Where do I send my Form T-S1 in Texas?
Submit Form T-S1 to Texas Department of Insurance, Title Examinations, Mail Code: FRD, P.O. Box 12030, Austin, Texas 78711-2030 or 1601 Congress Avenue, Austin, Texas 78701, or email to TitleExaminations@tdi.texas.gov.
What if I bought an existing title agency - do I start over with capitalization requirements?
It depends. If you acquired the agency through inheritance, your start date is the original Firm ID date. For other transfers, you may petition the Commissioner to use the acquired agent's original start date if the acquired agent is financially distressed and you can demonstrate ability to rehabilitate it.
What happens if I don't meet the capitalization requirements?
Title agents must maintain the required capitalization amounts according to the compliance schedule. Failure to meet these requirements could result in license issues or disciplinary action by the Texas Department of Insurance.
When do I need to file my capitalization certification?
If you're using unencumbered assets (not a deposit with the Department), you must submit Form T-S1 annually between September 1 and September 30 along with your annual escrow account audit.
Can I use real estate to meet the capitalization requirement?
Yes, real estate can count toward your unencumbered assets, but only the equity portion in excess of any encumbrances (mortgages, liens, etc.) counts toward the requirement.
What is a title agent surety bond?
A title agent surety bond is one of several options Texas title insurance agents can use to meet the state's minimum capitalization requirements. Instead of holding cash or other unencumbered assets, you can obtain a surety bond with a form and content prescribed by the Texas Insurance Commissioner.
How much capitalization do I need as a new title agent?
New title agents applying for their first license must have 100% of the required capitalization amount before the license can be issued. The specific amount depends on factors in Insurance Code §2651.012(c)(1)-(c)(4).
Do I still need to file Form T-S1 if I made a deposit with the Department?
No, agents who make a deposit with the Department under §2651.012(f) are exempt from the annual Form T-S1 certification requirement. Instead, you must provide written notice at license renewal that the deposit has been made and meets your capitalization requirement.