Section 21.66.210. Joint plant companies.

   (a) Two or more title insurance companies or two or more title insurance limited producers, or a combination of title insurance companies and title insurance limited producers, may apply to the director of insurance to form an association, corporation, or other legal entity, for the purpose of engaging in the business of preparing abstracts of title searches from public records or from records to be owned by the entity, upon the basis of which a title insurance limited producer or a title insurance company will issue title policies. The owners or participants are considered to be in compliance with the provisions of this section and AS 21.66.200 if the title plant of the association, corporation, or other legal entity complies with the provisions of this section. The application must contain
        (1) a copy of the proposed articles of incorporation or association and the bylaws or agreement governing the operation of the entity;
        (2) a list of the owners or participants;
        (3) the names and addresses of the persons who will operate the entity, with a description of their experience and qualifications;
        (4) the conditions under which ownership or participation in the entity may be sold or acquired;
        (5) a statement of whether or not title information will be compiled and sold to persons other than owners of or participants in the entity;
        (6) a pro forma balance sheet and other financial information to indicate the sufficiency of financing the entity; and
        (7) basic information, including the joint title plant name, the physical address, the mailing address, the electronic mailing address, and telephone numbers.
   (b) If the director finds that (1) the entity will be adequately financed, (2) the persons who will be operating the entity are qualified and (3) the rules of operation as expressed in the articles of incorporation or association and the bylaws will promote the efficiency of the operation of the subscribing owners or participants and will not unduly restrict competition, the director shall issue a certificate of authority to the entity and permit it to organize.  Each application under this section shall be granted or denied in whole or in part by the director within 60 days from the date it is filed.  A certificate of authority issued under this section remains in effect until suspended or revoked by the director.  The fee for the certificate of authority is set under AS 21.06.250.  The certificate of authority is subject to annual continuation. The fee for continuation is set under AS 21.06.250.  A certificate of authority issued under this section may be suspended or revoked by the director after hearing upon notice if the entity ceases to operate as provided in the application or if the director determines that the operation has become a restraint on competition and is not in the interests of the public. Every entity issued a certificate of authority under this section shall notify the director promptly of every change occurring under this section.

Authorities

21.66.240

Notes

Implemented As

3 AAC 31.060

References

AS 21.66.240 Title plants.

History

(Sec. 6 ch 120 SLA 1974; am Sec. 18 ch 26 SLA 1985; am Sec. 162 ch 67 SLA 1992; am Sec. 51 ch 38 SLA 2002; am Sec. 83 ch 23 SLA 2011)