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 credit of the company, specifying the same; (3) The amount of cash in the hands of agents, and in course of transmission; (4) The amount of loans secured by bonds and mortgages, constituting the first lien on real estate, on which there is less than one year's interest due or owing; (5) The amount of loans on which interest has not been paid within one year previous to such statement; (6) The amount due the company upon which judgments have been obtained; (7) The amount of stocks of this state, of the United States, or any incorporated city of this state, and of any other stocks owned by the company, specifying the amount, number of shares, and par and market value of each kind of stocks; (8) The amount of stocks held as collateral security for loans, with the amount loaned on each kind of stock, its par value and its market value; (9) The amount of interest due and unpaid; (10) The amount of all other loans made by the company, specifying the same; (11) The amount premium notes on hand on which policies are issued; (12) All other property belonging to the company, specifying the same. Third-The liabilities of such company, specifying: (1) The amount of losses due and unpaid; (2) The amount of claims for losses resisted by the company; (3) The amount of losses in process of adjustment or in suspense, including all reported or supposed losses; (4) The amount of dividends declared, due, and remaining unpaid; (5) The amount of dividends declared, but not due; (6) The amount of money borrowed and security given for the payment thereof; (7) Gross premium (without any deductions) received and receivable upon all unexpired fire risks running one year or less from date of policy, reinsurance thereon at fifty per cent; (8) Gross premiums (without any deductions) received and receivable upon all unexpired fire risks running more than one year from the date of policy, reinsurance thereon pro rata; (9) Gross premiums (without any deductions) received and receivable upon all unexpired marine and inland navigation risks, except time risks, reinsurance thereon at one hundred per cent; (10) Gross premiums (without any deductions) received and receivable on marine time risks, reinsurance thereon at fifty per cent; (11) Amount reclaimable by the insured on perpetual fire insurance policies, being ninety-five per cent of the premiums or deposits received; (12) Reinsurance fund and all other liabilities, except capital; (13) Unused balances of bills and notes taken in advance for premiums on open marine and inland policies, or otherwise, returnable on settlement; (14) Principal unpaid on scrip or certificates of profits, which have been authorized or ordered to be redeemed; (15) Amount of all other liabilities of the company, specifying the same. Fourth-The income of the company during the preceding year; specifying: (1) The amount of cash premiums received; (2) The amount of notes received from premiums; (3) The amount of interest money received, specifying the same; (4) The amount of income received from all other sources, specifying the same. Fifth-The expenditures of the preceding year, specifying: (1) The amount of losses paid; (2) The amount of dividends paid; (3) The amount of expenses paid, including commissions and fees to agents and officers of the company; (4) The amount paid for taxes; (5) The amount of all other payments and expenditures. Sixth (1) The amount of risks written during the year; (2) The amount of risks expired during the year; (3) The amount of risks written during the year in the State of California; (4) The amount of premiums thereon. Provided, that any foreign fire, marine, or inland insurance company, incorporated or not incorporated, doing business within this state, shall return only the business done in the United States and the assets of the company situated in the United States and held for the protection of the policyholders of the company who are residents of the United States, except that any further returns requested from time to time by the insurance commissioner must be made. Enacted March 8, 1907; stats. 1907, p. 155. VII Cal. App. Dec. 5. Statements of life, health, and accident companies. § 613. Such statement, if made by life, health, and accident companies, must show: CAPITAL. First-The amount of the capital stock of the company. ASSETS. Second-The property or assets held by the company, specifying (1) The value of the real estate held by the company; (2) The amount of cash on hand and deposited in banks to the credit of the company, specifying the same; (3) The amount of loans secured by bond and mortgage on real estate, specifying the same; (4) Amount of loans secured by pledge of bonds, stocks, or other marketable securities as collateral, specifying the same; (5) Cash market value of all stocks and bonds owned by the company, specifying the same; (6) Interest due the company and unpaid; (7) Interest accrued, but not due; (8) Premium notes and loans in any form taken in payment of premiums on policies now in force; (9) Gross amount of premiums in process of collection and transmission on policies in force; (10) Gross amount of deferred premiums; (11) All other assets, specifying the same. LIABILITIES. Third (1) Claims for death losses and matured endowments due and unpaid; (2) Claims for death losses and matured endowments in process of adjustment or adjusted and not due; (3) Claims resisted by the company; (4) Amounts due and unpaid on annuity claims; (5) Trust funds on deposit or net present value of all outstanding policies, computed according to the American Experience Table of Mortality, with interest at the rate of four and one half per cent per annum upon all outstanding risks written prior to January 1st, 1892, and according to the Combined Experience or Actuaries' Table of Mortality with interest at the rate of four per cent per annum upon all outstanding risks written from and after the 31st day of December, 1891, up to and including the 31st day of December, 1907, and according to the American Experience Table of Mortality with interest at the rtae of three and one half per cent per annum upon all outstanding risks written from and after December 31st, 1907; (6) Additional trust fund on deposit, or net present value of extra and special risks, including those on impaired lives; (7) Amount of all unpaid dividends of surplus percentage, bonuses, and other description of profits to policyholders, and interest thereon; (8) Amount of any other liability to policyholders or annuitants not included above. INCOME. Fourth (1) Cash received for premiums on new policies during the year; (2) Cash received for renewal of premiums during the year; (3) Cash received for purchase of annuities; (4) Cash received for all other premiums; (5) Cash received |