Cal. Code Regs. tit. 10 § 2603.10

Current through Register 2024 Notice Reg. No. 24, June 14, 2024
Section 2603.10 - Verification

Insurance Code Section 834 requires that the application shall be verified as required by the Code of Civil Procedure. All material information submitted shall be verified; otherwise it may be regarded as having no probative value.

When an application is executed in this state or in another state whose law is similar to the California statute on the subject, the truth of the allegations made may either be verified under oath or certified to under penalty of perjury (Code of Civil Procedure Sections 446 and 2015.5); otherwise, it shall be duly sworn to under oath before a public officer lawfully authorized to administer oaths and the public officer's certificate evidencing such fact shall be attached thereto. Applications and reports of transaction not verified in accordance with law will be rejected.

An acceptable form of California verification is:

"State of California)
) ss
County of San Mateo)

John Smith, the undersigned, hereby certifies under penalty of perjury that he is the President of ABC Insurance Company, applicant in the foregoing application; that he has read the said application and knows the contents thereof and that the same are true of his own knowledge.

Dated this __________ day of __________, 19__, at Redwood City, California.

/s/ John Smith___________

/t/John Smith, President"

An acceptable form of verification by a foreign applicant is as follows:

"State of Illinois)
)ss
County of Cook)

John Smith, first being duly sworn, deposes and says that he is the President of ABC Insurance Company, applicant in the foregoing application; that he has read the said application and knows the contents thereof and that the same are true of his own knowledge.

/s/ John Smith__________

/t/John Smith, President

Subscribed and sworn to before me this __________day of __________,19___.

/s/__________ (Notarial Seal) Notary Public in and for said County and State

My commission expires__________"

The examples set forth above do not forbid verification of certain allegations on the basis of affiant's information and belief where this is permissible according to all; nor do they preclude verification by an attorney at law under the circumstances and in the manner provided by law; but an application containing allegations requiring proof before a permit is issued and verified wholly on the basis of information and belief will not be accepted; or, if accepted, will not be acted on favorably without independent satisfactory proof of the essential allegations thereof and the pertinent supporting data.

Cal. Code Regs. Tit. 10, § 2603.10

1. Change without regulatory effect amending second paragraph filed 7-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 29). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
1. Change without regulatory effect amending second paragraph filed 7-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 29). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.