(3) Every company subject to the provisions of this Article and
organized on or after July 15, 1959,
shall have and at all times maintain a minimum surplus in an amount equal
to 2/3 of the original surplus required by subsections (1) and (2),
provided, however, that any such company organized prior to July 15,
1959, shall have and at all times maintain a
minimum surplus in an amount equal to that which would have been required
immediately prior to July 15, 1959.
(4) All companies operating under this Article XVI and authorized to
transact any of the types of business enumerated in clause (b) of Class 1
of Section 4, in addition to the minimum surplus required by paragraph (3)
of this Section, shall have and at all times maintain an additional minimum
surplus of not less than $250,000.
(5) The Director shall take action under Section 401.1 against any company
which fails to maintain the additional minimum surplus required by this
Section. "Minimum surplus" means the "surplus as regards policyholders",
as it appears on the annual statement of an assessment company on the annual
statement form prescribed by the National Association of Insurance
Commissioners.
(Source: P.A. 91-357, eff. 7-29-99.)
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