SECTIONS 12491-12495 - California Statutes

REVENUE AND TAXATION CODE

SECTION 12491-12495

12491. (a) Every tax levied upon an insurer under Article XIII of
the California Constitution and this part is a lien upon all property
and franchises of every kind and nature belonging to the insurer,
and has the effect of a judgment against the insurer.
(b) (1) Every tax levied upon a surplus line broker under Part 7.5
(commencing with Section 13201) of Division 2 is a lien upon all
property and franchises of every kind and nature belonging to the
surplus line broker, and has the effect of a judgment against the
surplus line broker.
(2) A lien levied pursuant to this subdivision shall not exceed
the amount of unpaid tax collected by the surplus line broker.
(c) (1) Every tax levied upon a Medi-Cal managed care plan under
Chapter 1 (commencing with Section 12001) is a lien upon all property
and franchises of every kind and nature belonging to the Medi-Cal
managed care plan, and has the effect of a judgment against the
Medi-Cal managed care plan.
(2) A lien levied pursuant to this subdivision shall not exceed
the amount of unpaid tax collected by the Medi-Cal managed care plan.
(d) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.

12491. (a) Every tax levied upon an insurer under the provisions of
Article XIII of the California Constitution and of this part is a
lien upon all property and franchises of every kind and nature
belonging to the insurer, and has the effect of a judgment against
the insurer.
(b) (1) Every tax levied upon a surplus line broker under the
provisions of Part 7.5 (commencing with Section 13201) of Division 2
is a lien upon all property and franchises of every kind and nature
belonging to the surplus line broker, and has the effect of a
judgment against the surplus line broker.
(2) A lien levied pursuant to this subdivision shall not exceed
the amount of unpaid tax collected by the surplus line broker.
(c) This section shall become operative on July 1, 2011.

12492. Every lien attaches as of 12:01 a.m. on the first day of
March of the calendar year in which the tax is levied.

12493. (a) Every lien has the effect of an execution duly levied
against all property of a delinquent insurer, surplus line broker, or
Medi-Cal managed care plan.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.

12493. (a) Every lien has the effect of an execution duly levied
against all property of a delinquent insurer or surplus line broker.
(b) This section shall become operative on July 1, 2011.

12494. (a) No judgment is satisfied nor lien removed until either:
(1) The taxes, interest, penalties, and costs are paid.
(2) The insurer's, surplus line broker's, or Medi-Cal managed care
plan's property is sold for the payment thereof.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.

12494. (a) No judgment is satisfied nor lien removed until either:
(1) The taxes, interest, penalties, and costs are paid.
(2) The insurer's or surplus line broker's property is sold for
the payment thereof.
(b) This section shall become operative on July 1, 2011.

12495. No court shall make and enter a final discharge in
bankruptcy or decree of dissolution, nor shall any county clerk or
the Secretary of State file a discharge, decree, or any other
document by which the term of existence of a corporation or surplus
line broker's business is reduced, or a surplus line broker's assets
are transferred to a new owner until all taxes, interest, penalties,
and costs are paid and discharged.