House Bill No. 6885
House Bill No. 6885
PUBLIC ACT NO. 97-127
AN ACT TO REPEAL INSURANCE CHARTER REQUIREMENTS
THROUGH THE LEGISLATURE.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 33-1035 of the general statutes is
repealed and the following is substituted in lieu
thereof:
(a) A corporation may be formed under
sections 33-1000 to 33-1290, inclusive, for the
conduct of any affairs or the promotion of any
purpose which may be lawfully carried on by a
corporation except that of a bank and trust
company, savings bank or savings and loan
association, provided where, by any other section
or sections of the general statutes, provision is
made for the formation of a designated class or
classes of corporations, such corporations shall
be formed under said section or sections and not
under sections 33-1000 to 33-1290, inclusive.
(b) [No] EXCEPT AS PROVIDED IN SUBSECTION (f)
OF THIS SECTION, NO corporation formed under
sections 33-1000 to 33-1290, inclusive, shall, or
shall have power to, transact in this state the
business of an insurance company or a surety or
indemnity company, railroad company, telegraph
company, gas, electric light or water company, or
of any company requiring the right to take and
condemn lands or to occupy the public highways of
this state.
(c) Nothing in sections 33-1000 to 33-1290,
inclusive, shall be construed to authorize a
corporation formed under said sections to conduct
any affairs except in compliance with any laws of
this state regulating or otherwise applying to the
same. The provisions of said sections govern all
corporations, but notwithstanding the provisions
of said sections, where by law special provisions
are made in the case of a designated class or
classes of corporations governing the corporate
procedure thereof in any respect, limiting or
extending the powers thereof, conditioning action
upon the approval of any agency of the state, or
otherwise prescribing the conduct of such
corporations, such procedure, powers, action and
conduct shall be governed by such special
provisions whether or not such corporations are
formed under said sections.
(d) Nothing in this section shall prohibit
the formation of a corporation under sections
33-1000 to 33-1290, inclusive, for the conduct of
any affairs or for the promotion of any purpose in
any other state if not prohibited by the laws
thereof.
(e) Except as otherwise provided in section
38a-153, nothing in sections 33-1000 to 33-1290,
inclusive, other than the provisions of section
33-1036, shall be construed to apply to any
corporation incorporated under any provision of
the special acts, other than a savings bank, which
is or may be authorized to transact in this state
the business of an insurance company.
(f) NO CORPORATION MAY BE FORMED PURSUANT TO
THIS CHAPTER FOR THE PURPOSE OF TRANSACTING THE
BUSINESS OF AN INSURANCE COMPANY OR A SURETY OR
INDEMNITY COMPANY UNLESS, AT THE TIME OF THE
FILING OF ITS CERTIFICATE OF INCORPORATION, THERE
IS ALSO FILED A CERTIFICATE ISSUED BY THE
INSURANCE COMMISSIONER, PURSUANT TO SECTION
38a-41a, AUTHORIZING THE FORMATION OF THE
CORPORATION. NO CORPORATION FORMED UNDER THIS
CHAPTER SHALL HAVE THE POWER TO TRANSACT IN THIS
STATE THE BUSINESS OF AN INSURANCE COMPANY OR A
SURETY OR INDEMNITY COMPANY UNTIL IT HAS PROCURED
A LICENSE FROM THE INSURANCE COMMISSIONER IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 38a-41.
Approved June 6, 1997