thority granted, and send by mail to such company, addressed to it at its principal place of business, or deliver to it, a notice of such revocation and cause a copy of such notice together with the proof of service to be filed in his office.

Enacted March 8, 1907; stats. 1907, p. 152.

Restoration of authority after revocation.

§ 603a. If any insurance company (whose certificate of authority has been revoked by the insurance commissioner on the ground that such company is insolvent) within ninety days after the receipt of the notice of revocation, shall repair its capital to such an extent that such company is solvent within the provisions of section six hundred and two (602) of the Political Code, then upon such fact being made to appear to the insurance commissioner, he may issue a new certificate of authority in the same manner and to the same effect as an original certificate of authority.

New section; added April 15, 1909; stats. 1909, p. 913; in effect in sixty days.

NOTE. § 603a. See note to § 600a.

Report to attorney general.

§ 604. When the insurance commissioner ascertains that any insurance corporation organized under the laws of this state is insolvent he must certify such fact to the attorney general. Upon receipt of such certificate so made by the insurance commissioner, the attorney general must commence an action against such company under the provisions of chapter V, title X, part II of the Code of Civil Procedure. If on the trial of any such action it appears to the court that such company is insolvent, before causing judgment to be entered, the court may direct the corporation and the officers thereof to levy an assessment on the capital stock sufficient to enable the defendant corporation to pay its debts and in such order shall give full directions as to the manner of levying such assessment and the amount thereof, and such assessment must be levied before judgment is entered. In all other respects the relief awarded against the defendant company shall be the same as provided in said chapter five of the Code of Civil Procedure. Any receiver thereafter appointed to liquidate the affairs of such company, shall have full power to bring such actions as may be necesssary for the purpose of recovering the amounts of the assessments levied as herein provided. In any action commenced pursuant to the provisions of

this section the court shall have power to authorize the defendant insurance company, or the receiver appointed to liquidate the affairs of such company, to reinsure all or any part of the business theretofore written by such company.

Amended April 15, 1909; stats. 1909, p. 916; in effect in sixty days.

Insolvency proceedings.

§ 604a.

When the insurance commissioner shall have revoked the certificate of authority authorizing any insurance company, not a corporation, to do business on the ground that such company is insolvent, any person or persons may commence insolvency proceedings against such company. Such proceedings must be done, had, and taken in all respects as provided by the then existing insolvency laws of the state.

Enacted March 8, 1907; stats. 1907, p. 153.

Fees of commissioner.

§ 605. The commissioner must require in advance, in United States gold coin, the following fees: (1) For filing papers required under either of subdivisions two or three or four of section 607 of the Political Code, fifty-five dollars; (2) for filing papers required under subdivision five of section 607 of the Political Code on account of change or changes made at one time, ten dollars; (3) for filing annual statement required to be filed, twenty dollars; (4) for filing bond under section 623 of the Political Code, five dollars; (5) for filing appointment of agent or stipulation or both appointment and stipulation under section 616 of the Political Code, five dollars; (6) for filing each certificate of deposit of securities under section 594a of the Political Code, five dollars; (7) for furnishing copies of papers filed in his office, twenty cents per folio; (8) for certifying copies, one dollar each; (9) for each certificate issued, as provided in section 619 of the Political Code, five dollars; (10) for registering each policy as provided by section 634 of the Political Code, one dollar; (11) for issuing each annual certificate of authority authorizing any insurance company to transact business in this state, ten dollars; (12) for issuing each annual license under section 633 of the Political Code to an agent or solicitor, one dollar; (13) for issuing each annual license under section 633 a of the Political Code to an insurance broker, ten dollars; (14) for attaching the seal of office to any paper or document

not herein specified, one dollar; (15) for issuing any other certificate, two dollars.

Amended April 15, 1909; stats. 1909, p. 917; in effect in sixty days.

Assessments.

§ 606. If the salary of the commissioner and the expenses of his office exceed the fees and charges collected by him, such excess must be annually assessed by the commissioner upon all persons or corporations engaged in the business of insurance in this state, and they are severally liable therefor, pro rata, according to the amount of premiums received or receivable from risks taken in this state, respectively, during the year ending on the thirty-first day of December next preceding the assessment. The commissioner must collect all fees and assessments, and pay monthly into the state treasury whatever amounts may be received and collected by him. If any insurance company neglects or refuses to pay the amount of any such assessments within ten days after demand thereof in writing by the insurance commissioner, the commissioner may revoke the certificate of authority previously granted and commence an action to recover such assessment.

Enacted March 8, 1907; stats. 1907, p. 154.

What papers companies must file with commissioner.

§ 607. The commissioner must cause every company, before engaging in the business of insurance, to file in his office as follows:

1. If incorporated under the laws of this state, a copy of the articles of incorporation certificate of any increase or diminution of the capital stock, certified by the secretary of state to be a copy of that which is filed in his office.

2. If incorporated under the laws of any other state or country, a copy of the articles of incorporation, if organized or formed under any law requiring articles to be filed, duly certified by the officer having the custody of such articles; or if not so organized, a copy of the law, charter, or deed or settlement under which the deed of organization is made, duly certified by the proper custodian thereof, or proved by affidavit to be a copy; also, a certificate under the hand and seal of the proper officer of such state or country having supervision of insurance business therein, that such corporation or company is organized under

the laws of such state or country, with the amount of capital stock or assets required by this article.

3. If not incorporated, a certificate setting forth the nature and character of the business, the location of the principal office, the names of the persons and of those composing the company, firm, or association, the amount of actual capital employed or to be employed therein, and the names of all officers and persons by whom the business is or may be managed. The certificate must be verified by the affidavit of the chief officer, secretary, agent, or manager of the company; and if there are any written articles of agreement or company, a copy thereof must accompany such certificates; provided, however, when the number of persons composing such company shall exceed ten, such certificate need not state the names of any greater number of persons than ten, who shall be the largest owners; and if such company be formed out of the United States, the said certificate need not contain the names of any officers or managers other than those resident within the United States, nor any statement of capital not employed within the United States, and the affidavit must be made by the chief executive officer or manager in the United States.

When by any law, agreement, or other instrument, any change is made in respect to the particulars set forth in any certificate hereinabove mentioned, a certified copy of such law, agreement, or other instrument must be filed by such insurance company with the insurance commissioner.

Enacted March 8, 1907; stats. 1907, p. 154.

VII Cal. App. Dec. 5.

Actions not to be transferred to United States courts.

§ 608. If any foreign insurance company doing business in this state shall transfer or cause to be transferred to the United States circuit court from any court of this state having jurisdiction of the subject-matter, any action or special proceeding arising or growing out of any business previously transacted in this state, then the insurance commissioner shall have the power and it shall be his duty upon receiving a certified copy of the record showing the facts hereinabove set forth to immediately revoke the certificate of authority authorizing such company to transact insurance business in this state.

Enacted March 8, 1907; stats. 1907, p. 155.

VII Cal. App. Dec. 3, 4.

Approval of name of company.

$ 609. The commissioner must require the name under which any company hereafter proposes to be formed or organized under the laws of this state, for the transaction of insurance business, to be submitted to him before the commencement of such business; and he may reject any name or title so submitted when the same is an interference with or too similar to one already appropriated, or likely to mislead the public in any respect; and in such case a name not liable to such objection must be chosen.

Enacted March 8, 1907; stats. 1907, p. 155.

Statements to be verified.

$610. The commissioner must require statements and reports to be verified as follows: (1) If it be made by a corporation organized under the laws of this state, by the oaths of any two of the executive officers thereof; (2) If it be made by an individual or firm, by the oath of such individual or member of the firm; (3) If made by a foreign insurance company, or person, by the oath of the principal executive officer thereof, or manager residing within the United States.

Enacted March 8, 1907; stats. 1907, p. 155.

Annual statements of companies.

§ 611. All companies doing business in this state must make and file with the insurance commissioner, on or before the first day of March of each year, statements which must exhibit the condition and affairs of every such company, on the thirty-first day of December then next preceding, which statements, as adjusted by the commissioner upon a proper examination of the same, must be published by such company daily, for the period of one week, in some newspaper published in the city where the principal office in this state is located.

Enacted March 8, 1907; stats. 1907, p. 155.

VII Cal. App. Dec. 5.

What statements must show.

§ 612. Such statement, if made by other than life insurance companies, must show :

First-The amount of the capital stock of the company.

Second-The property or assets held by the company, specifying: (1) The value of real estate held by said company; (2) The amount of cash on hand and deposited in banks to the