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Uniform Certificate of Authority Application (UCAA)
State Specific Requirements

Some jurisdictions may require additional authorizations other than a Certificate of Authority. The information provided in this section is intended to assist applicants in obtaining all necessary approvals. Click the links below to access specific information for that state. Click here to link to the state department of insurance main Web sites.

Last Updated 10/01/08 See Notes

Alabama

Legal References
Information about obtaining Legal References for Alabama contact:

National Insurance Law Service
21625 Prairie Street
Chatsworth, CA 91311

Alabama Insurance Code
Title 27, Code of Alabama 1975
Table of Contents
http://www.aldoi.gov/Legal/Title27.html

State-Specific Information

Name Approval
In order to qualify to do business in the State of Alabama, you will need to get the name cleared by Ann Strickland, Premium Tax and Licensing Supervisor, Alabama Department of Insurance and send in a fee and name approval form to the Alabama Secretary of State.

Alabama Secretary of State
State Capitol
Montgomery, AL 36130
(334) 242-7200

  1. Affiliated agreements
    Alabama no longer requires affiliated agreements to be submitted in support of the Questionnaire (Form 8). If a response in the questionnaire causes concerns we will request the agreement.
     
  2. Reinsurance agreements
    Alabama no longer requires reinsurance agreements to be submitted in support of the Questionnaire (Form 8). If a response in the questionnaire causes concerns we will request the agreement.

Alaska

Legal References
To access electronic copies of the Alaska Statutes, please visit the Alaska Legislative Infobase.

Title 3 of Alaska's Administrative Code (insurance).

Voluntary Surrender of Authority
Must be submitted with surrenders and with mergers for the non-surviving company.

For all other information, please visit the Alaska Division of Insurance's Web site.

Arizona

Arizona Department of Insurance Web site

Arkansas

Legal References
Copies of Arkansas statutes and administrative rules may be obtained from the National Insurance Law Service (NILS) Publishing Company by calling (800)423-5910 or writing to:

NILS Publishing Company
21625 Prairie Street
Chatsworth, CA 91311.

Copies of Department Bulletins may be obtained at a charge of $.25 per page from the Department. Please send your request to:

Legal Division
Arkansas Insurance Department
1200 West Third Street
Little Rock, AR 72201-1904
(501) 371-2820 (phone)
(501) 371-2639 (fax)

State Specific Information:
To qualify for Variable Authority, please contact Kimberly Johnson at (501)371-2680

California

California Secretary of State
In order to qualify to do business in the State of California, you will need to contact the California Secretary of State directly. Issuance of a Certificate of Authority or name qualification by the California Department of Insurance does not necessarily constitute approval by any other state agency. Please submit your proposed name and other corporate qualifications for approval to the California Secretary of State before you begin business in California.

California Secretary of State
Corporate Filing and Services Division
1500 11th Street
Sacramento, CA 95814.

Recorded information is provided at (916)657-5448.

Workers' Compensation Insurance Rating Bureau
Applicant's requesting authority to transact workers' compensation insurance must join the Workers' Compensation Insurance Rating Bureau (WCIRB). To subscribe to the WCIRB, submit your request in writing to:

Workers' Compensation Insurance Rating Bureau
525 Market Street, Suite 800
San Francisco, CA 94105-2716.

Legal References
To assist in completing this application and to generally familiarize yourself with California insurance law, a copy of the California Insurance Code may be purchased by contacting West Publishing Company at (800)328-9352.

Similarly, a copy of the California Code of Regulations may be purchased from Barclay's Law Publishers by calling (800)888-3600 or writing to:

Barclay's Law Publishers
P.O. Box 3066
South San Francisco, CA 94083.

Department Bulletins may be obtained, free of charge, from the Department by calling (415)904-5843, or writing to:

California Department of Insurance
Legal Division
45 Fremont Street, 24th Floor
San Francisco, CA 94105.

Bulletins can also be purchased from the National Insurance Law Service (NILS) Publishing Company by calling (800)423-5910 or writing to:

NILS Publishing Company
21625 Prairie Street
Chatsworth, CA 91311.

Your local library may also have these resources available.

County and Other Local Agencies
If you plan on locating operations in California, it is recommended that you ascertain and comply with applicable local and county requirements prior to commencing operations. Contact either the local city or county government, or the local chamber of commerce, for assistance. You can reach the California Chamber of Commerce at (916)444-6320 for help with locating the appropriate local chamber.

State Specific Information 
California state-specific forms

Corporate Amendments

ALL - Board Resolution - A certified copy of the applicnt's board resolution authorizing the amendment and application. California Corporations Code § 300(a).CHANGE OF NAME APPLICANTS - Name must be preapproved by the Insurance Commissioner and the Secretary of State. Submit written request with fee ($117) to the Insurance Commissioner at 45 Fremont Street, 24th Floor, San Francisco, CA 94105 Attention: Name Reservation Unit. California Insurance Code section 881. Include with your name reservation application letter a copy of your letter to the Secretary of State at 1500 11th Street, Sacramento, CA 95814 Attention: Corporate Filing and Services Division.

Colorado

State-Specific Requirements
The applicant must demonstrate favorable liquidity, adequate reinsurance from companies authorized in this state, sound management, at least three years of favorable operating results, and stable revenue, earnings and surplus trends.

Connecticut

Legal References
For information about insurance laws, regulations and bulletins, you may contact the following:

The Connecticut insurance statutes, insurer licensing regulations and financial-related bulletins may be accessed at the Connecticut Insurance Department web site at http://www.ct.gov/cid

Office of the Secretary of State
Publications Division
30 Trinity Street
Hartford, CT 06106
(860) 509-6150
http://www.sots.state.ct.us

NILS Publishing Company
21625 Prairie Street
Chatsworth, CA 91311
(800) 423-5910

State-Specific Items
Life and Property Casualty Companies are directed to C.G.S §38a-72 for minimum capital and surplus requirements and risk-based capital requirements.

Health Care Centers are directed to C.G.S §38a-193.

No fee should accompany the application.

All applicants must meet the seasoning requirement of three (3) years of premium writings prior to submitting an application for admission. This requirement may be waived regarding survivor corporations in the case of mergers and consolidations of companies licensed in the state.

Primary applicants must comply with Connecticut Bulletin FS-2a and FS-2b regarding the custody of assets.

Pursuant to Section 38a-41-4(6), any applicant whose application has been rejected or who has withdrawn its application may not reapply for a certificate of authority until a minimum of two years has expired. Please refer to this section of the regulation for further details.

Currently, CT cannot support the electronic version of the UCAA. When filing electronically, print a hard-copy version of your electronic application and submit to the Department of Insurance.

Corporate Amendments
License amendments accepted all year, subject to seasoning requirements.

Do not submit original certificate of authority or an affidavit of lost certificate authority, retain for Company records.

No fee should accompany the application.

Minimum Capital and Surplus Requirements
Minimum capital and surplus requirements for Connecticut are specific to the lines of business to be transacted. Specific amounts are as follows:

Line Stock
Capital
Companies
Surplus
Total Mutual
Companies
Health $500,000 $500,000 $1,000,000 $1,000,000
Life 1,000,000 2,000,000 3,000,000 3,000,000
Liability 500,000 500,000 1,000,000 1,000,000
Fidelity and Surety 500,000 500,000 1,000,000 1,000,000
Financial Guaranty 15,000,000 60,000,000 75,000,000 75,000,000
Marine 500,000 250,000 750,000 750,000
Mortgage Guaranty 2,000,000 2,000,000 4,000,000 4,000,000
Property 500,000 250,000 750,000 750,000
Workers' Compensation 500,000 500,000 1,000,000 1,000,000
Title 500,000 500,000 1,000,000 1,000,000
Residual Value 2,000,000 1,000,000 3,000,000 3,000,000
Reinsurance (Property/Casualty) 2,000,000 2,000,000 4,000,000 4,000,000
Reinsurance (Life) 1,000,000 2,000,000 3,000,000 3,000,000

A property and casualty company transacting all lines permitted to be combined need have no more than $2 million capital and $2 million paid-in surplus in the aggregate. A life and health company transacting both life and health insurance need have no more than $1 million capital and $2 million paid-in surplus in the aggregate.

Delaware

Legal References
Legal references may be found at http://www.legis.state.de.us/Legislature.nsf/?opendatabase.

State-Specific Information
For state-specific information see the Delaware Department of Insurance website at http://www.state.de.us/inscom/departments/berg/berg.shtml.

Corporate Amendments:
Name Change - File name change endorsement with Rating Section, which will be sent to Deleware policyholders advising of the name change. If Life/Health company, also required to file a Life, Accident and Health Insurance Filing Certification Form.
Redomestication - No other state specific requirements.
Adding Line(s) - No other state specific requirements.
Change of Address - No other state specific requirements.

District of Columbia

Legal References
Legal references may be obtained through NILS and D.C. Code Title 31 for insurance laws; District of Columbia Municipal Regulations Title 26 (26 DCMR) for regulations; and the Office of Legal Affairs, Department of Insurance and Securities Regulation for bulletins.

Other Information
Licenses are issued throughout the year and expire on April 30.

The annual license renewal fee is $200.

The premium tax rate is 2%. Companies with a previous year's tax liability in excess of $1,000 are required to pay an amount equal to 50% of the previous year's tax liability. This installment is due by June 1st.

Each insurer doing business in the District is assessed an amount based on a percentage of its direct gross receipts for the preceding year, subject to a minimum annual assessment of $1,000. The annual assessment rate must not exceed 0.3% of direct gross receipts. In no event shall the amount exceed the amount budgeted to defray the expenses of the Department.

Florida

Legal References

Florida Statutes can be found at http://www.leg.state.fl.us/Statutes/ .

State-Specific Requirements

Florida state-specific requirements for the UCAA Primary Application are located on the Office of Insurance Regulation website at: http://www.floir.com/Sections/AppCoord/UCAAPrimary/primary_application.aspx

Florida state-specific requirements for the UCAA Expansion Application are located on the Office of Insurance Regulation website at: http://www.floir.com/Sections/AppCoord/UCAA/expansion_application_FL_specific.aspx

Florida state-specific requirements for the UCAA Corporate Amendments Application are located on the Office of Insurance Regulation website at: http://www.floir.com/Sections/AppCoord/UCAACorporate/Corporate_Amendments.aspx

Post Filing Requirements
Note: The links below will take you to the Office of Insurance Regulation website. If you wish to return to the UCAA website, use the Back button on your browser.

Agent & Agency Appointments

Anti-Fraud Plans

Life & Health Insurer Required Filings Package

Life & Health Rate and Form Filings

Property & Casualty Insurer Required Filings Package

Property & Casualty Rate and Form Filings

Statutory Deposits

 

Contact Telephone Numbers

Agent and Agency Appointment Contact Information
Contact the Division of Agent & Agency Services, Bureau of Agent & Agency Licensing, 200 E. Gaines Street, Larson Building, Tallahassee, Florida 32399-0318 or request may be made by phone at 850/413-3137 extension 1011.

Anti-Fraud Contact Information
Contact Denise Prather, Division of Insurance Fraud, 200 E. Gaines Street, Tallahassee, Florida 32399-0324 or request may be made by phone at 850/413-4036.

Application Coordination Contact Information
Contact the Office of Insurance Regulation, Company Admissions Section, 200 E. Gaines Street, Larson Building,Tallahassee, Florida 32399-0326 or requests may be made by phone at 850/413.2570 , email address appcoord@floir.com .

Life & Health Financial Oversight Contact Information
Contact the Office of Insurance Regulation, Life & Health Financial Oversight, 200 E. Gaines Street, Larson Building, Tallahassee, Florida 32399-0327 or requests may be made by phone at 850/413-3153.

Life & Health Product Review Contact Information
Contact the Office of Insurance Regulation, Life & Health Product Review, 200 E. Gaines Street, Larson Building, Tallahassee, Florida 32399-0328 or requests may be made by phone at 850/413-3152.

Property & Casualty Financial Oversight Contact Information
Contact the Office of Insurance Regulation, Property & Casualty Financial Oversight, 200 E. Gaines Street, Larson Building, Tallahassee, Florida 32399-0329 or requests may be made by phone at 850/413-3148.

Property & Casualty Product Review Contact Information
Contact the Office of Insurance Regulation, Property & Casualty Product Review, 200 E. Gaines Street, Larson Building, Tallahassee, Florida 32399-0330 or requests may be made by phone at 850/413-3146.

Statutory Deposits Contact Information
Contact Terry Wile of the Division of Treasury, Bureau of Collateral Management, The Capitol, P-3, Tallahassee, Florida 32399-0345 or requests may be made by phone at 850/413-3167, email address wilet@fldfs.com

Georgia

Legal References
Legal references are available at:

http://www.lexis-nexis.com/hottopics/gacode/default.asp

State-Specific Items
The following are required by the State of Georgia:

Form GID-3, Appointment of Attorney-in-Fact (must be Georgia resident);

Form GID-4, Appointment of Commissioner as Attorney-in-Fact ;

Form GID-7, Certification from State of Domicile;
To access these forms, click here. Select UCAA Filing Instructions and Forms from the drop down menu.

Statement from the insurer as required by §33-3-13 regarding the names and addresses of all general officers of the company with the number of shares of capital stock of the company held by or for each such general officer or by others for his or her benefit, and the percentage of the total capital stock of the company held by such general officer.

Hawaii

Legal References
Information about Hawaii laws, regulations and bulletins can be found at:

http://www.state.hi.us/dcca/ins/

http://www.capitol.hawaii.gov/hrscurrent/Vol09_Ch0431-0435E/HRS0431/

State Specific Information
Forming a new insurance company in Hawaii will require compliance with Article 4, Chapter 431 of the Hawaii Revised Statute prior to applying for a Certificate of Authority.

Redomesticating to Hawaii will require compliance with Article 4, Chapter 431 of the HRS, where applicable. Both situations will require compliance with the Business Registration Division’s statutes and/or regulations.

Foreign Insurers expanding to Hawaii must comply with Hawaii's seasoning requirement pursuant to §431:3-203(b), HRS, http://www.capitol.hawaii.gov/hrscurrent/Vol09_Ch0431-0435E/HRS0431/HRS_0431-0003-0203.htm. See §431:3-203.5, HRS, for an exception to the seasoning requirement, http://www.capitol.hawaii.gov/hrscurrent/Vol09_Ch0431-0435E/HRS0431/HRS_0431-0003-0203_0005.htm.

The Hawaii Medical Malpractice Underwriting Plan (HMMUP), Chapter 435C of the Hawaii Revised Statutes was created for the purpose of providing a contingency plan to be instituted by the Insurance Commissioner upon the unavailability of the medical malpractice insurance in this state.  A joint underwriting plan is established, consisting of all insurers authorized to write and engaged in writing casualty insurance in this state on a direct basis.  Each insurer shall be a member of the plan and shall maintain membership as a condition of its licensure to transact such insurance in this state. (Chapter 435C-3(a), HRS). HMMUP is a contingency plan that has not been instituted.

The Hawaii Joint Underwriting Plan (HJUP), Article 10C, Part IV of the Hawaii Revised Statutes was established consisting of all insurers authorized to write and engage in writing motor vehicle insurance in this State.  Each insurer shall be a member of the plan and shall maintain membership as a condition of its licensure to transact such insurance in this state. (Chapter 431:10C, Part IV, HRS).

Companies applying or adding the Vehicle line of business must also comply with §431:10C-119, HRS, http://www.capitol.hawaii.gov/hrscurrent/Vol09_Ch0431-0435E/HRS0431/HRS_0431-0010C-0119.htm, in regards to providing a complete sales and claims service office(s) in the State. (See Uniform Certificate of Authority Application and the Corporate Amendment Section below, for specific requirements.)

Companies applying to sell Workers Compensation insurance policies, in addition to our rate and form filing requirements, must also comply with §386-124.5, HRS, of the Workers Compensation statutes regarding claim servicing. Please contact the State of Hawaii Department of Labor & Industrial Relations, Disability Compensation Division for more information. Phone # (808) 586-9161; Email: dlir.workcomp@hawaii.gov

Companies applying to update group identification (including group code), as a result of Change of Control, must submit evidence of approval for acquisition from the domiciliary state.

Uniform Certificate of Authority Applications:
The UCAA is available at the NAIC’s website:  http://www.naic.org/industry_ucca.htm.  We encourage you to use the electronic filing process.
Insurers applying for the Vehicle line of business must comply with §431:10C-119, HRS, regarding a complete sales and claims service office: 

A) Provide us with the license number(s) and name(s) of the licensed independent adjuster(s) and address(es) of the complete sales and claims service office(s).
B) Submit a check for $1,000.00 payable to: “Department of Commerce and Consumer Affairs” for the annual Hawaii Joint Underwriting Plan membership fee.

Uniform Consent to Service of Process
When completing this form, please provide (2) names and addresses as follows:
First, where the service of process can be forwarded if the Commissioner is served (i.e., applicant's home office, legal counsel, etc.)
Second, upon whom service of process may be served, in all cases, in the State of Hawaii (i.e., resident agent).

Note: You may indicate the resident agent in both situations.

Corporate Amendments Applications:

Licensed insurance companies requesting amendments to its Certificate of Authority must use the Uniform Corporate Amendment Application Forms.

The UCAA Corporate Amendment section is located at:   
http://www.naic.org/industry_ucaa_corp_amend.htm

Corporate Amendment Sections:

1) Name changes
2) Adding and deleting a class of insurance***
3) Redomestications *
4) Mergers and Acquisitions **
5) Change of Address
6) Change of city within State of Domicile

* For redomestications please include an original Certificate of Deposit that complies with our statute.
( § 431:3-205 through § 431:3-209, HRS)

** Additional Requirement for Mergers and Acquisitions:

A) Effective date of the merger or acquisition.
B) Certified Approvals from the affected domiciliary states.
C) Standard laws pursuant to the Hawaii Revised Statutes, beginning with Chapter 431: 11-104.1
D) Submission of any endorsements that will be sent to the policyholders, with the applicable Certification of Readability.
E) Return of the Original Certificate of Authority or an Affidavit of Loss Certificate for each of the nonsurviving company/companies that are admitted in Hawaii.

*** Adding the VEHICLE line of insurance:

A) Provide us with the license number(s) and name(s) of the licensed independent adjuster(s) and address(es) of the complete sales and claims service office(s).
B) Submit a check for $1,000.00 payable to “Department of Commerce and Consumer Affairs” for the annual Hawaii Joint Underwriting Plan membership fee.

Idaho

Legal References

Idaho

Legal References

Idaho Statute Title 41, Insurance Code
Idaho Department of Insurance Rules

Expansion Application

Idaho's insurance laws specific to authorization of insurers and general requirements can be found at Idaho Code Title 41, Chapter 3.

Include the following in addition to the UCAA:

  1. An explanation of any net losses reported on the income statement for the current and/or previous calendar year
  2. At least one policy form must be submitted and filed. Filings can be made via the NAIC SERFF system by following the general instructions and submission requirements in SERFF. If the company chooses to file by paper, please include the Idaho Filing Submission Documentation Form, the appropriate checklist, the policy forms as part of the expansion application and the appropriate fees based on IDAPA 18.01.44.(http://adminrules.idaho.gov/rules/current/18/0144.pdf) Questions regarding this matter should be directed to Donna Daniel , Insurance Analyst Sr. at donna.daniel@doi.idaho.gov or (208) 334-4362.
  3. In order to become authorized for Managed Care authority in Idaho please see Managed Care Organizations Additional Information
  4. In order to write Variable Annuities/Contracts in Idaho please see Variable Products Additional Information and IDAPA 18.01.16 at http://adminrules.idaho.gov/rules/current/18/0116.pdf.
  5. To write Workers' Compensation in Idaho, approval is required from both the Idaho Department of Insurance and the Idaho Industrial Commission. A separate application must be filed concurrently. Contact the Industrial Commission directly for their application at the following address:

Jane McClaran
Fiscal Officer
Idaho Industrial Commission
700 Clearwater Lane
Boise ID 83712
Email: jane.mcclaran@iic.idaho.gov

Industrial Commission Website
http://www.iic.idaho.gov/

Fees:
Admission Fees
Please submit all Expansion Applications and Additions or Deletions to Lines of Business (Corporate Amendments II) to:

Carol Anderson
Technical Records Specialist
Idaho Department of Insurance
700 W. State Street, 3rd Floor
Boise, ID 83720-0043
(208) 334-4309
Email: Carol.Anderson@doi.idaho.gov

Idaho State Specific Requirements are also available on our Web site under Corporate Amendments Application -
Filing Requirements and Instructions.

Fees:
There are no fees for any Corporate Amendments Application.

Please submit all Corporate Amendments Applications except changes in lines of business (Section II) to:

Becky Harding
Idaho Department of Insurance
700 W. State Street, 3rd Floor
P.O. Box 83720
Boise, ID 83720-0043
Tel: (208) 334-4311
becky.harding@doi.idaho.gov

Illinois

Additional Fees and Taxes
Annual Renewal Fees

Filing Annual Statement - Domestic Companies $200

Renewal Certificate of Authority $400

The fee for filing Amended By-Laws is $50.
The fee for filing Amended Articles of Incorporation is $200.
The fee for filing Amended Certificate of Authority is $50.

Premium Taxes

As set forth by newly reenacted Section 409 of the Illinois Insurance Code (215 ILCS 5/409, effective May 29, 1998), as of July 1, 1998, there is a premium tax of 0.4% on the net taxable premium for all accident and health written, and retroactively, as of January 1, 1998, there is a premium tax of 0.5% on the net taxable premiums written for all other types of insurance premiums written. The premium tax payment due from a company may be reduced by the excess amount, if any, by which the aggregate income taxes paid by the company, on a cash basis, for the preceding calendar year under subsections (a) through (d) of Section 201 of the Illinois Income Tax Act (35 ILCS 5/201 (a)-(d) exceed 1.5% of the company's net taxable premium written for that prior calendar year; and the amount of any fire department taxes paid by the company during the preceding calendar year under Section 11-10-1 of the Illinois Municipal Code (65 ILCS 5/11-10-10).

Financial Regulation Fee

The fee shall be a fixed amount based upon Illinois direct premium income and nationwide reinsurance assumed premium income in accordance with the following schedule:

$100 if the premium is less than $500,000 and there is no reinsurance assumed premium;

$500 if the premium is $500,000 or more, but less than $5,000,000 and there is no reinsurance assumed premium; or if the premium is less than $5,000,000 and the reinsurance assumed premium is less than $10,000,000;

$2,500 if the premium is less than $5,000,000 and the reinsurance assumed premium is $10,000,000 or more

$5,000 if the premium is $5,000,000 or more, but less than $10,000,000;

$12,000 if the premiums is $10,000,000 or more, but less than $25,000,000;

$15,000 if the premium is $25,000,000 or more, but less than $50,000,000;

$20,000 if the premium is $50,000,000 or more, but less than $100,000,000;

$25,000 if the premium is $100,000,000 or more.

The sum of financial regulation fees under this subsection (7) of Section 408 of the Illinois Insurance Code (215 ILCS 5/408) charged to the foreign or alien companies within the same affiliated group shall not exceed $100,000 in the aggregate in any single year and shall be billed by the Director to the member company designated by the group.

Fire Marshal's Tax

One percent of the gross fire, sprinkler, leakage, riot and civil commotion, explosion and motor vehicle fire risk premium receipts.

Expansion Forms Not Required
The following forms are not required for the UCAA Expansion Application in the State of Illinois:

Authorization for Disclosure of Financial Records (Form E-3)

Non-Proportional Reinsurance Checklist (Form E-8)

Proportional Reinsurance Checklist (Form E-7)

Insurance Laws and Regulations
Copies of the Illinois Insurance Code may be acquired from

Lexis Law Publishing
P.O. Box 7587
Charlottesville, VA  22906-7587

Copies of the Code and Illinois Regulations may be acquired from:

National Insurance Law Service
NILS Publishing Company
20675 Bahama Street
P.O. Box 25072
Chatsworth, CA 91311

Time Frame for Processing Applications
Illinois will strive to meet the time frame guidelines for applications. However those received after September 30 and before March 1 will not be processed until the current annual statement for the calendar ending between October 1 and March 1 is available.

Indiana

Legal References
Copies of Indiana statutes can be obtained at http://www.IN.gov/legislative/ic/code/.

Copies of Indiana Administrative Codes can be obtained at http://www.in.gov/legislative/iac/title760.html

State-Specific Items
The following state-specific forms are available on the Indiana Department of Insurance website.

Primary and Redomestication to IN

Please refer to http://www.in.gov/idoi/2338.htm

Indiana has no other state-specific requirements for the Uniform Certificate of Authority Expansion Application

Iowa

Legal References
Insurance laws and regulations can be found at: http://www.legis.state.ia.us/IOWALAW.html.

Insurance bulletins can be found at the Iowa Division of Insurance Web site at http://www.iid.state.ia.us/.

Other Information
Iowa has a requirement that the examination report have an as of date not more than three years prior to the date of application. If the applicant does not possess an examination report that meets this standard, it may submit for our consideration in lieu thereof, a parental surplus guarantee. Contact the Iowa Insurance Division for further details at http://www.iid.state.ia.us/uniform.

Kansas

State-Specific Information
When preparing the admissions package for Kansas, please be aware of the following information or requirements that are "State Specific" to Kansas.

Pursuant to K.S.A. 40-209(a)(4), provide financial data that; "demonstrates that any majority ownership interests are in sound financial condition". This would be necessary of the applicant's "immediate" and "ultimate" owner only if that owner is not an insurance company that files financial statements with the NAIC. Provide the most recent available financial statement information, balance sheet and income statement, for each entity. A audited financial report is required; however, if an audited report is unavailable then a financial statement certified as complete and accurate by a legal representative of each owner would be considered upon special request.

Pursuant to K.S.A. 40-209(a)(6), any applicant insurance company requesting expansion into Kansas may be authorized if it; "has been in operation at least three years and has been the subject of an examination of its affairs and financial condition other than its organizational examination. This requirement does not apply to subsidiary or affiliate companies with substantially the same management of an admitted company, a continuing corporation resulting from merger or consolidation or a company whose admission is determined by the commissioner to be in the best public interest."

For Property and Casualty applicants, there are several Kansas specific forms that will be required depending upon the lines of business written. These forms are not required at the time of application. If/when the Certificate of Authority is issued, the applicant company will be contacted in this regard. Provide the name of the domestic state analyst along with his/her contact information (phone and email please).

Important: Any Statute or Regulation mentioned above should be reviewed for the full details found therein.

Workers' Compensation Director
For workers' compensation issues, please contact the Workers' Compensation Director by calling (785)296-3441, or writing to:

Workers' Compensation Director
800 SW Jackson, Suite 600
Topeka, KS 66612-1227.

No-Fault Insurance and Financial Responsibility Issues
For mandatory no-fault insurance and financial responsibility issues, please contact the Division of Vehicles by calling (785)296-3601, or writing to:

Division of Vehicles
Docking State Office Building, 1st Floor
Topeka, KS 66612.

Motor Carrier Liability Insurance Requirements
For motor carrier liability insurance requirements, please contact the Corporation Commissioner by calling (785)271-3145, or writing to:

Corporation Commission
Transportation Division
1500 SW Arrowhead
Topeka, KS 66604-4027.

Legal References
To obtain copies of Kansas statutes or regulations, please contact either the Kansas Secretary of State or NILS Publishing, as indicated below:

Office of the Secretary of State
State Capitol, Room 234-N
Topeka, KS 66612-1594
(785)296-4557
http://www.kssos.org
NILS Publishing Company
21625 Prairie Street
Chatsworth, CA 91311-5835
(800)423-5910
http://www.nils.com

To obtain copies of Kansas Insurance Department bulletins, either click here to visit our website, or contact the Kansas Insurance Department at:

Kansas Insurance Department
420 SW 9th
Topeka, KS 66612
(785)296-7803.

Kentucky

Legal References
For information about Kentucky insurance laws, regulations and bulletins, visit the website at: http://insurance.ky.gov/laws.aspx

State-Specific Items
State specific information  is available on the Kentucky Department of Insurance website at http://insurance.ky.gov/static_info.aspx?static_id=3&Div_id=6

Louisiana

All Expansion and Corporate Amendment applications must be submitted using the NAIC/UCAA Electronic Application.

Legal References
Copies of statutes and regulations are available on the LDI web site at http://www.ldi.state.la.us/useful_links.html#title22. You may also view copies of statutes on the web site of the Louisiana Legislature at http://www.legis.state.la.us/.

Most other helpful hints and information can be found in the state-specific forms section of the Department's website located at http://www.ldi.state.la.us/Licensing/Company/alertpage.html.

Minimum Capital and Surplus Requirements(Expansion Application)

Stock Companies

Insurance Type Paid-In Capital Minimum Surplus Operating Surplus
Life $100,000 $1,900,000 $1,000,000
Health and accident $100,000 $1,900,000 $1,000,000
Life, health and accident $100,000 $1,900,000 $1,000,000
Vehicle physical damage $100,000 $1,900,000 $1,000,000
Title $100,000 $400,000 $500,000
Industrial Fire $200,000 $800,000 $1,000,000
Vehicle $650,000 $1,350,000 $1,000,000
Liability $650,000 $1,350,000 $1,000,000
Worker's Compensation $650,000 $1,350,000 $1,000,000
Burglary and forgery $650,000 $1,350,000 $1,000,000
Glass $650,000 $1,350,000 $1,000,000
Fidelity and surety $650,000 $1,350,000 $1,000,000
Fire and extended coverage $650,000 $1,350,000 $1,000,000
Steam boiler and sprinkler leakage $650,000 $1,350,000 $1,000,000
Crop and livestock $650,000 $1,350,000 $1,000,000
Marine and transportation $650,000 $1,350,000 $1,000,000
Miscellaneous $650,000 $1,350,000 $1,000,000
All insurance, except title and life $650,000 $1,350,000 $1,000,000

Mutual Companies

Insurance Type Minimum Surplus Operating Surplus
Life $2,000,000 $1,000,000
Health and accident $2,000,000 $1,000,000
Life, health and accident $2,000,000 $1,000,000
Vehicle physical damage $1,250,000 $1,000,000
Title $500,000 $500,000
Industrial Fire $800,000 $1,000,000
Vehicle $1,350,000 $1,000,000
Liability $1,350,000 $1,000,000
Worker's Compensation $1,350,000 $1,000,000
Burglary and forgery $1,350,000 $1,000,000
Glass $1,350,000 $1,000,000
Fidelity and surety $1,350,000 $1,000,000
Fire and extended coverage $1,350,000 $1,000,000
Steam boiler and sprinkler leakage $1,350,000 $1,000,000
Crop and livestock $1,350,000 $1,000,000
Marine and transportation $1,350,000 $1,000,000
Miscellaneous $1,350,000 $1,000,000
All insurance, except title and life $1,350,000 $1,000,000

Maine

State Specific Information for Primary and Expansion Applications

  1. Provide the name and contact information (including email address) of the Company’s financial analyst at the domestic state insurance department.

PLEASE NOTE:

  • Applicants should review Maine Regulation Chapter 231, which sets standards and procedures under which an insurance company may apply for a Certificate of Authority in Maine. Specifically, applicants should note Maine’s historic profitability criteria per §3(E)(1)(c), which requires an applicant to have net profit in three of the last five years, including the most recent two years. Regulation Chapter 231 can be found at http://www.maine.gov/sos/cec/rules/02/031/031c231.doc
  • Special Power of Attorney to Appoint and Certify Agents is not required to be filed in Maine.
  • Maine only requires business character reports for Officers and Directors.
  • To view the filing requirement with Maine’s Secretary of State, Bureau of Corporations, Elections and Commissions: go to www.maine.gov/sos/cec/corp

    Contact info: Secretary of State
    Bureau of Corporations, Elections and Commissions
    101 State House Station
    Augusta, Maine 04333
    Tel: 207-624-7752
    Fax: 207-287-5874

State Specific Information for Corporate Amendment Applications:

  • For name changes: Name reservation is suggested in advance (Title 24-A, MRSA, Sect. 408 & Regulation Chapter 231, Section 3(B))
  • For domestications: A filing may be required with the Secretary of State if the insurer is registered with the Secretary of State in Maine. You may contact the Division of Corporations, UCC and Commissions at (207) 624-7752. The filing with the Secretary of State occurs after approval is received from the Bureau of Insurance.

Maryland

Legal References
Legal references for Maryland with respect to Insurance Statutes may be found at: http://mlis.state.md.us/

Select "Maryland Code Online"

Select “Maryland Code”

Choose "Insurance" from drop-down menu

Other references:
Legal references for Maryland Regulations may be found at: http://www.dsd.state.md.us

Minimum Capital and Surplus Requirements

Minimum Capital Requirements
To engage in one kind of business, an insurer must have and maintain paid-in capital stock with a fixed nominal or par value in an amount not less than that applicable under the following schedule, as set forth in Section 4-104 of the Insurance Article of the Annotated Code of Maryland:

Life insurance, including annuities - $1,500,000

Health insurance - $750,000

Property and marine other than wet marine and transportation insurance - $750,000

Title insurance - $750,000

Wet marine and transportation - $750,000

Casualty, not including vehicle liability or workers’ compensation - $750,000

Vehicle liability - $750,000

Workers’ compensation - $750,000

Surety - $750,000

To qualify for a certificate of authority to engage in two or more kinds of insurance business, an insurer must have paid-in capital stock with a fixed nominal or par value in an amount not less than $1,500,000.

Minimum Surplus Requirements
In addition to the minimum capital stock requirements, to qualify for an initial certificate of authority to engage in one kind or a combination of kinds of insurance business, an insurer must have surplus assets or funds in an amount not less than 150% of the minimum capital stock required as set forth in Section 4-105 of the Insurance Article of the Annotated Code of Maryland.

Health Maintenance Organizations must have an initial surplus that exceeds liabilities by at least $1,500,000 as set forth in Section 19-710 of Article health-General of the Annotated Code of Maryland.

Provider Sponsored Organizations must meet the requirements as set forth in Health-General of the Annotated Code of Maryland, Section 19-7A, as well as, the requirements applicable to a Health Maintenance Organization to the extent those requirements are not preempted by federal law.

Other Information
Insurer must obtain from the Maryland Insurance Administration and complete the Certificate of Compliance relating to Workers’ Compensation Insurance as set forth in Section 9-402 of the Labor and Employment Article of the Annotated Code of Maryland. Form can be obtained at: www.mdinsurance.state.md.us

Massachusetts

Legal References
All the information needed to obtain legal references for Massachusetts, especially with respect to insurance laws, regulations and bulletins can be accessed through the division's webiste via links at http://www.state.ma.us/doi/.   The Division of Insurance website also has links that will provide access to other references or information that would be useful for applicants submitting UCAA’s.

Minimum Capital and Surplus Requirements

(Expansion Application)

Clause of
Section 47
Description Capital Surplus Total
1 Fire $200,000 $ 800,000 $ 1,000,000
2 Ocean Marine, Motor Vehicle, Aircraft, Inland Navigation and Transportation (includes property damage) $300,000 $ 1,200,000 $ 1,500,000
When combined with 1:
  Including Ocean Marine $400,000 $ 1,600,000 $ 2,000,000
  Excluding Ocean Marine $300,000 $ 1,200,000 $ 1,500,000
4 (B) Fidelity and Surety $200,000 $ 400,000 $ 600,000
5 (B) Boiler, Fly Wheel Machinery, Explosion $200,000 $ 400,000 $ 600,000
6 (B) Accident and Health, Liability and Property Damage, Including Automobile, Workers' Compensation $400,000 $ 2,400,000 $ 2,800,000
  Accident and Health Only $100,000 $ 600,000 $ 700,000
7 (B) Glass $100,000 $ 200,000 $ 300,000
8 (B) Water Damage, Sprinkler Leakage (when combined with 1) $200,000 $ 800,000 $ 1,000,000
9 (B) Elevator and Aircraft Property Damage $200,000 $ 400,000 $ 600,000
10 (B) Credit $200,000 $ 400,000 $ 600,000
11 Title (Title Companies only) $100,000 $ 200,000 $ 300,000
12 (B) Burglary, Robbery, Theft, Forgery, Larceny $200,000 $ 800,000 $ 1,000,000
13 (B) Livestock $100,000 $ 200,000 $ 300,000
15 Reinsurance (Reinsurance Companies only) $500,000 $ 3,000,000 $ 3,500,000
16 Life Insurance $400,000 $ 1,600,000 $ 2,000,000
17 Repair-Replacement (when combined with one or more of classes 1, 2 and 8) $400,000 $ 1,600,000 $ 2,000,000
19 Legal Service $100,000 $ 200,000 $ 300,000
20 Credit Involuntary Unemployment      
51 Stock Companies (Ext. of Coverage not specified in MGL 175 § 47) TBD    
54 Mutual Companies (Ext. of Coverage not specified in MGL 175 § 47) TBD    
54BX Reinsurance except Life Minimum of $ 1,200,000    
54BY Nuclear Energy Minimum of $ 1,200,000    
54BZ Special Hazards - Radioactive Contamination Minimum of $ 1,200,000    
54C Comprehensive Motor Vehicle and Aircraft Minimum of $600,000    
54D Personal Property Floater      
54E Dwellings Minimum of $ 475,000    
54F Commercial Property (Multiple Peril) Minimum of $ 525,000    
54G Reinsurance - Life Companies Only Minimum of $ 1,000,000    

NOTE A: The capital and surplus requirements of a company is the sum of the requirements for the lines, for which it is licensed or seeks to be licensed, except as noted above or in NOTE B.

NOTE B: The capital requirement for two or more classes noted as B (4, 5, 6, 7, 8, 9, 10, 12, 13) is equal to the largest requirement of classes licensed plus one-half of the sum of the capital requirements for each additional such licensed classes.

NOTE C: The policyholders surplus requirement for mutual insurance companies shall be the same as the total capital and surplus noted above.

The Commissioner of Insurance has determined that the minimum required capital and surplus for a mono-line non-life insurance company is to be capital of $400,000 and surplus of 800,000.

Uniform Consent to Service of Process (Form 12)

Massachusetts requires a Consent to Service of Process only when the state has completed the initial approval process. The state will provide a copy of the appropriate form to the applicant once the application has reached this stage of approval.

Corporate Amendments Filing Fees

Fees Charged for Various License Amendments in Massachusetts

  1. The fees required to add line (s) of business would be $1,065.00. This fee includes the following two components:
    • $1,000.00 examination fee
    • $65.00 amended articles filing fee
    • If the license amendment were approved, an amended company license fee of $250.00 or $279.00 would be required. The amended license fee varies based on the lines of authority on the license. Those companies that do not have license designation 51 or 54 (extension of authority) are charged $250.00. Those companies that are licensed for designation 51 or 54 (extension of authority) are charged $279.00.
  2. The fee required for deleting line (s) of business would be either $250.00 or $279.00 depending on whether or not the company is licensed for designation 51 or 54 (extension of authority). This is the fee for issuing an amended company license.
  3. The fee required for a foreign company name change fee would be either $315.00 or $344.00 depending on whether or not the company is licensed for designation 51 or 54 (extension of authority). This fee includes the following two components:
    • $250.00 or $279.00 amended company license fee
    • $65.00 amended articles filing fee
  4. The fee required to file a redomestication for foreign insurers would be $ 65.00. This fee represents the $ 65.00 amended articles filing fee.
    • A separate amended articles fee would be charged by the Secretary of State for domestic companies when a name change occurs.

At this time there is no filing fee for address changes.

Michigan

Legal References
Michigan Insurance Laws can be found at: http://www.michiganlegislature.org

Michigan Regulations and Bulletins are available from NILS Insurance Services.

Other References
A State-Specific UCAA Filings Checklist can be found at http://www.michigan.gov/cis/0,1607,7-154-10555_13044_13199-31217--,00.html.

Minnesota

Effective August 1, 2005, all Primary and Expansion Applications must include a $1,500 application fee, made payable to the Minnesota Department of Commerce.

Legal References

  • Information regarding insurance laws and rules may be obtained here.
  • Information regarding bulletins may be obtained here.

Minnesota State-Specific Requirements and Forms
Minnesota state-specific requirements and forms are available here.

Corporate Amendments:

No fees for corporate amendments themselves.

1. Appointment of Attorney for service of process (Minnesota form) per MN Stat §60A.19, subd. 3, is required whenever an insurer changes its name or state of domicile. Minnesota form available here.

2. On changes of domicile, an orginal Certificate of Deposit and Certificate of Compliance by the new state of domicile is required.

3. On adding lines of coverage, Minnesota projections are required for the new lines of coverage being requested as well as for all lines the company plans to write in Minnesota.

4. Article amendments must have an original certification from the state of domicile, include the $100 filing fee and be filed within 60 days of approval by the state of domicile. Bylaw amendment must have an original certification from a principal officer and include the $75 filing fee.

5. On merger of foreign companies, all UCAA corporate amendment items are not necessary. Companies must file copies of the approved Merger Agreement and approvals by all states of domicile involved. Copies must contain an original certification by the states of domicile. If the merger survivor changes its name, a full UCAA Corporate Amendment for a Name Change filing must be made.

See UCAA Charts for additional requirements.

Mississippi

Legal References
Mississippi Insurance Department's regulations and bulletins are available at the Department's website by clicking on the Industry menu and respective links.

A link also is available on the Industry menu to a Lexis-Nexis Mississippi Code look-up via the Mississippi Secretary of State's webpage.

Mississippi insurance laws may be obtained from:
Lexis Law Publishing
P.O. Box 7587
Charlottesville, VA  22906-7587
http://www.lexislawpublishing.com
800-562-1197

Mississippi insurance regulations and bulletins may be obtained from:
NILS Publishing Company
P.O. Box 2507
Chatsworth, CA  91311

Your local library may also have these resources available.

Expansion Application Information
Only electronic filing submissions are accepted. Filings fees should be mailed to the Department at P.O. Box 79 Jackson, MS 39205 along with a cover letter identifying the Company/Insurer applying, NAIC Company Code and the UCAA Tracking Number.

Corporate Amendments
Redomestication of Foreign Company - If by merger, an expansion application is needed. If by statute: Financial certified by new state; company license application; legal process forms; endorsement to exisiting MS policyholders.

Name Change of Foreign Company - Company license application; legal process forms; endorsement to existing MS policyholders; policy forms refiled; agents reappointed

Missouri

Legal References
For information about legal references with respect to insurance laws, regulations and bulletins, contact Cynthia Monroe at (573)751-4362.

Other Information
All policy forms for lines of business for which a company is seeking approval should be submitted with the application. The application will be returned if the policy forms are not included.

State Specific Items
You may access Missouri State-Specific items at http://insurance.mo.gov/industry/filings/admissions/index.php

Montana

Legal References

State Specific Information

Montana state- specific requirements for the Primary Application can be found at http://csi.mt.gov/forms/Exams/app/UCAAPrimaryStateSpecific.PDF

Montana state-specific requirements for the Expansion Application can be found at
http://csi.mt.gov/forms/Exams/app/UCAAExpansionStateSpecific.PDF

Corporate Amendments

Montana state-specific requirements for Corporate Amendments can be found at http://www.csi.mt.gov/forms/index.asp

Contact Pam Forsman (Life/Health) or Chuck Holland (Property/Casualty) in the Rates & Forms Bureau at 406-444-2040.

Nebraska

Legal References

Department Bulletins can be found at http://www.doi.nebraska.gov/bulletin/index.html.

Other legal references can be found at http://www.doi.nebraska.gov/legal/index.html.

Primary Application Requirements:

Submit one hardcopy version of Primary Application, electronic filings not accepted;

Three originals of proposed Amended and Restated Articles of Incorporation in compliance with Neb. Rev. Stat. § 44-231, and the Business Corporation Act, Neb. Rev. Stat. § 21-2001 et seq (specifically Neb. Rev. Stat. §§ 21-2018, and 21-20,103 to 21-20,108). The Articles will be “tentatively” approved by the Department and returned to the company to then be filed with the Secretary of State. Once the Secretary of State’s stamp is affixed, the remaining two copies must be returned to the Department for final approval. One copy will be maintained by the Department, and the other copy will be returned to the company for its files;

One copy of proposed Bylaws;

Additional Redomestication Only Requirements:

Most recent Market Conduct Examination Report if not included in Item 19;

Name, address, and phone number of a contact person within the current state of domicile’s insurance department that can be contacted regarding the redomestication;

Certified copy of the Board of Director’s Resolution including date resolution was adopted, accepting and agreeing to be bound by the laws of Nebraska, and approving the redomestication to Nebraska. If the insurer has a sole shareholder, a certified copy of the sole shareholder approval should be submitted with the filing. If the insurer has to await a shareholder vote, a certified copy of the results of the shareholder vote must be submitted after the meeting reporting the votes in favor and votes opposed;

New policy forms or endorsements related to the redomestication must be filed and approved on or before the transfer date. For life and health insurers, contact the Life & Health Division for more information. For property and casualty insurers, contact the Property & Casualty Division for more information. Filing via SERFF is encouraged. Include a brief description of the new policy forms and endorsements, and the date submitted to the Department, in the Plan of Operation (Item 6);

Expansion Application Requirements:

Electronic filing or hardcopy submission accepted.

Corporate Amendments Application:

Electronic filing or hardcopy submission accepted.

Nevada

Nevada’s Website

Company Admissions Information

Company License Annual Renewals

Company License Withdrawals

Annual Statement Checklists

Legal References

Main Phone Numbers:
Carson City (775) 687-0700  ●  Las Vegas (702) 486-4009  ●   Toll Free (800) 872-3234

New Hampshire

Legal References
Links to insurance laws, regulations and bulletins are available at the New Hampshire Insurance Department website at http://www.nh.gov/insurance

Retaliatory Filing Fees [PDF]

New Jersey

Legal References
Statutes may be accessed on line by going to the state website at http://www.state.nj.us/dobi/index.html, clicking on legislature, scrolling down to "Laws & Constitution" then clicking on Statutes.Note that New Jersey Insurance Law is generally Title 17 for non-life and Title 17B for life and health.  If you search for a specific cite it must be in quotes in order for the search to work i.e.  "17:20-1".  Regulations are not available on line from the State of New Jersey.

Other State-Specific Information
State specific forms and other information is available on the New Jersey Department of Banking and Insurance web site at: http://www.state.nj.us/dobi/ucaaforms.htm

Corporate Amendments:
Non-Life/Health: No other state-specific requirements.Life/Health: Please see http://www.state.nj.us/dobi/ucaaforms.htm

New Mexico

All Expansion and Corporate Amendment applications must be submitted using the NAIC/UCAA Electronic Application.

All applications should include the Company Contact Processing Form, which can be found on our website at:
http://www.osi.state.nm.us/company-licensing/index.html
Health Insurers please provide the Plans and Programs as required by 13.10.16 NMAC.

Legal References
Legal references for the State of New Mexico can be found at http://www.osi.state.nm.us/insurance-statutes/index.html

Minimum Capital and Surplus Requirements

New York

LEGAL REFERENCES

The New York State Insurance Law is contained in McKinney’s Consolidated Laws of
New York Annotated, Book 27. The Insurance Law may be purchased by contacting the Publisher at:

The West Group
610 Opperman Dr.
Eagan, MN 55123-1396

The New York Department of Financial Services - Insurance Division regulations are contained in Title 11 of the Official Compilation of Codes, Rules and Regulations of the State of New York. The binder volume set may also be purchased from the publisher above.

Electronic versions of the Insurance Law and of the regulations are available at the State of New York Department of Financial Services web site at Laws and Regulations

LICENSING OF HMOS AND ARTICLE 43 NON-PROFIT CORPORATIONS

Important Note: The Primary and Expansion Applications may not be used for the licensing of Health Maintenance Organizations (HMO’s) or Article 43 non-profit corporations. Licensing packages for these companies may be obtained by calling or e-mailing:

For Article 43 Non-Profit Corporations:

Robert Solomon, Supervising Insurance Examiner

(212) 480–5246

robert.solomon@dfs.ny.gov

For HMO’s:

Michael Scharff, Supervising Insurance Examiner
(212) 480-5060
michael.scharff@dfs.ny.gov

PRIMARY AND EXPANSION APPLICATION REQUIREMENTS

Name Approval Process – Name must be approved and reserved by the Office of General Counsel, pursuant to Section 1102(g) of the N.Y. Ins. Law (prior to the submission of incorporation papers for domestic insurer). Foreign insurers must have their name approved prior to submitting an application. Letters requesting approval and reservation, which shall include the NAIC number if the company is a foreign insurer, should be submitted to the Office of General Counsel, State of New York Department of Financial Services, One Commerce Plaza, Albany, NY 12257 along with payment of the $25.00 fee, check made payable to the Superintendent of Financial Services. See Department of Financial Services - Insurance Division Regulation No. 104, 11 NYCRR 87.

Capital and Surplus Requirements for property and casualty companies – See Article 41 of the N.Y. Ins. Law. Stock Property/Casualty Company Financial Requirements

Guidelines for the Preparation of Financial Projections (life insurers only)
[ Word | PDF ].

Commitments to be submitted

Company Licensing Untrustworthy and Change in Plan of Operations Commitments - Applicant

Company Licensing Untrustworthy and Change in Plan of Operations Commitments - Parent Company

Reinsurance Agreements - All reinsurance agreements must be submitted in full.

If a reinsurance agreement of a domestic insurer contains an Extra Contractual Obligation Clause which provides for reimbursement for "fraud or bad faith", such language is to be deleted. However, the company can retain this language provided an exclusionary clause with the following language is inserted in the applicable articles:

"In no event shall coverage be provided to the extent that such coverage is not permitted under New York law."

If a reinsurance agreement of a foreign insurer contains an Extra Contractual Obligation Clause which provides for reimbursement for “fraud or bad faith”, such language is to be deleted. However, the company can retain this language in its reinsurance agreements, provided an exclusionary clause with the following language is inserted in the applicable articles:

"If any provision of this contract shall be rendered illegal or unenforceable by the laws, regulations or public policy of any state, such provision shall be void in such state, but this shall not affect the validity or enforceability of such provision in any other jurisdiction."

Additional Property Bureau Reinsurance Agreement Requirements

PRIMARY APPLICATION (DOMESTIC INSURER) REQUIREMENTS

Incorporation of Domestics

All domestic insurers must be incorporated through the State of New York Department of Financial Services prior to the submission of a Primary Application. The procedure for incorporation can be found in Section 1201 of the N.Y. Ins. Law. The incorporation process is handled by the Office of General Counsel, State of New York Department of Financial Services, One Commerce Plaza, Albany, NY 12257. Copies of draft Notice of Intention, Charter and By-Laws, together with the name and address of a newspaper of general circulation in which it is proposed to publish the Notice of Intention, should be submitted to the Office of General Counsel and to the appropriate bureau (Property, Life or Health).

Permit to solicit stock subscriptions

A request for a permit to solicit stock subscriptions or a request for a waiver of this requirement must be submitted to the Department. In order to receive this permit, a proposed insurer must first submit to the Department, for approval, an estimated amount to be expended for organizational expenses. See Section 1201(a)(8)(B) of the N.Y. Ins. Law.

License to sell securities - If the insurer anticipates a public offering of its stock, it must apply for a license to sell securities. If not, it must request a waiver. See Section 1204 of the N.Y. Ins. Law and Department of Financial Services - Insurance Division Regulation No. 44, 11 NYCRR 7.

Custodian Agreement for deposits with the Superintendent

Commitments to be submitted

Shareholder Dividends (No payment of dividends to shareholders for first two years of operations – property and casualty and accident and health insurers only)  Applicant  Parent

Limitation on Writing (4:1 net premium to surplus-limitation on writings –  accident and health insurers writing indemnity business only)  Applicant  Parent

Examination and Report on Organization required by Section 1102(e) of the N.Y. Ins. Law will be completed by this Department.

EXPANSION APPLICATION (FOREIGN INSURER) REQUIREMENTS

Schedule S, Part 4 of the Insurer’s Annual Statement prepared on a New York
basis for the past 3 years (life and accident and health insurers only).

Section 1106 Board Resolution required by Section 1106 of the N.Y. Ins. Law (insurer will not
engage in any insurance business in contravention of the provisions of Section 1106 or not authorized by its charter).

Seasoning Requirement

Pursuant to Section 4119 of the New York Insurance Law no foreign or alien insurance company shall be licensed to do business in this state unless it shall have continuously transacted an insurance business in the state or country of its incorporation for at least three years immediately prior to the issuance of such license. The superintendent may waive or reduce the three-year requirement, with respect to a license applicant, upon determination that the three year period is not necessary to safeguard the interests of the public or policyholders.

UPON LICENSURE BY NEW YORK

Upon Licensure by New York, companies must comply with the following:

Security Funds  

Miscellaneous Assessments

Pursuant to N.Y. Ins. Law:

Section 313 - for examination expenses (domestic and foreign insurers)

Section 332 - for administrative expenses of the Department of Insurance (domestic insurers)

Section 5207 - Contribution to the Motor Vehicle Accident Indemnification Corporation for domestic and foreign insurers issuing motor vehicle liability policies.

Section 5410 - Contribution to the Riot Reinsurance Revolving Fund (all members of the New York Property Insurance Underwriting Association)

Section 5507 - Contribution to the Medical Malpractice Insurance Association (all members of the Medical Malpractice Insurance Association)

Section 9108 - Fire Insurance Fee

Pursuant to New York State Workers' Compensation Law:

Section 151 For administration expenses - Workers' Compensation Board
Section 228 For Administration expenses - Disability Benefit Law

Pursuant to New York State Vehicle and Traffic Law:

Section 94ii For administration expenses - Safety Responsibility Law

Required Memberships

An insurer authorized to write motor vehicle liability insurance must be a member of the Motor Vehicle Accident Indemnification Corporation (Section 5203 of the N.Y. Ins. Law) and must subscribe to the New York Automobile Assigned Risk Plan (Section 5301 of the N.Y. Ins. Law).

An insurer authorized to write fire and extended coverage insurance in this State must become a member of the New York Property Insurance Underwriting Association (Article 54 of the N.Y. Ins. Law). All members of the New York Property Insurance Underwriting Association (NYPIUA) are subject to assessment by the riot reinsurance revolving fund payable to the superintendent (Section 5410 of the N.Y. Ins. Law). However, at the present time, the riot reinsurance revolving fund is inactive because NYPIUA does not meet the requirements of the Federal Housing and Urban Development Act.

Taxes

Franchise Tax and Estimated Tax (Article 33, New York State Tax Law)  NY Department of Taxation and Finance

Fire Insurance Premium Tax - (Sections 9104 and 9105 of the N.Y. Ins. Law)

Reports are filed with the Superintendent of Financial Services. Foreign and alien stock and mutual insurance companies authorized to transact fire insurance business in New York State are required to pay an annual fire insurance premium tax of 2% on premiums written on property located in the State for any insurance against loss or damage by fire. A report must be submitted identifying tax/premiums written by fire district/department. Fire district/department street listings are also available on the Department of Financial Services website, Foreign and alien stock companies, under Section 9104, must file and make payments by March 1. Foreign mutual companies, under Section 9105, must file and make payments by February 15.  A credit for this tax is allowed against the tax imposed under Art. 33 of the Tax Law (see above).

Reciprocal (retaliatory) provisions as to taxes, license fees, deposits and other requirements.

Under Section 1112 of the N.Y. Ins. Law, insurers entered through states wherein New York Insurers are charged in the aggregate taxes and fees greater or allowed credits less than the above, are required to pay to the Superintendent of Financial Services a charge equal to that imposed on New York insurers by the laws of such other state. In assessing taxes under this section credit is allowed for any taxes paid to the State Tax Commission.

North Carolina

Legal References

Insurance statutes are contained in Chapter 58 of the General Statutes of North Carolina at http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0058

Insurance administrative rules are contained in Title 11 of the North Carolina Administrative Code.  Individual administrative rules may be referenced at http://reports.oah.state.nc.us/ncac.asp?folderName=\Title%2011%20-%20Insurance

Insurance Bulletins are available at http://www.ncdoi.com/pc/pc_bulletins.asp.

State-Specific Information

License Applicants

Domestic application instructions are found at:  http://www.ncdoi.com/FED/CA/fed_ca_domestic.asp
Foreign companies wishing licensing in North Carolina must file an application through the NAIC’s UCAA website.  North Carolina accepts and encourages electronic filings.  Other instructions and information for foreign insurers may be found at:  http://www.ncdoi.com/FED/CA/fed_ca_foreign.asp

All domestic and foreign applicants must pay an initial filing fee of $1,000.00, payable to the North Carolina Department of Insurance. 

Seasoning requirements for North Carolina foreign applicants were repealed in August of 2009.  However, all applicants must meet all North Carolina regulations in order to become licensed in this State. 

All foreign companies are required to post a deposit in North Carolina for the benefit of North Carolina policyholders.  A letter will be sent to the company after a license is granting detailing the specific instructions for the posting of this deposit.

Each successful applicant company must pay an initial license fee of $2,500.00 after it is notified that the initial license has been approved.  The license is perpetual.  Licensees must also pay a yearly fee of $2,500.00, due on March 1 of each year.

The contact person for Company Admissions is Anne Morgan.  She can be reached by telephone (919-807-6603) or email (Anne.Morgan@ncdoi.gov).

Corporate Amendments
For Companies requesting additional lines of business and/or change of licensed status

Please provide company-wide financial forecasts for the three (3) year period subsequent to receiving the requested lines of business.  Forecasts should support all aspects of the plan of operation, including reinsurance arrangements and any delegated function agreements.  Assumptions on which the forecasts are based should be fully explained.  The forecasts should be in the format of the appropriate Annual Statement Blank, and should include a Balance Sheet, Statement of Income, and Cash Flow Statement.  For the lines of business being requested, provide three (3) year premium and loss forecasts by line for North Carolina and for all states and territories in which the company is requesting these additional lines of business.  Report what percentage of the company’s total business the additional lines of business is expected to represent.  To the extent the requested lines of business will only be sold in certain regions with the State, provide the geographic territory of operations within North Carolina for each of the requested additional lines of business.  No filing fees are charged.

The contact person for these types of company amendments is Lori Gorman.  She can be reached by telephone (919-424-6281) or email (Lori.Gorman@ncdoi.gov).

Other Corporate Amendments

North Carolina accepts electronic (preferred) or hardcopy submissions.  No fees are charged.  The contact person is Brenda Young.  She can be reached by telephone (919-424-6276) or email (Brenda.Young@ncdoi.gov). 

North Dakota

Legal References
Copies of North Dakota statutes and administrative rules may be obtained from the National Insurance Law Service (NILS) Publishing Company by calling (800)423-5910 or writing to:

NILS Publishing Company
21625 Prairie Street
Chatsworth, CA 91311-5835

Individual volumes of statutes are also available from:

Michie Butterworth
P.O. Box 7587
Charlottesville, VA 22906-7587
(800)446-3410

The North Dakota Statutes may also be accessed electronically at http://www.legis.nd.gov/information/statutes/cent-code.html  

The North Dakota Regulations are not currently available at this website.

Copies of Department Bulletins may be obtained at a charge of $0.20 per page from the Department. Please send your request to:

Nancy Brady
Legal Division
North Dakota Insurance Department
600 E. Boulevard Avenue
Bismarck, ND 58505
nbrady@state.nd.us

State-Specific Forms
North Dakota's UCAA guidance is available at: http://www.state.nd.us/ndins/company/details.asp?ID=176.

Other Information
North Dakota does not require the submission of two copies of the application.

Ohio

State-Specific Instructions [PDF]

Application may be filed in electronic or hard copy – All documents requiring signatures must be filed with the Department of Insurance in hardcopy with original “wet” signatures. This includes UCAA Forms 2P, 2E, 2C, 11, 12.  Please follow this instruction as the failure to provide hard copy “wet” signature documents will result in delays in the company’s application processing.

UCAA Form 6 is accepted but must be filed with the Department in hard copy.

Oklahoma

Legal References
To obtain legal references for the State of Oklahoma with respect to insurance laws, regulations and bulletins access our web page at; http://www.oid.ok.gov

Oregon

Legal References
To obtain statutes and rules for the Oregon Insurance Division see the Division's web site at http://www.cbs.state.or.us/ins.

State Specific Information 
For UCAA Expansion

Provide a brief description of the company’s reinsurance program that is currently in place.

Ensure the audited financial statement or annual report for the ultimate controlling party is included with the Holding Company Form “B” Registration Statement.

Provide explanation of unusual IRIS ratio results as of December 31, 201_, and the steps to be implemented by management to prevent future unusual results.

Provide management’s response to each recommendation contained in the financial report of examination as of December 31, 201_.

Fingerprint cards and third party background reports are not required.

Please ensure the company is in compliance with ORS 733.580 that requires funds at least equal to a company’s required capitalization be invested (and kept invested) in amply secured obligations of the U.S., a state or an Oregon political subdivision. Generally, US Treasuries, GNMA, FNMA, FHLMC, cash (up to the FDIC limit) are acceptable.

Schedule D Part 1, Columns 2 and 11 of the annual statement is used to confirm compliance.

Corporate Amendments:
It is the policy of the Oregon Insurance Division to require a company to have a minimum of two years experience in the line(s) of business they are requesting. Please provide proof of such experience and a plan of operation with three year projections for the State of Oregon. If the applicant does not have this experience, consideration may be given to the experience of an affiliate provided the applicant and affiliate share common officers/directors. Return original Oregon Certificate of Authority for cancellation.

Pennsylvania

Legal References
Click here for Pennsylvania legal information
http://www.portal.state.pa.us/portal/server.pt/community/regulatory_information/17320/insurance_statutes/613337

Please check with the Pennsylvania Insurance Department for all other information. You can also contact the Department at:

1345 Strawberry Square
Harrisburg, PA 17120
(717)787-2735
ra-in-company@state.pa.us

State Specific Information
Pennsylvania has no other state-specific requirements for the Uniform Certificate of Authority Expansion Application.

Please check with the Pennsylvania Insurance Department for all other information. You can also contact the Department at:

1345 Strawberry Square
Harrisburg, PA 17120
(717)787-2735
ra-in-company@state.pa.us

Corporate Amendments:
Requirements for Certificate of Authority Amendments:
http://www.portal.state.pa.us/portal/server.pt/community/changing_your_business_profile/9275

Uniform Consent to Service of Process
Pennsylvania does not accept Service of Process and does not require Form 12.

Puerto Rico

State Specific Requirements

§ 3.090 of the Insurance Code of Puerto Rico-Funds required from insurers

‘’To qualify to receive the authority to transact any kind of insurance, an insurer must have and hold paid-in capital or surplus stock in an amount which shall not be less than what appears in the applicable portion of the following schedule:
 
                              Stock, mutual,                              
                              or cooperative                              
                                 insurers                               
                                                                    Reciprocals
           
                                 Capital or                            or                
                                  surplus
                           Lloyd's              
 Kind of                      required                         Surplus             
 Insurance
                                                      required             
Life                                $1,500,000               Not applicable    
Life and disability        $2,500,000              Not applicable    
Disability                        $1,000,000             $1,000,000     
Property                         $2.000,000              $2,000,000      
Agricultural only         Must qualify for                            
                                        property                                 
                                         insurance                                
Marine and Transport  $1,500,000               $1,500,000      
Casualty                          $2,000,000              $2,000,000      
Vehicle only                   $1,500,000               $1,500,000      
Surety and fidelity        $1,500,000                $1,500,000      
Title                                  $1,500,000                Not applicable    
Mortgage loans                 $3,000,000             Not applicable    
All insurance except life   $3,000,000             $3,000,000      
and mortgage loans   
                                                            
The Commissioner may increase the aforementioned requirements as may be determined by the economic condition of the country up to the amount he deems necessary for the adequate protection of the interests of the insured and the creditors of the insurer.’’

§ 310- Additional kinds of insurance, funds required of insurers

An insurer who is otherwise qualified therefore may be authorized to transact combinations of kinds of insurance other than the combinations stipulated in § 309 of this title, while possessing and maintaining additional paid-in capital, if a stock insurer, or additional surplus funds, if a mutual, cooperative, reciprocal or Lloyd's insurer, in an amount not less than that which is determined as follows:

For any lawful combination, add two hundred thousand dollars ($200,000) for each additional kind included in the combination to: the amount required under § 309 of this title for that one kind in the combination for which the largest amount is required under § 309 of this title, except that:

(1) Vehicle and disability insurance may be combined with casualty and in any combination including casualty, without need of funds in addition to those required for casualty alone.

(2) With such paid-in capital or such surplus in the amount of not less than three million dollars ($3,000,000), an insurer, if otherwise qualified therefore, may be authorized to transact all kinds of insurance except life insurance.
(3) This section shall not be applicable to mortgage loan insurers.

§ 312.  New insurer, additional surplus required 

(1) In addition to the minimum paid-in capital with regard to stock insurers, or minimum surplus with regard to mutual, cooperative, reciprocal and Lloyd's insurers, as required under §§ 309 and 310 of this title, every insurer shall hold at the time of the original authorization in Puerto Rico surplus funds in an amount not less than one-half of the amount of such minimum paid-in capital or minimum surplus, and each addition of a kind of insurance to said certificate of authority shall be deemed as if it were the original authorization.

(2) This section shall not apply to insurers of mortgage loans.

§ 313- Deposit requirements--Insurers organized in the United States

‘’No insurer organized under the laws of a state of the United States may be authorized to transact insurance in Puerto Rico, unless it deposits and maintains on deposit assets worth not less than fifty percent (50%) of the amount of the paid-in capital if a stock insurer, or surplus if a mutual, cooperative, reciprocal or Lloyd's plan insurer, as required to be maintained for the kind or kinds of insurance to be offered in Puerto Rico notwithstanding the provision contained in § 304(2) of this title. Provided, That in no case shall said deposit be greater than one.’’

*This process is part of the second phase of the authorization process and for this requirement the P.R. Insurance Department will contact the Insurer.

§ 316.  Required investment in Puerto Rican securities

‘’(1) An insurer shall not be authorized to transact insurance in Puerto Rico unless it has and maintains invested in the securities as designated in subsection (2) hereof an amount not less than one-half of the required capital, if a stock insurer, or surplus, if a mutual, reciprocal or Lloyd's plan insurer, shown in § 309 of this title for the kind or kinds of insurance to be transacted in Puerto Rico. Provided, that in the case of foreign insurers, this amount shall not be greater than one million dollars ($1,000,000).’’

*This process is part of the second phase of the authorization process and for this requirement the P.R. Insurance Department will contact the Insurer.
To be authorized the Insurer/Reinsure must pass through two phases:

First phase: $350 to evaluate the application. After this Office approves the first phase the Insurer/Reinsurer must comply with other requirements for the second phase including:

For Insurers:
Article 7.010 of the Puerto Rico Insurance Code
Certified check payable to the Secretary of the Treasury of Puerto Rico, covering the following:
(a) Filing articles of incorporation ($1.00 of each $1,000 of authorized capital, not less than $500, not to exceed $5,000)
(b) Certificate of authority……………………………….………………………$6,309     

 

For Reinsurers:
Certified check payable to the Secretary of the Treasury of Puerto Rico, covering the following:
(a) Filing articles of incorporation ($1.00 of each $1,000 of authorized capital, not less than $500, not to exceed $5,000)
(b) Certificate of authority………………………………………………………$ 2,103

Expansion Application
Provide Best’s Rating as of December 31, 20__

Number of ratios outside the unusual range according to the NAIC Insurance Regulatory Information Systems (IRIS), as of December 31, 20__

A certification by applicant's president, duly notarized, stating if any of the companies mentioned in the organizational chart operates in Puerto Rico and the kind of business it transacts in Puerto Rico.  If none of them operates in Puerto Rico, please, certify accordingly.

All policies, rates and endorsements should be submitted via SERFF, please reference the SERFF filing number in the UCAA cover letter.

Corporate Amendment Applications
Adding Lines of Business – provide two copies of each policy, endorsement and application forms to be issued in Puerto Rico for pre-approval. All policies, rates and endorsements should be submitted via SERFF, please reference the SERFF filing number in the UCAA cover letter.

Name Change, Change of Address for Insurers and Reinsurers, Redomestication and Mergers –Provide two copies of endorsement (one English, one Spanish) to be sent to the insurer’s policyholders in Puerto Rico, indicating name change. All policies, rates and endorsements should be submitted via SERFF, please reference the SERFF filing number in the UCAA cover letter.

A certification by applicant's president, duly notarized, stating if any of the companies mentioned in the organizational chart operates in Puerto Rico and the kind of business it transacts in Puerto Rico.  If none of them operates in Puerto Rico, please, certify accordingly.

Publish in two newspapers of general circulation in Puerto Rico (in English and Spanish) a notice indicating the effective date of the name change.   Note: the text in both languages must be submitted for preapproval and evidence of publication is required.

Variable Products (Variable Life and Annuity)
Register with the Securities Office of the Commissioner of Financial Institutions any variable contracts to be issued in Puerto Rico, provide evidence of registration. If already registered with the Securities Exchange Commission, evidence of registration must be presented instead of registration with the Office of the Commissioner of Financial Institutions.
                Office of the Commissioner of Financial Institutions
                1492 Ponce de León Avenue, Suite 600
                Santurce, Puerto Rico 00907-4127

Submit two copies for preapproval.
Appointed authorized representative with authorization to sell variable contracts in Puerto Rico.
Comply with provisions of Rule XLV of the Regulations of the Insurance Code of Puerto Rico, regarding additional requirements applicable to those insurers that market variable annuity contracts.

 

Rhode Island

Legal References
A link to the Public laws and General Laws can be found at: http://www.rilin.state.ri.us/Statutes/Statutes.html.

A link to proposed and current insurance regulations can be found at: http://www.dbr.ri.gov/rules/index.php#insurance.

Other Information
Domestic company applications are accepted, reviewed, and processed pursuant to R.I. Insurance Division Rule 8. Foreign company applications are accepted, reviewed, and processed pursuant to R.I. Insurance Regulation 30 and the UCAA Expansion Application.

R.I. has adopted the Uniform Certificate of Authority Application (UCAA) for Life and Health (L&H), Property and Casualty (P&C) and Title insurance companies. Other types of companies (HMOs, Fraternal Societies, Captives, RRGs, Surplus Line companies, Reciprocal Exchanges, and Authorized or Accredited Reinsurers) should contact the Chief Insurance Examiner, Jack Broccoli, for specific instructions when applying.

Expansion Applications are reviewed in chronological order, based on their date of receipt.  In addition to the non-refundable $1,200 fee due at time of application, we will request payment of a non-refundable $1,800 review fee when we are ready to begin the review of the applicant company.

Beginning on June 1, 2008, we will no longer accept applications in hard copy, please submit the application along with all pertinent attachments and related documents in .PDF format arranged and separated in accordance with the application table of contents: 1 thru 14 on CD or DVD. Please note that as items 1, 6, 11 and 12 require multiple filings, those items must be broken out and labeled separately, not submitted as one whole file.  The only hard copy items should be the company’s required cover letter and check for the $1,200 New Application Fee.  Filings not properly arranged, will be returned to the company for correction and must be resubmitted after correction as a new application.  This will be required for both electronic and non-electronic UCAA Expansion Filings.

Regarding UCAA Expansion Application Form No. 1E, Question 1: If the proposed lines of business for a life company include variable life and/or variable annuity authority, the applicant company must also submit a written opinion as to whether the applicant company’s state of domicile regulation provides a degree of protection to policyholders and the public which is substantially equal to that provided by R.I. Gen. Laws Chapter 27-32.

Regarding UCAA Expansion Application Form No. 1E, Question 7: Pursuant to R.I. Gen. Laws §27—35-3(a), if the applicant company’s state of domicile insurance holding company disclosure requirements and standards are substantially similar to the requirements of R.I.G.L. §27—35, submit only an affidavit attesting to that "substantial similarity"; do not submit a full Form B filing. If such an affidavit cannot be provided, the Form B filing should be submitted with a cover letter explaining the absence of "substantial similarity".

A Retaliatory Statement, completed by the company’s domestic Insurance Department/Division, will only be required when the domiciliary state does not have the proper information available to us through the UCAA Retaliatory Information page. A company may obtain a blank R.I. Retaliatory Statement from the R.I. Insurance Division’s web site at:
http://www.dbr.ri.gov/documents/divisions/insurance/foreign/RetaliatoryStatement.PDF

All Corporate Amendment applications should include a completed Informational Questionnaire, which is located at the following link: http://www.dbr.ri.gov/documents/divisions/insurance/foreign/RIQuestionnaire.PDF

Name change filings should also include a certified statement from a proper company official, which states that the name change has not been denied in any other States or Jurisdictions due to similarity of names or any other reasons.

Forms may also be requested by contacting:
Julie Savoie
Insurance Examiner
Rhode Island Insurance Division
1511 Pontiac Avenue
Cranston, RI 02920
(401) 462-9566
E-mail: Julie.Savoie@dbr.ri.gov

South Carolina

Legal References
Title 38, Code of Laws of South Carolina, 1976, as amended, and South Carolina Department of Insurance Regulations can be obtained from:

NILS Publications
21625 Prairie Street
Chatsworth, CA  91311

South Carolina Insurance Statutes are available at:
http://www.scstatehouse.net/

South Carolina Regulations are available at: http://www.scstatehouse.net/coderegs/c069.htm

State Specific Information
UCAA Primary and Expansion Applications: Go to http://doi.sc.gov/company/companylicensing/pages/insurancecompany.aspx

Corporate Amendments:
Please review the “Property and Casualty Supplement” shown under “Filing Guides” at the following website: http://doi.sc.gov/documents/filings/filingsPC.pdf, and contact Michael Williams of this Department’s Actuarial & Market Services Division at (803)737-6166 or MWilliams@doi.sc.gov with further questions.

South Dakota

Legal References

NILS Publishing Company
P.O. Box 2507
Chatsworth, CA 91313-2507
Outside U.S. (818) 998-8830
http://www.nils.com/

Thomson West
1-800-733-2889
west.editor@thomson.com

Tennessee

Legal References
Title 56 of the Tennessee Code Annotated, Chapter 2 pertains to licensing.

State specific forms can be obtained at http://state.tn.us/commerce/insurance/insadmpk.shtml.

Additional Qualifications to File the Expansion Application
All foreign companies must comply with TCA 56-2-113, which governs the period of organization before admission (‘seasoning’).
All applicants are required to submit a retaliatory form completed by the State of Domicile.
All applicants are required to file biographical affidavits with original notarized signatures with the company's application. The affidavits are to be completed for all officers and directors of the company as listed on the jurat page of the filed statement. The State of Tennessee will accept the NAIC biographical affidavit.

Information Specific to Tennessee Domestic Companies
The plan of operation and proposed charter must be filed and approved prior to submitting any other information.

Redomestications
A company wishing to redomesticate to Tennessee must file in accordance with TCA 56-2-113(D).

For state-specific forms:
http://www.state.tn.us/commerce/insurance/insadmpk.html

Requirements After Licensing
All insurers writing Workers' Compensation must implement an antifraud plan no later than their approval by the department.

All companies must have Rate Filing and Policy Filings submitted and approved, if applicable, before a company may commence writing in this state. Companies should contact the Rate and Policy Filings sections of this Division at 615-741-2825 for details on requirements.

Corporate Amendments
For Redomestications: The State of Tennessee requires a Certificate of Deposit from the new domiciliary state bearing original certification, to accompany the application.

Texas

Legal References

Texas Insurance Code
http://www.statutes.legis.state.tx.us/

Texas Administrative Code
http://info.sos.state.tx.us:80/pub/plsql/readtac$ext.ViewTAC?tac_view=3&ti=28&pt=1

Filing Fees
The following fees are filed with the Company Licensing and Registration Division.

Non profit legal service corporation application including issuance of certificate of authority

4.07
28 TAC
7.1301

Per application

$1,500

Non profit legal service corporation additional certificate of authority

4.07
28 TAC
7.1301

Per certificate

$50

Non profit legal service corporation amendment of a certificate of authority

4.07
28 TAC
7.1301

Per amendment

$50

Life, Health & Accident Insurance Co. / P&C Co. Filing an amendment to a certificate of authority if the charter is not amended*

4.07
28 TAC
7.1301

Per amendment

$50

Life, Health & Accident Insurance Co. / P&C Co. Affixing the official seal and certifying the seal

4.07
28 TAC
7.1301

Per seal

$11

Life, Health & Accident Insurance Co. / P&C Co. Reservation of name*

4.07
28 TAC
7.1301

One-time

$100

Life, Health & Accident Insurance Co. / P&C Co. Renewal of reservation of name*

4.07
28 TAC
7.1301

As necessary

$25

Life, Health & Accident Insurance Co. / P&C Co. Filing an application for admission of a foreign or alien company, including issuance of a certificate of authority*

4.07
28 TAC
7.1301

Per application

$2,000

Life, Health & Accident Insurance Co. / P&C Co. Filing an original charter of a company including issuance of a certificate of authority*

4.07
28 TAC
7.1301

Per filing

$1,500

Life, Health & Accident Insurance Co. / P&C Co. Filing an amendment to a charter if a hearing is held*

4.07
28 TAC
7.1301

Per amendment

$250

Life, Health & Accident Insurance Co. / P&C Co. Filing an amendment to a charter if a hearing is not held*

4.07
28 TAC
7.1301

Per amendment

$125

Life, Health & Accident Insurance Co. / P&C Co. Filing a designation or amendment to a designation of an attorney for service of process*

4.07
28 TAC
7.1301

Per designation
or amendment

$25

Life, Health & Accident Insurance Co. / P&C Co. Filing a total reinsurance agreement*

4.07
28 TAC
7.1301

Per filing

$750

Life, Health & Accident Insurance Co. / P&C Co. Filing a partial reinsurance agreement*

4.07
28 TAC
7.1301

Per filing

$150

Life, Health & Accident Domestic Insurance Co. / P&C Co. - Accepting a security deposit excluding those made pursuant to Sec. 3.16*

4.07
28 TAC
7.1301

Per acceptance

$100

Life, Health & Accident Domestic Insurance Co. / P&C Co. - Substitution or amendment of a security deposit excluding those made pursuant to Sec. 3.16*

4.07
28 TAC
7.1301

Per substitution
or amendment

$50

Life, Health & Accident Insurance Co. / P&C Co. Certification of statutory deposits*

4.07
28 TAC
7.1301

Per certification

$10

Life, Health & Accident Insurance Co. / P&C Co. Filing of restated articles of incorporation for domestic, foreign or alien companies*

4.07
28 TAC
7.1301

Per filing

$250

Filing a notice of intent to relocate books and records outside of Texas pursuant to Sec. 1.28*

4.07
28 TAC
7.1301

Per filing

$150

Filing of a direct reinsurance agreement*

4.07
28 TAC
7.1301

Per filing

$150

Filing for approval of merger of stock insurers, pursuant to 21.25*

4.07
28 TAC
7.1301

Per filing

$750

Filing for approval of agreement for purchase of stock for total assumption reinsurance, pursuant to 21.26*

4.07
28 TAC
7.1301

Per filing

$750

Filing a joint control agreement*

4.07
28 TAC
7.1301

Per filing

$50

Filing a substitution or amendment to a joint control agreement*

4.07
28 TAC
7.1301

Per filing

$20

Filing a change of attorney in fact*

4.07
28 TAC
7.1301

Per filing

$500

*Companies that produce less than $450,000 in gross written premium may reduce the fee by ½.

Other State- Specific Information
Fingerprints are required for the top executive officers, including CEO, President, Secretary,Treasurer, COO and CFO. Please call 512-322-3535 at the Texas Department of Insurance if you have any questions.

Submit biographical information pursuant to UCAA instructions and requirements. Submit fingerprints for each biographical affidavit that is submitted with the application. For fingerprint information, please see http://www.tdi.texas.gov/licensing/company/index/html

Texas strongly recommends electronic fingerprints.  Ink print cards require longer processing times and are very susceptible to inaccuracies that may require multiple submissions.

Texas does not require seasoning, but is a retaliatory state.

For information regarding premium taxes, call the Comptroller of Public Accounts at (512) 463-4600 or visit the web site at http://www.cpa.state.tx.us.

Primary Applications for Redomestication to Texas
For insurers planning to redomesticate to Texas, it is recommended that the Report of Examination as of date be no more than three years from the date of the application.

Adding a Line 
If the applicant is amending its Certificate of Authority to include auto liability or liability other than auto, and will write any one of the following products, the applicant will have to submit a loss control plan subsequent to licensing approval, but prior to writing. Please contact the Loss Control Division at 512-322-3435.

Commercial automobile liability insurance

Professional liability insurance for hospitals

Professional liability insurance for insureds other than hospitals

General liability insurance

Medical liabilty insurance for insureds other than hospitals

If applicant is planning to write worker’s compensation insurance, contact the Texas Workers' Compensation Commission at 1-800-372-7213 or visit the web site at http://www.twcc.state.tx.us. Subsequent to licensing approval but prior to writing worker’s compensation insurance, the applicant must file an Accident Prevention Plan to be reviewed by TWCC.

In conjunction with the above state specific requirements for adding a line, please also include the following when adding a variable annuity or life annuity product:

Under UCAA form 8C, Section I, Number 19 and Number 20, also include the following:

SEC approval – a file will not be accepted without it. If non-applicable, please document thoroughly.

An affidavit, signed by two officers and notarized, which affirms that all persons with access to cash, securities or other assets allocated to or held by the separate account shall be under bond in the amount of not less than $100,000.

If wanting to add variable annuity the following item must also be filed:

Disclose whether each investment advisor  i)  is registered under the Investment Advisers Act of 1940, or ii) is an investment manager under the Employee Retirement Income Security Act of 1974, or  iii)  whether the insurer will annually file required information and statements concerning each investment advisor as required by its domiciliary state. ) Statement specifying the standards of conduct with respect to the purchase or sale of investments of separate accounts (i.e. Board resolution)

Corporate Amendments:
Name Approval Requirements Texas requires a name reservation process prior to name approval. The name must not be similar to other licensed companies as to avoid customer confusion. A $100 fee is required. Name Application: http://www.tdi.state.tx.us/forms/fincolicense/fin300nameapp.doc

Life, Annuity and Credit/Accident & Health companies Instructions for filing Name Change Endorsement - Life Group Division Approval Guidelines: http://www.tdi.state.tx.us/forms/fincolicense/fin344nmchgend.doc

Life Group Division Approval Guidelines for Assumption Certificates: http://www.tdi.state.tx.us/forms/fincolicense/fin348assmpcert.doc

Utah

Legal References
Legal references for the regulation of insurance are found at http://www.insurance.state.ut.us/RuleIndex.html and http://www.insurance.state.ut.us/companies_law.html. A compilation of state and federal statutes, department regulations and bulletins applicable to regulation of insurance is available for purchase on the website.

Under Plan of Operation
Utah uses the UCAA Pro Forma which requires a three year projection, including RBC.

Vermont

Legal References

Laws
Butterworth Legal Publishers
Orford, New Hampshire 03777-9797

NILS Publishing Company
21625 Prairie Street
Chatsworth, CA 91311

World Wide Web
http://www.leg.state.vt.us/statutes/statutes2.htm

Bulletin 43

Regulations
NILS Publishing Company
21625 Prairie Street
Chatsworth, CA 91311

Bulletins
NILS Publishing Company
21625 Prairie Street
Chatsworth, CA 91311

Virginia

Legal References
Virginia insurance laws, regulations, and administrative letters are available at the Virginia Bureau of Insurance website: http://scc.virginia.gov/boi/index.aspx.

Other Information

Seasoning Requirement

Expansion applicants are subject to a performance standard, defined generally as profitable operations as a direct writer for each of the three immediately preceding three years. For applicants that do not strictly comply with this standard, the Bureau of Insurance, at its discretion, may give due consideration to such mitigating factors as the severity, cause(s), and timing of statutory losses, surplus strength of the applicant, financial strength of a parent insurer licensed in Virginia, other affiliates licensed in Virginia and under common control with the applicant, etc.

Tentative Approval

If after completing a review of an application the Bureau determines that an applicant meets Virginia's admission requirements, the Bureau will issue a letter of tentative approval, detailing remaining requirements to be fulfilled. These requirements typically consist of the submission of documents to:

  1. The Office of the Clerk of the Virginia State Corporation Commission ("Clerk's Office") to obtain a certificate of authority to transact business in Virginia under Title 13.1 of the Code of Virginia.   This is only a registration by a non-Virginia corporation to conduct business in Virginia generally.   The certificate of authority is not the insurance license, which is issued by the Bureau. The application for a certificate of authority can be downloaded from the Commission's Web site by clicking here or obtained by contacting the Clerk's Office at P.O. Box 1197, Richmond, VA 23218, (804) 371-9733, or toll-free in Virginia at 1-866-722-2551.  Note: An applicant is free to make this filing with the Clerk's Office at any time.   However, an applicant may want to consider delaying the filing until after the Bureau has issued the letter of tentative approval;

  2. The financial institution designated by the Treasurer of Virginia as custodian for deposits required by Title 38.2 of the Code of Virginia (except for fraternal benefit societies licensed under Chapter 41 of Title 38.2 of the Code of Virginia);

  3. The Virginia Department of Taxation. This involves registering and filing with the Department an Estimated Insurance Premiums License Tax Report pursuant to § 58.1-2505 of the Code of Virginia.  If this registration and filing are applicable, the Bureau will provide the company with appropriate instructions and Department contact information.

  4. The Company Licensing Section of the Bureau. Filings with Company Licensing would include copies of the registration with the Department of Taxation and the Department's Initial Declaration of Estimated Insurance Premiums License Tax confirmation.

Once an applicant has completed the tentative approval phase and the Bureau remains satisfied that the applicant meets all admission requirements, the Bureau will issue the applicant a license to transact the business of insurance in Virginia.

Uniform Consent to Service of Process

Virginia is one of several states that does not accept the Uniform Consent to Service of Process form (UCAA Form 12). A non-Virginia corporation establishes a registered agent in Virginia for acceptance of service of process when it obtains a certificate of authority from the Clerk's Office.   See item 1, above.   The registered agent's sole duty is to forward to the corporation at its last known address any process, notice or demand that is served on the agent.   Virginia law also provides that whenever a corporation fails to maintain a registered agent in Virginia, the Clerk of the Commission shall be an agent of the corporation upon whom service may be made in accordance with § 12.1-19.1 of the Code of Virginia. 

Additional information is required of the following types of companies:

Reinsurance Companies

License applications from companies only interested in transacting reinsurance in Virginia are not accepted. However, any such company desiring accreditation in Virginia as a reinsurer pursuant to §§ 38.2-1316.1 through 38.2-1316.8 should contact:

Greg Yeatts
Bureau of Insurance
(804) 371-9391
Gregory.Yeatts@scc.virginia.gov

Title Insurance Companies

Section 38.2-4610.1 of the Code of Virginia requires a foreign or alien title insurance company licensed to transact title insurance business in this Commonwealth to maintain at least the same reserves on title insurance policies issued on properties located in this Commonwealth as are required of domestic title insurance companies, unless the laws of the jurisdiction of domicile of the foreign or alien title insurance company require a higher amount.

Alien Companies

Certification showing a trusteed surplus of not less than $4,000,000 for the security of all its policyholders and creditors within the United States ( 38.2-1031).

Fraternal Benefit Societies

(a)   Constitution and By-Laws certified by the society's secretary ( 38.2-4129).

(b)   Certification from the proper official of the company's home state that the company is legally established and licensed to do business there ( 38.2-4129).

Reciprocal Insurance Companies

Power of Attorney appointing the Clerk of the Commission as statutory agent ; two copies required ( 38.2-1216). A form will be provided to the applicant during the review process.

Corporate Amendments , Mergers, etc.

Whenever a non-Virginia corporation, after it has obtained a certificate of authority from the Clerk's Office, files an instrument of amendment, merger, domestication or conversion in its home jurisdiction, it must file an authenticated copy of the instrument with the Clerk's Office within 30 days of the effective date of the instrument.   In addition, if the instrument changes the name of the corporation or jurisdiction under whose law it is incorporated, the authenticated copy of the instrument must be accompanied by form SCC710N.   To obtain additional information or instructions, contact the Clerk's Office at P.O. Box 1197, Richmond, VA 23218, (804) 371-9733, or toll-free in Virginia at 1-866-722-2551, or visit the Clerk's Office Web site at http://www.scc.virginia.gov/clk/.

Washington

Legal References
All legal references for the state of Washington, including laws, regulations and bulletins can be found on the Insurance Commissioner's Web site.

Fee Schedule
Fees for Insurance Company Admission and Renewal

Admission of Company
Filing Annual Statement $20.00
Issue Certificate of Authority $25.00

Filing Original Charter Documents,Bylaws, Record of Organization

$250.00
Filing Certificate of Valuation $5.00
Other Miscellaneous Documents $5.00
Annual Renewal
Filing Annual Statement $20.00
Renewing Certificate of Authority $25.00
Filing Certificate of Valuation $5.00
Other Miscellaneous Documents $5.00

Fee and tax schedules can be found in RCW 48.14.

RCW 48.05.340: Capital and surplus requirements.

(1) Subject to RCW 48.05.350 to qualify for authority to transact anyone kind of insurance as defined in chapter 48.11 RCW or combination of kinds of insurance as set forth in this subsection, a foreign or alien insurer, whether stock or mutual, or a domestic insurer must possess unimpaired paid-in capital stock, if a stock insurer, or unimpaired surplus if a mutual insurer, and additional funds in surplus, as follows, and must thereafter maintain unimpaired a combined total of:

(a) The paid-in capital stock if a stock insurer or surplus if a mutual insurer, plus (b) additional funds in surplus equal to the total of the following initial requirements:

Paid-in capital

Kind or kinds of insurance Stock or basic surplus Additional surplus
Life $2,000,000 $2,000,000
Disability 2,000,000 2,000,000
Life and disability 2,400,000 2,400,000
Property 2,000,000 2,000,000
Marine and transportation 2,000,000 2,000,000
General Casualty 2,400,000 2,400,000
Vehicle 2,000,000 2,000,000
Surety 2,000,000 2,000,000
Ocean marine and foreign trade 2,000,000 2,000,000

Any two of the following kinds of insurance: Property, marine & transportation, general casualty, vehicle, surety, ocean marine and foreign trade, disability

3,000,000 3,000,000

Multiple lines (all insurances except life and title insurance)

3,000,000 3,000,000
Title 2,000,000 2,000,000

(2) Capital and surplus requirements are based upon all the kinds of insurance transacted by the insurer wherever it operates or proposes to operate, whether or not only a portion of the kinds are to be transacted in this state.

(3)Until December 31, 1996, a foreign or alien insurer holding a certificate of authority to transact insurance in this state immediately prior to June 9, 1994, may continue to be authorized to transact the same kinds of insurance as long as it is otherwise qualified for that authority. A domestic insurer, except a title insurer, holding a certificate of authority to transact insurance in this state immediately prior to June 9, 1994, may continue to be authorized to transact the same kinds of insurance as long as it is otherwise qualified for such an authority and thereafter maintains unimpaired the amount of paid-in capital stock, if a stock insurer, or basic surplus, if a mutual or reciprocal insurer, and special or additional surplus as required of it under laws in force immediately prior to June 9, 1994. A domestic insurer that is acquired or merged must, immediately after completion of an acquisition or merger, meet the capital and surplus requirements of subsection (1) of this section. A domestic insurer, upon attaining the capital and surplus requirements of subsection (1) of this section, may not return to the capital and surplus requirements existing before June 9, 1994.

[2007c127§1;2005 c223§2;1995 c83§14;1994 c171§1;1993 c462§50; 1991 sp.s.c 5§1;1982 c181§3;1980 c135§1;1967c 150 §5; 1963c195§ 7.]

http://apps.leg.wa.gov/RCW/default.aspx?cite=48.05.340

West Virginia

West Virginia Secretary of State

Office of the West Virginia Secretary of State
Administrative Law Division
Building 1, Suite 157K
1900 Kanawha Blvd., East
Charleston, WV 25305-0770
(304) 558-6000
wvsos@secretary.state.wv.us

Lexus Law Publishers

Michie Law
Lexus Law Publishers
P.O. Box 7587
Charlottesville, VA 22906
(800) 542-0957

Legal References

NILS Publishing Company
21625 Prairie Street
Chatsworth, CA 91311
(800) 423-5910

State Specific Information

Corporate Amendments:
Name Change – Certificate of Deposit reflecting new name. Explanation of how policyholders will be notified of name change. Redomestication – Certificate of Deposit from new state of domicile. The Rates and Forms Division will not accept any filings required due to a corporate amendment prior to approval of the corporate amendment by the Financial Conditions Division. Example would be a name change endorsement. Rates and Forms Division would not accept a filing until the company received approval of the name change from the Financial Conditions Division.

Wisconsin

Legal References
Information regarding insurance laws, rules and bulletins may be obtained at: http://oci.wi.gov/wisrules.htm 

Other State-Specific Information

http://oci.wi.gov/app_pack/21-001.htm

Insurers are required to file with their application the applicable Compulsory and Security Surplus Calculation form as of the most recently completed quarter-end, as applicable.

OCI 22-008 Property & Casualty

OCI 22-009 Life Companies

OCI 22-031 Fraternal

OCI 22-091 Mortgage Guaranty Insurers

Any deficit result should be accompanied by justification. The compulsory and security surplus forms are available under "OCI Forms" at the Wisconsin Commissioner of Insurance website. [Ref: 611.19, 618.21 Wis Stats, Ins 51.80 Wis Adm Code]

Insurers are required to file with their application a copy of the currently used custodial agreement(s) with a bank or trust company to hold company investments, and indicate what investments (if any) are either not held under the custodial agreement or held by states as a deposit.

Applicants are required to complete a form OCI 12-014 Designation of Agent for Service of Process (Ref: 601.715 Wis Stats.)

Applicants are also required to file hard copies of the most recent annual and quarterly statements available.

Wyoming

Legal References
For information regarding Wyoming State Laws and Regulations, go to the Links to Other Related Sites section of the Wyoming Insurance Department's Web page at: http://insurance.state.wy.us

State Specific Instructions
Wyoming requires the signature of the president, or vice-president or other chief officer and the scretary of the insurer on UCAA Form 2P for Primary Applicaitons and Form 2E for Expansion Applications. If a reciprocal insurer, the attorney-in-fact must sign UCAA Form 2P for Primary Applications and Form 2E for Expansion Applications.

Report of Examination
Per W.S. 26-3-112(a)(vi), a company's most recent report of examination must be as of a date within not more than 36 months preceding the application date.

Seasoning Requirements

Please see W.S. 26-3-105 (a) for Wyoming's seasoning requirements.

Requirements for Wyoming Domestic Insurance Companies
For licensing requirements that apply to Wyoming domestic insurance companies, please refer to Chapter 3 and Chapter 24 of the Wyoming Insurance Code, which is located in Title 26 of the Wyoming Statutes. In addition, please see the following chapters for the types of insurers specified below:

Chapter 23 - Title Insurance Companies

Chapter 25 - Insider Trading in Domestic Insurer Securities (domestic stock insurers only)

Chapter 26 - Farm Mutual Property Insurers

Chapter 27 - Reciprocal Insurers

Chapter 29 - Fraternal Benefit Societies

Chapter 34 - Health Maintenance Organizations

Below is a brief summary of some of the state-specific requirements for Wyoming domestic insurance companies.

W.S. 26-3-104(c):

Before granting a certificate of authority to a new domestic insurer, the commissioner shall secure a credit and investigation report as to the insurer’s management personnel and directors from a recognized and established independent investigation and reporting agency.

W.S. 26-24-102(a):

The applicable provisions of the Wyoming Business Corporation Act (§ 17-16-101 et seq.) apply to domestic stock insurers and domestic mutual insurers, except as in conflict with the express provisions of this code (Title 26) and the reasonable implications thereof. Per W.S. 26-24-102(b), domestic stock and domestic mutual insurers are exempt from the provisions of W.S. 17-16-1630 and 17-16-1720(e) and (f).

W.S. 26-24-103 through 26-24-108:

These statutes contain the requirements for a domestic insurers’ incorporators and the corporation itself.

W.S. 26-24-109 through 26-24-119:

These statutes contain specific requirements for domestic mutual insurance companies. Please note that a domestic mutual insurance company shall include the word “mutual” in its name per W.S. 26-24-103(c)(i).

W.S. 26-24-120:

This statute contains specific requirements for domestic stock insurance companies.

W.S. 26-24-121 through 26-24-128:

These statutes contain specific requirements relating to the officers and board of directors of domestic insurance companies. Per W.S. 26-24-121(d), an insurer operating as an authorized insurer only in the State of Wyoming shall have a majority of its board of directors residing in Wyoming. These members shall also be citizens of Wyoming. Per W.S. 26-24-121(e), any executive committee of a board of directors shall consist of not less than three directors, a majority of whom shall reside in Wyoming.

W.S. 26-24-129:

This statute requires that a domestic insurance company shall have and maintain its principal place of business and home office in Wyoming. In addition, the domestic insurer shall keep in its principal place of business accurate and complete accounts and records of its assets, transactions and affairs in accordance with the usual and accepted principles and practices of insurance accounting and record keeping as applicable to the kinds of insurance the insurer transacts. The insurer shall also have and maintain its assets in Wyoming.

W.S. 26-24-130 through W.S. 26-24-151:

These statutes contain various requirements regarding disbursements; borrowing; participating policies; dividends; contingent liability of mutual members; nonassessable policies; impairment of capital; directors’ liability; mutualization of stock insurers; conversion of mutual insurers to stock insurers; mergers; acquisitions; bulk reinsurance; and mutual members’ share of assets upon liquidation.