*1 Reaffirmed by WW-1337 Honorable Marvin Hall

Fire Insurance Commissioner

Austin, 'Texas

Dear Sir: Opinion No. 0-2453-A

Reconsideration of Opinion No. O-2453 Re: May a limited partnership engage in the insurance business as a recording agency?

We are In receipt of your letter of July 1, 1940 and the enclosed copy of a letter from Messrs. Tlpton & McCorkle, Attorneys, addressed to ou, citing the case of Tardy vs. Tarver, et al, 39 SW (2d 848, requesting a reconsideration 7 OX? our opinion No. O-2453. Opinion No. O-2453 of this department holds that the Board of Insurance Commissioners has no legal authority to Issue license to a limited partnership for the purpose of engaging in the Insurance business as a recording agency.

We have read and carefully considered the case of Tardy vs. Tarver, et al, supra, cited In your enclosure. This case simply holds:

1. A corporation with sufficiently broad charter powers may act as agent for an insurance company, unless specifically prohibited by statute.

2. That the statutes of Texas do not prohibit the licensing of a corporation to act as agent for a fire, marine or casualty insurance company.

Said case does not touch upon nor deal with the question as to whether or not a limited partnership can engage In the Insurance business and be licensed as a recording agency. We agaln.call your attention to Article 6110, Vernon's Annotated Texas Civil Statutes, cited in our opinion No. O-2453, which reads as follows:

Honorable Marvin Hall, Page 2, O-2453-A "Limited partnerships for the transaction of any mercantile, . . .

mechanical, manufacturing or other business, except banking . _ _. or Insurance, may be formed by two or more persons, upon the terms, with the rights and powers, and subject to the conditions and liabllltles herein prescribed." (Underscoring ours)

The above quoted statute clearly prohibits limited partnerships from engaging in the business of Insurance in this State. We think Opinion No. O-2453 of this department Is correct and the same Is In all respects affirmed by this department.

Very truly yours, ATTORNEY CENERAL OF TEXAS BY s/ Wm. J. Fanning Wm. J. Fanning Assistant APPROVED JULY 15, 1940

a/ CroverSellers

FIRST ASSISTANT

ATTORNEY CENERAL

WJF:AW/cge

APPROVED OPINION COMMITTEE

By: BWB, Chairman