To be authorized to perform the duties delegated by the commissioner under this chapter and to exercise the authority incidental thereto, an organization must satisfy the requirements of this section.
(a) The organization must be a private, nonprofit organization that has all the following qualifications:
(1) Experience in professional surplus line brokerage, advisory, and regulatory activity in California or whose members possess that experience.
(2) The administrative capability and recordkeeping facilities to process all surplus line filings in California.
(3) The data processing capability and the necessary personnel to perform appropriate security review of all nonadmitted insurers.
(4) The capability to perform the duties that may be delegated by the commissioner under this chapter and to exercise the authority incidental thereto.
(b) An organization that has the qualifications described in subdivision (a) must file with the commissioner all of the following:
(1) A copy of its constitution, its articles of agreement or association, or its certificate of incorporation.
(2) A copy of its bylaws, if any.
(3) A current list of its members.
(4) The name and address of a resident of this state as agent for service of process.
(5) A plan of operation identifying the duties set forth in Section 1780.56 that the organization proposes to perform and describing how the organization will perform those duties.
(6) Any other documents, evidence, or information necessary to show that the organization complies with the provisions of this chapter.
(c) The advisory organization shall file with the commissioner every material change in the documents required by subdivision (b), including every amendment to its plan of operation required by subdivision (d).
(d) The advisory organization’s plan of operation shall be amended whenever necessary to conform to and effectuate the purposes of any amendments to this chapter or to the surplus line law or the regulations pertaining thereto. Further, the plan of operation shall be amended in response to any written request reasonably made by the commissioner to improve the advisory organization’s effectiveness in performing the duties delegated by the commissioner under this chapter. The commissioner’s requests under this subdivision shall be consistent with technical and economic feasibility and established techniques or practices for performing the types of activities encompassed by the duties delegated by the commissioner.
(Added by Stats. 1993, Ch. 1007, Sec. 1. Effective January 1, 1994.)
Last modified: October 25, 2018