MCA Chapter 15

in effect

Miss. Code Ann. § 83-15-1 Formation of company.

Companies may be formed in the same manner provided in this chapter for the purposes of abstracting title to real estate, furnishing information in relation thereto, and insuring owners and others interested therein against loss by reason of incumbrances and defective titles. Such companies shall not be subject to the provisions of this chapter except as regards the manner of their formation as follows, to wit: Any company, before it shall issue any policy of insurance or guaranty, shall file with the insurance commissioner a certified copy of the record of the certificate of its organization in the office of the secretary of state, and shall obtain from the commissioner of insurance his certificate that it has complied with the laws applicable to it and is authorized to do such business. Every corporation which issues policies of title insurance or guaranty shall, on or before the first day of March of each year, file in the office of the insurance commissioner a statement such as he may require, of its condition and of its affairs for the year ending on the preceding thirty-first of December, signed and sworn to by its president, secretary, treasurer, or one of its directors; and for neglect to file such annual statement shall be liable to the same penalties as are imposed upon insurance companies generally.

Miss. Code Ann. § 83-15-3 License; continuous agent certificate.

The commissioner shall annually license such companies as issue policies of title insurance or contracts of guaranty and issue continuous agent certificates as prescribed in Sections 83-5-73 and 83-17-5, Mississippi Code of 1972, and shall have the same power and authority to visit and examine such companies as he has in the case of domestic insurance companies. But persons licensed as fire insurance agents and persons who are practicing attorneys at law may act as agent for any such company without additional license.

Miss. Code Ann. § 83-15-5 Capital requirements.

A corporation created as herein provided shall not issue any title insurance policy until it has capital of not less than One Hundred Fifty Thousand Dollars ($150,000.00) and surplus of not less than Seventy-five Thousand Dollars ($75,000.00). The total amount of any policy issued by such corporation without reinsurance shall not exceed fifty percent (50%) of the capital and surplus of the company, as reflected by its latest statement to the commissioner. In transactions where a primary risk is carried by another title insurance company, a domestic title insurance company may issue its reinsurance or coinsurance for an amount not exceeding its capital and surplus. A corporation created as herein provided shall deposit with the State Treasurer fifty percent (50%) of its capital stock, either in cash or in such bonds or securities in which the company is authorized by law to invest its funds. Upon such deposit and evidence, by affidavit or otherwise, satisfactory to the Commissioner of Insurance that the capital and surplus is all paid in and that the company is the actual and unqualified owner of the securities representing the paid-up capital and surplus, he shall issue to the company his certificate authorizing it to transact business in this state.

Miss. Code Ann. § 83-15-7 Reserve for losses.

A corporation created as provided in this chapter shall establish and maintain a reserve for losses in an amount which shall be not less than (1) ten percent (10%) of the amount of all premiums received by the corporation on and after January 1, 1952, or (2) Fifty Thousand Dollars ($50,000.00) whichever is the lesser.

Miss. Code Ann. § 83-15-9 Reserve for unearned premiums and reinsurance.

A corporation created as provided in this chapter shall establish, segregate and maintain, in addition to the reserve for losses as provided in Section 83-15-7, a reserve for unearned premiums and reinsurance during the period hereinafter provided, which shall at all times and for all purposes be deemed and shall constitute unearned portions of the original premiums and shall be charged as a reserve liability of such corporation in determining its financial condition. The assets constituting the unearned premium reserve shall be withdrawn from the use by the corporation for its general purposes, shall be impressed with a trust for the benefit of the corporation’s title insurance policyholders, and shall be available for reinsurance of title insurance policies in the event of the insolvency of the corporation. The income from such unearned premium reserve shall be included in the general income of the corporation and may be used by such corporation for any lawful corporate purposes. The unearned premium reserve of every corporation shall be cumulative and shall consist of: An amount equal to the unearned premium reserve previously required to be held pursuant to Section 83-15-9 as of March 4, 1977; The amount of all additions required to be made to such reserve by this section; and less The withdrawals from such reserve as required by this section. On the last day of each month after March 4, 1977, each corporation shall add to its unearned premium reserve, with respect to each title insurance policy or contract or reinsurance agreement issued by it, a sum equal to ten percent (10%) of all premiums received during such month. The amounts set aside as additions to such unearned premium reserve shall be deducted in determining the net income of the corporation. Upon the expiration of one hundred eighty (180) months after the month of the issuance of each title insurance policy, contract or reinsurance agreement that portion of the assets of the unearned premium reserve attributable to said title insurance policy, contract or reinsurance agreement shall be released and withdrawn from said reserve, shall no longer constitute part of said reserve, shall be included in the income of the corporation, and may then be used by the corporation for any lawful corporate purposes.

Miss. Code Ann. § 83-15-11 State and political subdivisions may secure title insurance.

The State of Mississippi, its agencies, special districts, counties, municipalities, commissions, and other public bodies authorized by law to acquire real estate, or an interest in real estate, hereafter acquiring real estate or an interest in real estate are hereby authorized, in their discretion, to secure the protection of title insurance from companies qualified to do business in this state. The action of any such public body which heretofore has secured the protection of such title insurance is hereby ratified, approved, and confirmed. The authority hereby conferred to such public bodies by this section shall be limited to real estate or an interest in real estate hereafter acquired by such public bodies in the furtherance of any BAWI, port, housing, industrial program, or other development authorized by law.