to
					 prescribe, and others deemed necessary or convenient for accomplishing
					 registration, reporting, disclosure and other portions of the Act which require
					 implementations, are set forth in this section as follows:
FORM A (3-20-70)
To: The Insurance Commissioner of the State of
					 California
Attention: Surveillance and analysis Division 600 South
					 Commonwealth Avenue--14th Floor Los Angeles, CA 90005
INFORMATION STATEMENT
of
___________________________
(Name and address of Offeror)
___________________________
___________________________
concerning an offer to acquire control of
______________________________
an insurer (as defined by California Insurance Code Section
					 826,
					 excluding subdivision (f) thereof) organized under the laws of the State of
					 California. ___________________________
The above-captioned contemplated transaction involves an
					 offer to acquire voting securities of the above-named domestic insurer of such
					 controlling corporation through the means of a ______________________________
					 (Explain, e.g.: purchase on open market, exchange of holding company shares,
					 creation of new corporation and exchange of holding company shares, creation of
					 new corporation and exchange, etc.)
Filed pursuant to Insurance Code Section
					 1215.2 and
					 Sections 2683, et seq., Title 10,
					 California Administrative Code.
The undersigned hereby states as follows:
ITEM I
The Offer to Purchase or
				  Exchange Shares, or the Agreement of Merger or Plan of Reorganization
1. True copies of the written offer,
				  agreement, or plan, complete with proxy, proxy statement, letter to
				  stockholders, letter of transmittal, tender forms, fractional buy and sell
				  order forms, etc., are attached hereto marked__________.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 1 - General Provisions › Section 2689.1 - Authority and Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commissioner promulgates these regulations pursuant to
					 the implied authority granted by California Insurance Code Sections
					 791 et seq.
					 and 15 U.S.C. Sections
					 6801(b) and
					 6805(b) to
					 implement California Insurance Code and Gramm-Leach-Bliley privacy provisions
					 consistent with providing individuals the maximum privacy protections permitted
					 by those laws.
1. New
					 subchapter 5.9 (articles 1-5, sections
					 2689.1-2689.24), article 1
					 (sections 2689.1-2689.4) and section filed
					 11-22-2002; operative 3-24-2003 (Register 2002, No.
					 47).
Note: Authority cited: Sections
						791-
						791.27,
						Insurance Code; and 15
						U.S.C. Sections 6801,
						6805 and
						6807. Reference: Sections
						791-
						791.27,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 1 - General Provisions › Section 2689.2 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations govern the treatment of nonpublic
					 personal information about individuals who obtain or are claimants or
					 beneficiaries of products or services primarily for personal, family, or
					 household purposes. These regulations shall apply to all licensees of the
					 California Department of Insurance subject to California Insurance Code
					 Sections
					 791 et
					 seq., namely insurance institutions, agents, and insurance support
					 organizations. Licensees not subject to California Insurance Code Sections
					 791 et
					 seq., but subject to Gramm-Leach-Bliley (GLBA),
					 15 U.S.C. Sections
					 6801-6810, shall comply with GLBA
					 privacy provisions and with Sections
					 2689.12 through
					 2689.20 of these
					 regulations.
Licensees shall also comply with California Civil Code
					 Section
					 1798.85 (SB
					 168, Chapter 720, Statutes of 2001), Business and Professions Code Sections
					 17590
					 through
					 17595
					 (SB 771, Chapter 695, Statutes of 2001), and all other applicable privacy and
					 confidentiality provisions.
1. New
					 section filed 11-22-2002; operative 3-24-2003 (Register 2002, No.
					 47).
Note: Authority cited: Sections
						791-
						791.27,
						Insurance Code; and 15
						U.S.C. Sections 6801,
						6805 and
						6807. Reference: Sections
						791.01 and
						791.02,
						Insurance Code; Section
						1798.85, Civil
						Code; Sections
						17590, et seq., Business and
						Professions Code; and 15
						U.S.C. Section
						6803.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 1 - General Provisions › Section 2689.3 - Disclosure of Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nonpublic personal information shall not be disclosed in a
					 manner not permitted by California law or these regulations.
1. New
					 section filed 11-22-2002; operative 3-24-2003 (Register 2002, No.
					 47).
Note: Authority cited: Sections
						791-
						791.27,
						Insurance Code; and 15
						U.S.C. Sections 6801,
						6805 and
						6807. Reference: Section
						791.13,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 2 - Privacy Notices; Opt Out Notices for Nonpublic Personal Financial Information › Section 2689.5 - Initial Privacy Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  addition to any notice of information practices required by California
				  Insurance Code Section
				  791.04,
				  licensees shall provide notice as required by this section. Licensees may
				  provide the notices required by California Insurance Code Section
				  791.04 and
				  this section in a single combined notice or in separate notices, so long as all
				  the requirements of California Insurance Code Section
				  791.04 and
				  these regulations are satisfied. If a licensee uses a California notice and
				  another separate notice, the California notice shall clearly state that any
				  rights a consumer, claimant, or beneficiary may have as described in the
				  California notice are not limited by the standard privacy notice that the
				  licensee also uses.
A licensee shall provide a clear and conspicuous notice
					 that accurately reflects its privacy policies and practices to:
(1) A customer, not later than when the
				  licensee establishes a customer relationship, except as provided in subsection
				  (c) of this section: and
(2) A
				  consumer, claimant, or beneficiary before the licensee discloses any nonpublic
				  personal information about the consumer, claimant, or beneficiary to any
				  nonaffiliated third party, if the licensee makes a disclosure other than as
				  authorized by California Insurance Code Section
				  791.13(a) through
				  (j) or (
l
) through (r),
				  unless the licensee has a customer relationship with the consumer, claimant, or
				  beneficiary, or a notice has been provided by an affiliated licensee, the
				  notice clearly identifies all licensees to whom the notice applies, and is
				  accurate with respect to the licensee and the other
				  institutions.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 2 - Privacy Notices; Opt Out Notices for Nonpublic Personal Financial Information › Section 2689.6 - Annual Privacy Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to any notice of information practices required
					 by California Insurance Code Section
					 791.04,
					 licensees shall provide notice as required by this section. Licensees may
					 provide the notices required by California Insurance Code Section
					 791.04 and
					 this section in a single combined notice or in separate notices, so long as all
					 the requirements of California Insurance Code Section
					 791.04 and
					 these regulations are satisfied. If a licensee uses a California notice and
					 another separate notice, the California notice shall clearly state that any
					 rights a consumer, claimant, or beneficiary may have as described in the
					 California notice are not limited by the standard privacy notice that the
					 licensee also uses.
A licensee shall provide a clear and conspicuous notice to
					 customers that accurately reflects its privacy policies and practices not less
					 than annually during the continuation of the customer relationship. Annually
					 means at least once in any period of twelve (12) consecutive months during
					 which that relationship exists. A licensee may define the
					 twelve-consecutive-month period, but the licensee shall apply it to the
					 customer on a consistent basis. A licensee is not required to provide an annual
					 notice to a former customer with whom it no longer has a continuing
					 relationship.
1. New
					 section filed 11-22-2002; operative 3-24-2003 (Register 2002, No.
					 47).
Note: Authority cited: Sections
						791-
						791.27,
						Insurance Code; and 15
						U.S.C. Sections 6801,
						6805 and
						6807. Reference: Section
						791.04,
						Insurance Code; and 15
						U.S.C. Section
						6803.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 2 - Privacy Notices; Opt Out Notices for Nonpublic Personal Financial Information › Section 2689.9 - Revised Privacy Notices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Except as otherwise authorized, a licensee shall not, directly or through an
				  affiliate, disclose any nonpublic personal information about a consumer to a
				  nonaffiliated third party other than as described in the notice provided to
				  that consumer unless:
(1) The licensee has
				  provided to the consumer a clear and conspicuous revised notice that accurately
				  describes its policies and practices;
(2) The licensee has provided to the consumer
				  a new opt out notice which complies with section
				  2689.8 and;
(3) The consumer does not opt out in
				  accordance with section
				  2689.8.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 2 - Privacy Notices; Opt Out Notices for Nonpublic Personal Financial Information › Section 2689.10 - Delivery of Notices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensee shall provide any required notices, including notices provided at the
				  consumer's request, so that each consumer can reasonably be expected to receive
				  actual notice in writing or, if the consumer agrees, electronically. Notices
				  must be made available in a form capable of retention by the consumer.
A licensee may reasonably expect that a consumer will
					 receive actual notice if the licensee, for example:
(1) Hand-delivers a printed copy of the
				  notice to the consumer;
(2) Mails a
				  printed copy of the notice to the last known address of the consumer
				  separately, or in a policy, billing or other written communication;
(3) For a consumer who conducts transactions
				  electronically, posts the notice on the electronic site in accordance with
				  section 2689.4(a) and
				  requires the consumer to acknowledge receipt of the notice as a necessary step
				  to obtaining a particular insurance product or service;
(4) For an isolated transaction with a
				  consumer, such as the licensee providing an insurance quote or selling the
				  consumer travel insurance, posts the notice in a conspicuous location and
				  requires the consumer to acknowledge receipt of the notice as a necessary step
				  to obtaining the particular insurance product or service.
A licensee may not reasonably expect that a consumer will
					 receive actual notice if it:
(5) Only posts a sign in its office or
				  generally publishes advertisements of its privacy policies and practices;
				  or
(6) Sends the notice via
				  electronic mail to a consumer who does not obtain an insurance product or
				  service from the licensee electronically.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 3 - Limits on Disclosures of Medical Record Information › Section 2689.11 - Disclosure of Medical Record Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee shall not disclose nonpublic
				  personal medical record information about a consumer to affiliated or
				  nonaffiliated third parties without the consumer's prior written
				  authorization.
(b) This section
				  does not prohibit or restrict the disclosure of nonpublic personal medical
				  record information as permitted by California Insurance Code Section
				  791.13 or
				  require an authorization for disclosure of nonpublic personal medical record
				  information other than as required by California Insurance Code Section
				  791.13.
1. New
					 article 3 (section
					 2689.11) and section filed
					 11-22-2002; operative 3-24-2003 (Register 2002, No.
					 47).
Note: Authority cited: Sections
						791-
						791.27,
						Insurance Code; and 15
						U.S.C. Sections 6801,
						6805 and
						6807. Reference: Section
						791.13,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 4 - Standards for Safeguarding Nonpublic Personal Information › Section 2689.12 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  This article establishes standards for developing and implementing
				  administrative, technical, and physical safeguards to protect the security,
				  confidentiality, and integrity of nonpublic personal information, pursuant to
				  California Insurance Code Section
				  791 and
				  sections 501,
				  505(b), and
				  507, codified at
				  15 U.S.C.
				  6801,
				  6805(b) and
				  6807, of GLBA.
(b) The actions and procedures described in
				  sections 2689.16,
				  2689.17,
				  2689.18, and
				  2689.19 are examples of methods of
				  implementation of the requirements of sections
				  2689.14 and
				  2689.15. These examples are
				  non-exclusive illustrations of actions and procedures that licensees may follow
				  to implement sections
				  2689.14 and
				  2689.15 of these
				  regulations.
1. New
					 article 4 (sections
					 2689.12-2689.20) and section filed
					 11-22-2002; operative 3-24-2003 (Register 2002, No.
					 47).
Note: Authority cited: Sections
						791-
						791.27,
						Insurance Code; and 15
						U.S.C. Sections 6801,
						6805,
						6807 and
						6824. Reference: Section
						791,
						Insurance Code; and 15
						U.S.C. Sections 6801,
						6805 and
						6807.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 4 - Standards for Safeguarding Nonpublic Personal Information › Section 2689.13 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this article, the following definitions
					 apply:
(a) "Customer information
				  systems" means the electronic or physical methods used to access, collect,
				  store, use, transmit, protect, or dispose of nonpublic personal information,
				  whether that information is maintained in paper, electronic, or other
				  form.
(b) "Service provider" means
				  any person or entity that maintains, processes, or otherwise is permitted
				  access to customer information through its provision of services directly to
				  the licensee.
1. New
					 section filed 11-22-2002; operative 3-24-2003 (Register 2002, No.
					 47).
Note: Authority cited: Sections
						791-
						791.27,
						Insurance Code; and 15
						U.S.C. Sections 6801,
						6805,
						6807 and
						6824. Reference: Section
						791,
						Insurance Code; and 15
						U.S.C. Section
						6827.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 4 - Standards for Safeguarding Nonpublic Personal Information › Section 2689.14 - Information Security Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each licensee shall implement a comprehensive written
					 information security program that includes administrative, technical and
					 physical safeguards for the protection of customer information. The
					 administrative, technical, and physical safeguards included in the information
					 security program shall be appropriate to the size and complexity of the
					 licensee and the nature and scope of its activities.
1. New
					 section filed 11-22-2002; operative 3-24-2003 (Register 2002, No.
					 47).
Note: Authority cited: Sections
						791-
						791.27,
						Insurance Code; and 15
						U.S.C. Sections 6801,
						6805,
						6807 and
						6824. Reference: Section
						791,
						Insurance Code; and 15
						U.S.C. Section
						6825.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 4 - Standards for Safeguarding Nonpublic Personal Information › Section 2689.15 - Objectives of Information Security Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensee's information security program shall be designed
					 to:
(a) Ensure the security and
				  confidentiality of customer information;
(b) Protect against any anticipated threats
				  or hazards to the security or integrity of such information; and
(c) Protect against unauthorized access to or
				  use of such information that could result in substantial harm or inconvenience
				  to any customer.
1. New
					 section filed 11-22-2002; operative 3-24-2003 (Register 2002, No.
					 47).
Note: Authority cited: Sections
						791-
						791.27,
						Insurance Code; and 15
						U.S.C. 6801,
						6805,
						6807 and
						6824. Reference: Section
						791,
						Insurance Code; and 15
						U.S.C. Section
						6825.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 4 - Standards for Safeguarding Nonpublic Personal Information › Section 2689.16 - Assess Risk

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The licensee:
(a)
				  Identifies reasonably foreseeable internal and external threats that could
				  result in unauthorized disclosure, misuse, alteration, or destruction of
				  customer information or customer information systems;
(b) Assesses the likelihood and potential
				  damage of these threats, taking into consideration the sensitivity of customer
				  information; and
(c) Assesses the
				  sufficiency of policies, procedures, customer information systems, and other
				  safeguards in place to control risks.
1. New
					 section filed 11-22-2002; operative 3-24-2003 (Register 2002, No.
					 47).
Note: Authority cited: Sections
						791-
						791.27,
						Insurance Code; and 15
						U.S.C. Sections 6801,
						6805,
						6807 and
						6824. Reference: Section
						791,
						Insurance Code; and 15
						U.S.C. Section
						6825.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 4 - Standards for Safeguarding Nonpublic Personal Information › Section 2689.17 - Manage and Control Risk

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The licensee:
(a)
				  Designs its information security program to control the identified risks,
				  commensurate with the sensitivity of the information as well as the complexity
				  and scope of the licensee's activities.
(b) Trains staff, as appropriate, to
				  implement the licensee's information security program; and
(c) Regularly tests or otherwise regularly
				  monitors the key controls, systems and procedures of the information security
				  program. The frequency and nature of the tests are determined by the licensee's
				  risk assessment.
1. New
					 section filed 11-22-2002; operative 3-24-2003 (Register 2002, No.
					 47).
Note: Authority cited: Sections
						791-
						791.27,
						Insurance Code; and 15
						U.S.C. Sections 6801,
						6805,
						6807 and
						6824. Reference: Section
						791,
						Insurance Code; and 15
						U.S.C. Section
						6825.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 4 - Standards for Safeguarding Nonpublic Personal Information › Section 2689.18 - Service Providers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The licensee:
(a)
				  Exercises appropriate due diligence in selecting its service providers;
				  and
(b) Requires its service
				  providers, by contract, to implement appropriate measures designed to meet the
				  objectives of this article, and, where indicated by the licensee's risk
				  assessment, takes appropriate steps to confirm that its service providers have
				  satisfied such obligations.
1. New
					 section filed 11-22-2002; operative 3-24-2003 (Register 2002, No.
					 47).
Note: Authority cited: Sections
						791-
						791.27,
						Insurance Code; and 15
						U.S.C. Sections 6801,
						6805,
						6807 and
						6824. Reference: Section
						791,
						Insurance Code; and 15
						U.S.C. Section
						6825.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 4 - Standards for Safeguarding Nonpublic Personal Information › Section 2689.19 - Adjust the Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensee monitors, evaluates, and adjusts, as
					 appropriate, the information security program in light of any relevant changes
					 in technology, the sensitivity of its customer information, internal or
					 external threats to information, and the licensee's own changing business
					 arrangements, such as mergers and acquisitions, outsourcing arrangements, and
					 changes to customer information systems.
1. New
					 section filed 11-22-2002; operative 3-24-2003 (Register 2002, No.
					 47).
Note: Authority cited: Sections
						791-
						791.27,
						Insurance Code; and 15
						U.S.C. Sections 6801,
						6805,
						6807 and
						6824. Reference: Section
						791,
						Insurance Code; and 15
						U.S.C. Section
						6825.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 4 - Standards for Safeguarding Nonpublic Personal Information › Section 2689.20 - Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commissioner shall audit a licensee's compliance with
					 this article in a manner and with such frequency as the Commissioner deems
					 necessary. Violations of this article are subject to California Insurance Code
					 Section
					 791.15,
et seq
. and any other enforcement provisions available to the
					 Commissioner.
1. New
					 section filed 11-22-2002; operative 3-24-2003 (Register 2002, No.
					 47).
Note: Authority cited: Sections
						791-
						791.27,
						Insurance Code; and 15
						U.S.C. Sections 6801,
						6805,
						6807 and
						6824. Reference: Section
						791.15,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 5 - Additional Provisions › Section 2689.21 - Protection of Fair Credit Reporting Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nothing in these regulations shall be construed to modify,
					 limit or supersede the operation of the federal Fair Credit Reporting Act
					 (15 U.S.C.
					 1681
et seq.
), and no
					 inference shall be drawn on the basis of the provisions of these regulations
					 regarding whether information is transaction or experience information under
					 Section 603 of that Act.
1. New
					 article 5 (sections
					 2689.21-2689.24) and section filed
					 11-22-2002; operative 3-24-2003 (Register 2002, No.
					 47).
Note: Authority cited: Sections
						791-
						791.27,
						Insurance Code; and 15
						U.S.C. Sections 6801,
						6805 and
						6807. Reference:
						15 U.S.C. Section
						6806.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 5 - Additional Provisions › Section 2689.22 - Nondiscrimination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensee shall not unfairly discriminate against any
					 consumer or customer because that consumer or customer has opted out from the
					 disclosure of the consumer or customer's nonpublic personal information
					 pursuant to the provisions of these regulations.
A licensee shall not unfairly discriminate against a
					 consumer or customer because that consumer or customer has not granted
					 authorization for the disclosure of the consumer or customer's nonpublic
					 personal medical record information pursuant to the provisions of these
					 regulations.
As used in this section, "unfairly discriminate" includes
					 denying a consumer or customer a product or service because the consumer or
					 customer has not provided the consent required to authorize the financial
					 institution to disclose or share the consumer or customer's nonpublic personal
					 information as provided in California Insurance Code Section
					 791.13(k).
1. New
					 section filed 11-22-2002; operative 3-24-2003 (Register 2002, No.
					 47).
2. Change without regulatory effect amending section filed
					 7-14-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). Filing deadline specified in Government
					 Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Sections
						791-
						791.13,
						Insurance Code; and 15
						U.S.C. Sections 6801,
						6805 and
						6807. Reference: Section
						791.13,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 5 - Additional Provisions › Section 2689.23 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any section or portion of a section of these regulations
					 or its applicability to any person or circumstance is held invalid by a court,
					 the remainder of the regulation or the applicability of the provision to other
					 persons or circumstances shall not be affected.
1. New
					 section filed 11-22-2002; operative 3-24-2003 (Register 2002, No.
					 47).
Note: Authority cited: Sections
						791-
						791.27,
						Insurance Code; and 15
						U.S.C. Sections 6801,
						6805 and
						6807. Reference: Section
						791,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 5.9 - Privacy of Nonpublic Personal Information › Article 5 - Additional Provisions › Section 2689.24 - Effective Date; Contracts with Nonaffiliated Third Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations are effective one hundred and twenty
					 (120) days after they are filed with the Secretary of State. If that day falls
					 on a Saturday, Sunday, or any holiday set forth in California Government Code
					 Section
					 6700, the
					 regulations shall become effective on the next business day.
Within 90 days of the effective date of these regulations,
					 all contracts that a licensee enters into or has entered into with a
					 nonaffiliated third party to perform services for the licensee or functions on
					 the licensee's behalf shall include or be amended to include a written
					 requirement that the third party maintain the confidentiality of nonpublic
					 personal information where the nonaffiliated third party obtains confidential
					 nonpublic personal information in connection with the
					 contract.
1. New
					 section and Appendix A filed 11-22-2002; operative 3-24-2003 (Register 2002,
					 No. 47).
Note: Authority cited: Sections
						791-
						791.27,
						Insurance Code; and 15
						U.S.C. Sections 6801,
						6805 and
						6807. Reference: Section
						791,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 6 - The Department of Insurance Conflict-of-Interest Code › Section 2690.3 - Designated Employees; Scope of Disclosure. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 10-17-95; operative 11-16-95. Approved by Fair Political Practices
				  Commission 8-7-95. Submitted to OAL for printing only (Register 95, No.
				  42).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 6 - The Department of Insurance Conflict-of-Interest Code › Section 2690.4 - Requirement that Each Designated Employee File an Annual Statement of Economic Interest. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 3-29-2013; operative 4-28-2013 pursuant to Cal. Code Regs., tit. 2,
				  section 18750(l).
				  Approved by Fair Political Practices Commission 3-25-2013 and submitted to OAL
				  for filing and printing only pursuant to Cal. Code Regs., tit. 2, section
				  18750(k)
				  (Register 2013, No. 13).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 6 - The Department of Insurance Conflict-of-Interest Code › Section 2690.5 - Circumstances Under Which Designated Employees Must Disqualify Themselves from Making or Participation in the Making of Government Decisions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 3-29-2013; operative 4-28-2013 pursuant to Cal. Code Regs., tit. 2,
				  section 18750(l).
				  Approved by Fair Political Practices Commission 3-25-2013 and submitted to OAL
				  for filing and printing only pursuant to Cal. Code Regs., tit. 2, section
				  18750(k)
				  (Register 2013, No. 13).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 6 - The Department of Insurance Conflict-of-Interest Code › Section 2690.6 - Duties of the Filing Officer. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 3-29-2013; operative 4-28-2013 pursuant to Cal. Code Regs., tit. 2,
				  section 18750(l).
				  Approved by Fair Political Practices Commission 3-25-2013 and submitted to OAL
				  for filing and printing only pursuant to Cal. Code Regs., tit. 2, section
				  18750(k)
				  (Register 2013, No. 13).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 6 - The Department of Insurance Conflict-of-Interest Code › Section 2690.65 - Disclosure Statement a Public Record. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 3-29-2013; operative 4-28-2013 pursuant to Cal. Code Regs., tit. 2,
				  section 18750(l).
				  Approved by Fair Political Practices Commission 3-25-2013 and submitted to OAL
				  for filing and printing only pursuant to Cal. Code Regs., tit. 2, section
				  18750(k)
				  (Register 2013, No. 13).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 6.5 - Financial Examinations of Derivative Transactions › Article 1 - Conflicts of Interest › Section 2690.90 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Insurance Code section
					 1211
					 authorizes a domestic incorporated insurer to engage in derivative
					 transactions, as defined, subject to specified conditions.
Subsection (
l
) of section
					 1211 provides that the
					 Commissioner may adopt rules and issue guidelines establishing standards and
					 requirements relative to practices authorized by section
					 1211. In connection with any of
					 the actions contemplated by section
					 1211 to be taken by the
					 Commissioner, including review of an insurer's written guidelines with respect
					 to derivative transactions and review of the documentation maintained by an
					 insurer with respect to derivative transactions, the Commissioner may deem the
					 actions to be an examination of an insurer subject to the provisions of
					 sections 730 to
					 738, inclusive.
Further, subsection (
l
) requires the
					 Commissioner to issue regulations establishing requirements regarding the
					 disclosure of affiliations and conflicts of interest between an insurer and the
					 person(s) assigned to perform such examinations.
1. New
					 subchapter 6.5, article 1 (sections
					 2690.90-2690.94) and section filed
					 12-19-2006; operative 1-18-2007 (Register 2006, No.
					 51).
Note: Authority cited: Section
						1211(l),
						Insurance Code. Reference: Sections
						730,
						733,
						734,
						734.1,
						735,
						735.5,
						736,
						737 and
						1211,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 6.5 - Financial Examinations of Derivative Transactions › Article 1 - Conflicts of Interest › Section 2690.91 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of section
					 2690.94, the following terms shall
					 have the respective meanings hereinafter set forth:
(a) "Investment Consultant" shall refer, as
				  appropriate, to either a natural person or a company engaged in the evaluation
				  and assessment of derivative transactions, assigned by the Commissioner to
				  perform the work authorized under section
				  1211.
(b) "Affiliate" or "affiliation" is defined
				  as follows:
(1) Parent subsidiary. A parent
				  subsidiary relationship exists when one corporation directly or indirectly owns
				  shares possessing more than 10 percent of the voting power of another
				  corporation.
(2) Otherwise related
				  business entity. Business entities, including corporations, partnerships, joint
				  ventures and any other organizations and enterprises operated for profit, which
				  do not have a parent subsidiary relationship are otherwise related if any one
				  of the following three tests is met:
(A) One
				  business entity has a controlling ownership interest in the other business
				  entity.
(B) There is shared
				  management and control between the entities. In determining whether there is
				  shared management and control, consideration shall be given to the following
				  factors:
1. The same person or substantially
				  the same person owns and manages the two entities;
2. There are common or commingled funds or
				  assets;
3. The business entities
				  share the use of the same offices or employees, or otherwise share activities,
				  resources or personnel on a regular basis;
4. There is otherwise a regular and close
				  working relationship between the entities;
(C) A controlling owner (50% or greater
				  interest as a shareholder or as a general partner) in one entity also is a
				  controlling owner in the other entity.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 6.5 - Financial Examinations of Derivative Transactions › Article 1 - Conflicts of Interest › Section 2690.92 - Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to assigning an Investment Consultant to conduct
					 examinations of matters authorized by section
					 1211, the Department of Insurance
					 shall require the Investment Consultant to complete the Conflict of Interest
					 and Disclosure of Affiliation Form.
1. New
					 section filed 12-19-2006; operative 1-18-2007 (Register 2006, No.
					 51).
Note: Authority cited: Section
						1211(l),
						Insurance Code. Reference: Section
						1211,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 6.5 - Financial Examinations of Derivative Transactions › Article 1 - Conflicts of Interest › Section 2690.93 - Confidentiality

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Conflict of Interest and Disclosure of Affiliation Form
					 shall be confidential in accordance with Insurance Code section
					 735.5(c).
1. New
					 section filed 12-19-2006; operative 1-18-2007 (Register 2006, No.
					 51).
Note: Authority cited: Sections
						735.5(c)
						and
						1211(l),
						Insurance Code. Reference: Section
						1211,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7 - Insurance Adjusters › Article 1 - Classification of Licensees › Section 2691 - Classes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Licenses shall be classified according to the nature of the
					 business entity and according to the general or usual nature of the business
					 conducted, or to be conducted, determined by the usual clientele of the
					 licensee.
(a) Classes, according to
				  the nature of the business entity are:
(1)
				  Individual;
(2)
				  Partnership;
(3)
				  Corporation;
(4) Unincorporated
				  association.
Unincorporated associations include all associations other
					 than partnerships and corporations and shall not be licensed unless each member
					 or associate thereof is licensed in the same
					 capacity.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7 - Insurance Adjusters › Article 2 - License Applications › Section 2691.1 - Change in Legal Entity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A change in the organization of a licensee which results in
					 a legal entity other than the one licensed requires the filing of an original
					 license application for the new legal entity, and for such branch office
					 licenses as may be applicable, and payment of the fee required for such
					 original license and branch office licenses.
Note: Authority cited: Section
						14013
						(c) and
						14097
						(e), Insurance Code. Reference: Section
						14013
						(c) and
						14027,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7 - Insurance Adjusters › Article 2 - License Applications › Section 2691.2 - Disclosure of Ten Percent Ownership Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every application for a license shall disclose, in addition
					 to those matters required by statute, the full name and residence address of
					 each person who directly or indirectly owns, controls, holds with power to
					 vote, or holds proxies representing, ten percent or more of the voting
					 securities of the licensee.
Note: Authority cited: Section
						14013,
						14023,
						14024
						(h) and
						14025
						(d), Insurance Code. Reference: Sections
						14029
						(b)(2) and
						14039 (a) and
						(c), Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7 - Insurance Adjusters › Article 2 - License Applications › Section 2691.3 - Ten Percent Owners Must Meet Certain Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commissioner may, in addition to other grounds set
					 forth in the Insurance Code, deny an application or suspend or revoke the
					 license, if a person who directly or indirectly owns, controls, holds with
					 power to vote, or holds proxies representing ten percent or more of the voting
					 securities of the applicant or licensee does not meet the qualifications for
					 such license which are set forth in Insurance Code Sections
					 14028 and
					 14061.
Note: Authority cited: Section
						14013,
						14025
						(d), Insurance Code. Reference: Sections
						14028 and
						14061,
						Insurance Code.