California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4 - Insurer Securities Permits › Article 3 - Applications-in General › Section 2603.10 - Verification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Insurance Code Section
					 834
					 requires that the application shall be verified as required by the Code of
					 Civil Procedure. All material information submitted shall be verified;
					 otherwise it may be regarded as having no probative value.
When an application is executed in this state or in another
					 state whose law is similar to the California statute on the subject, the truth
					 of the allegations made may either be verified under oath or certified to under
					 penalty of perjury (Code of Civil Procedure Sections
					 446
					 and
					 2015.5);
					 otherwise, it 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. Applications and reports of
					 transaction not verified in accordance with law will be rejected.
An acceptable form of California verification is:
"State of California
)
) ss
County of San Mateo
)
John Smith, the undersigned, hereby certifies under penalty
					 of perjury that he is the President of ABC Insurance Company, applicant in the
					 foregoing application; that he has read the said application and knows the
					 contents thereof and that the same are true of his own knowledge.
Dated this __________ day of __________, 19__, at Redwood
					 City, California.
/s/ John
					 Smith___________
/t/John Smith, President"
An acceptable form of verification by a foreign applicant
					 is as follows:
"State of Illinois
)
)
ss
County of Cook
)
John Smith, first being duly sworn, deposes and says that
					 he is the President of ABC Insurance Company, applicant in the foregoing
					 application; that he has read the said application and knows the contents
					 thereof and that the same are true of his own knowledge.
/s/ John
					 Smith__________
/t/John Smith, President
Subscribed and sworn to before me this __________day of
					 __________,19___.
/s/
__________ (Notarial Seal) Notary
					 Public in and for said County and State
My commission expires__________"
The examples set forth above do not forbid verification of
					 certain allegations on the basis of affiant's information and belief where this
					 is permissible according to all; nor do they preclude verification by an
					 attorney at law under the circumstances and in the manner provided by law; but
					 an application containing allegations requiring proof before a permit is issued
					 and verified wholly on the basis of information and belief will not be
					 accepted; or, if accepted, will not be acted on favorably without independent
					 satisfactory proof of the essential allegations thereof and the pertinent
					 supporting data.
1. Change
					 without regulatory effect amending second paragraph 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.