Tex. Ins. Code Section 228.302
Decertification of Certified Capital Company


(a)

A material violation of Section 228.105 (Continuation of Certification), 228.106 (Reports to Comptroller; Audited Financial Statement), 228.107 (Renewal Fee; Late Fee; Exception), 228.151 (Required Schedule of Investment), 228.152 (Investment in Early Stage Business Required), 228.153 (Investment in Strategic Investment Business Required), 228.154 (Certified Capital Not Invested in Qualified Investments), 228.155 (Computation of Amount of Investments), 228.156 (Limit on Qualified Investment), 228.202 (Relocation of Principal Business Operations), or 228.204 (Continuation of Classification as Qualified Business; Follow-on Investments Authorized) is grounds for decertification of a certified capital company.

(b)

If the comptroller determines that a certified capital company is not in compliance with a law listed in Subsection (a), the comptroller shall notify the company’s officers in writing that the company may be subject to decertification after the 120th day after the date the notice is mailed unless the company:

(1)

corrects the deficiencies; and

(2)

returns to compliance with the law.

(c)

The comptroller may decertify a certified capital company, after opportunity for hearing, if the comptroller finds that the company is not in compliance with a law listed in Subsection (a) at the end of the period established by Subsection (b).

(c-1)

Notwithstanding any other provision of this section, the comptroller may decertify a certified capital company if the comptroller receives a request in writing from the certified capital company stating that the certified capital company has made qualified investments in an amount cumulatively equal to 100 percent of the company’s certified capital.

(d)

Decertification under this section is effective on receipt of notice of decertification by the certified capital company.

(e)

The comptroller shall notify any appropriate state agency of a decertification of a certified capital company.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1B.001, eff. April 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 53 (H.B. 3031), Sec. 1, eff. May 21, 2015.

Source: Section 228.302 — Decertification of Certified Capital Company, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­228.­htm#228.­302 (accessed Apr. 29, 2024).

228.001
General Definitions
228.002
Definition of Affiliate
228.051
Administration by Comptroller
228.052
Rules
228.053
Report to Legislature
228.054
Promotion of Program
228.101
Application for Certification
228.102
Qualification
228.103
Management by and Certain Ownership Interests of Insurance Entities Prohibited
228.104
Action on Application
228.105
Continuation of Certification
228.106
Reports to Comptroller
228.107
Renewal Fee
228.108
Offering Material Used by Certified Capital Company
228.151
Required Schedule of Investment
228.152
Investment in Early Stage Business Required
228.153
Investment in Strategic Investment Business Required
228.154
Certified Capital Not Invested in Qualified Investments
228.155
Computation of Amount of Investments
228.156
Limit on Qualified Investment
228.157
Distributions by Certified Capital Company
228.158
Repayment of Debt
228.201
Definition of Qualified Business
228.202
Relocation of Principal Business Operations
228.203
Evaluation of Business by Comptroller
228.204
Continuation of Classification as Qualified Business
228.251
Premium Tax Credit
228.252
Limit on Premium Tax Credit
228.253
Premium Tax Credit Allocation Claim Required
228.254
Total Limit on Premium Tax Credits
228.255
Allocation of Premium Tax Credit
228.256
Treatment of Credits and Capital
228.257
Transferability of Credit
228.258
Impact of Premium Tax Credit on Insurance Ratemaking
228.259
Retaliatory Tax
228.301
Annual Review by Comptroller
228.302
Decertification of Certified Capital Company
228.303
Administrative Penalty
228.351
Recapture and Forfeiture of Premium Tax Credit Following Decertification
228.352
Notice of Recapture and Forfeiture of Premium Tax Credit
228.353
Indemnity Agreements and Insurance Authorized

Accessed:
Apr. 29, 2024

§ 228.302’s source at texas​.gov