Title 33, Chapter 14, Section 5
( 33-14-5)
(a) The application for charter with any and all exhibits that may
be included with the application shall be filed in triplicate in the
office of the Commissioner of Insurance and a fee of $100.00 shall
be paid to the Commissioner to be paid by him or her into the state
treasury. The Commissioner shall not receive the application until
the fee shall be paid. (b) Immediately upon receipt of the triplicate copies of the
application, with any and all exhibits included with the
application, the Commissioner shall certify one of the copies of the
application and deliver the same to the applicants and the same
shall be published by the applicants once a week for four weeks in
the newspaper in which is published the legal advertisements of the
county where the principal office of the company is to be located.
When the application with any and all exhibits attached to it shall
have been published once a week for four weeks, the applicants may
apply to the judge of the probate court of the county to certify the
fact of such publication, which certificate shall be filed by the
applicants in the office of the Commissioner of Insurance. (c) The Commissioner shall approve or disapprove the application
within 45 days of the date the application is received by the
Commissioner. (d) The Commissioner shall examine the application to determine
whether the charter, if granted, will enable the insurer to comply
with the applicable insurance laws of this state; and, if the
Commissioner finds that the charter, if granted, will enable the
insurer to comply with the applicable provisions of law for carrying
on the business for which incorporation is sought, the Commissioner
shall issue under his or her hand and official seal a certificate
approving the granting of the charter for such insurer and shall
transmit a copy of the certificate of approval to the Secretary of
State. (e) If the Commissioner finds that the proposed application for a
charter does not comply with the law, or that the corporation, if
organized, could not meet the requirements for a certificate of
authority as set forth in this chapter or any other provision of
this title, the Commissioner shall refuse to approve the application
for charter and shall notify the incorporators in writing, as to his
or her reasons for such failure to approve; and the Commissioner
shall issue under his or her hand and official seal a certificate
disapproving the granting of the charter for such insurer. |