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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>61767</law_id><section_number>38.2-1034</section_number><catch_line>How domestic mutual insurers may acquire initial surplus</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>38.2-1035</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="38.2">Insurance</unit><unit label="chapter" level="2" order_by="1" identifier="10">Organization, Admission and Licensing of Insurers</unit><unit label="article" level="3" order_by="1" identifier="5">Licensing of Insurers</unit></structure><text>
						<section><p>Any domestic mutual <span class="dictionary">insurer</span> or mutual assessment property and casualty <span class="dictionary">insurer</span> may, without pledging any of its <span class="dictionary">assets</span>, provide a guaranty fund sufficient to defray the expenses of its organization and its initial minimum surplus required to obtain a license to do the business of <span class="dictionary">insurance</span>. The fund may be increased with the prior approval of the <span class="dictionary">Commission</span> by receiving advances or by borrowing funds upon an agreement that the funds, including interest at a <span class="dictionary">rate</span> not exceeding the one-year treasury bill interest <span class="dictionary">rate</span> plus three percentage points at the time the loan is made or renewed, shall be repaid only if the <span class="dictionary">insurer</span> has sufficient earned surplus. The agreement shall provide that the <span class="dictionary">insurer</span> may repay the advances or loans or any part of them whenever it is able to do so in accordance with the requirements of this article. No <span class="dictionary">commission</span> or brokerage shall be paid in acquiring the funds. No repayments of principal, either in whole or in part, and no payments of interest, shall be made without the prior written approval of the <span class="dictionary">Commission</span>. Neither the principal advanced or borrowed nor any interest accrued thereon under this provision shall form a part of the legal liabilities of the <span class="dictionary">insurer</span> until the <span class="dictionary">Commission</span> approves the repayment of such principal or the payment of interest thereon. However, all statements published or filed by the <span class="dictionary">insurer</span> shall show accrued interest and the amount of principal remaining unpaid. All claims under the instrument shall be subordinated to policyholder, claimant and beneficiary claims as well as debts owed to all other classes of <span class="dictionary">creditors</span>.</p></section></text><history>Code 1950, &#xA7; 38-512; 1952, c. 317, &#xA7; 38.1-92; 1960, c. 291, &#xA7; 38.1-92.1; 1970, c. 595; 1980, c. 187; 1986, c. 562; 1994, c. 503.</history><metadata></metadata></law>
