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 10/19/06 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 Updated 10/12/06 See Notes

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:

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 35 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 1.7%. 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/ac/UCAA-Primary/primary_application.htm.

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

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.

Rate and Form Filings 

Property & Casualty

Life & Health

Insurer Required Filings Package

Property & Casualty

Life & Health

Agent & Agency Appointments

Contact Telephone Numbers
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 850/413-2572, email address appcoord@fldfs.com

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.

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.

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

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.

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)(2), HRS. See §431:3-203.5, HRS, for an exception to the seasoning requirement.

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 for vehicle insurance authority must also comply with §431:10C-119, HRS, in regards to claim servicing. (See the Corporate Amendment Section below, for specific requirements.)

Companies that are planning 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.

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) Evidence that the merger or acquisition complies with Hawaii's Market Share and Competitive Standard laws pursuant to the Hawaii Revised Statutes, beginning with Chapter 431: 11-104.1
C) Submission of any endorsements that will be sent to the policyholders, with the applicable Certification of Readability.
D) 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.
E) Certified Approvals from the affected domiciliary states.

*** Adding the VEHICLE class of insurance:
A )Prior to licensing an insurer to transact the vehicle insurance business in this State, insurers must provide the name and address of the complete sales and claim service office in Hawaii pursuant to §431:10C-119, HRS.
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 Updated 11/9/06 See Notes

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. Include the Idaho Filing Submission Documentation Form along with the policy forms as part of the expansion application.
3. 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:

Don Robbins
Idaho Industrial Commission
317 Main Street
Boise, ID 83720
Phone Number: (208) 334-6042
Email: drobbins@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
Carol.Anderson@doi.idaho.gov

Corporate Amendments

Additional Requirements: Please refer to the Note below for the specific instructions.

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

Note:
(1) Certificate of Compliance must have an original certification from the state of domicile. Either UCAA form 6 or State form are accepted.

(2) Certificate of Deposit must have an original certification from the state of domicile. An insurer must have and maintain a deposit of $1,000,000 for the benefit of all policyholders or all policyholders and creditors in either Idaho or its state of domicile. (Idaho Code §41-316.) Either UCAA form 7 or State form are accepted.

(3) Please submit the Information Statement online.

(4) To Add: Submit the UCAA plus, if applicable, the additional requirements for Managed Care, Workers' Compensation, or Variable Products.

To Delete: Requirements to delete a line of business can be found on the UCAA State Chart Deleting Lines of Business

(5) Amendments of Articles must have an original certification from the state of domicile.

(6) Amendments of Bylaws must have an original certification signed by the corporate secretary.

Fees:
There is no fee for any Corporate Amendments Application.

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

Naoko Weigelt
Technical Records Specialist
Idaho Department of Insurance
700 W. State Street, 3rd Floor
Boise, ID 83720-0043
(208) 334-4311
Naoko.Weigelt@doi.idaho.gov

Illinois

Additional Fees and Taxes
Annual Renewal Fees

Filing Annual Statement $100

Renewal Certificate of Authority $100

The fee for filing Amended By-Laws is $25.
The fee for filing Amended Articles of Incorporation is $100.
The fee for filing Amended Certificate of Authority is $25.

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 Administrator 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 at http://www.in.gov/idoi/companyinfo/forms/index.html. 

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/about_us/FinancialReg/ucaa/default.asp?linksback=finreg .

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 CPA audited report would be preferred; however if one is not available financial data certified as accurate by a legal representative of each owner would be acceptable.

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.

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:

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://www.doi.ppr.ky.gov/kentucky/laws.asp 

State-Specific Items
State specific information  is available on the Kentucky Department of Insurance website at http://www.doi.ppr.ky.gov/kentucky/divs.asp?Divid=6. 

Louisiana

Legal References
The Department does not provide copies of insurance laws. Such information must be obtained from other sources, such as Westlaw, Redbook or other such sources.

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.htm .

Minimum Capital and Surplus Requirements(Expansion Application)

Stock Companies

Mutual Companies

Maine

Maine Secretary of State

Visit the Maine Secretary of State's website at: http://www.state.me.us/sos/sos.htm.

You can also contact the Secretary of State at:

Dan A. Gwadosky
Secretary of State
148 State House Station
Augusta, ME 04333
(207)626-8400.

The Secretary of State's office is located in the Nash School in the State House Complex, Augusta. You can also fax information and requests to the Secretary of State at (207)287-8598.

Legal References
In Maine, the Office of the Revisor of the Statutes maintains a database of laws for all state agencies, including the Department of Professional and Financial Regulation. Refer to Title 24 and Title 24-A for Maine's Insurance Code.

Click here for the text of current state rules, as maintained by the Maine Secretary of State.

Please visit http://www.state.me.us/sos/cec/rcn/apa/02/chaps02.htm on the
Secretary of State's Web site.

State-Specific Information
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.

Corporate Amendments:

For name changes: Name reservation is suggested in advance (Title 24-A, MRSA, Sect. 408 & Regulation Chapter 231, Section 3(B)) For redomestications: a filing may be required with the Secretary of State if the insurer is registered with the Secretary of State in Maine. The filing with the Secretary of State occurs after approval is received from the Bureau of Insurance. This $35 filing fee should be sent to: Corporate Examining Section, Secretary of State, 101 State House Station, Augusta, ME 04333-0101 and checks should be made payable to Treasurer, State of Maine.Telephone for Secretary of State: 207-287-4195.

Maryland Updated 4/25/06 See Notes

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)

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.

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 at
http://www.revisor.leg.state.mn.us/stats

Information regarding bulletins may be obtained at:

http://www.state.mn.us/portal/mn/jsp/content.do?subchannel=-536881551&sc2=-536884994&id=-536881351&agency=Commerce&sp2=y

Minnesota State-Specific Requirements and Forms
Minnesota state-specific requirements and forms are available at: http://www.state.mn.us/cgi-bin/portal/mn/jsp/content.do?subchannel=-536881380&programid=536896713&sc3=null&sc2=null&id=-536881352&agency=Commerce. 

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 at:

http://www.state.mn.us/cgi-bin/portal/mn/jsp/content.do?subchannel=-536881380&programid=536896713&sc3=null&sc2=null&id=-536881352&agency=Commerce

2. On changes of domicle, an orginal Certificate of Deposit and Certificate of Compliance by the new state of domicle 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 at http://www.mid.state.ms.us 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
MCA 83-1-27 gives authority to the Commissioner of Insurance to visit and examine any foreign insurance company applying for admission, at the expense of the company.

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 Updated 4/28/06 See Notes

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://www.insurance.mo.gov/industry/forms/index.htm

Montana

Legal References

State Specific Information

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

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

Corporate Amendments

Montana state-specific requirements for Corporate Amendments can be found at http://www.sao.state.mt.us/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
Click here for a copy of Nebraska Insurance Department Bulletins.

Other legal references can be found at http://www.doi.ne.gov/legal/legindex.htm.

Nevada

Legal References
Legal references for Nevada with respect to insurance laws and regulations can be found on the Nevada State Legislature's Web site.

Nevada bulletins can be found on the Nevada Division of Insurance Web site.

Expansion Application Requirements
Nevada wishes to receive only one copy of the current year statement rather than three copies.

Nevada does not wish to receive statements for the two preceding years. They will specifically request these copies if needed.

Do not send SEC filings with the application, unless requested

Do not send Risk Based Capital information with the application, unless requested.

Do not send written agreements, unless requested.

Instructions regarding filing and processing of the application:

Rates and forms must be submitted and approved before application will be approved for Certificate of Authority.

Property/Casualty, contact Vera@(775)687-4270, extension 259

Life and Health, contact Nancy @(775) 687-4270, extension 253

The Nevada Insurance Department DOES NOT notify the company that the application has been accepted.

The Nevada Insurance Department is unable to do stage processing or set timing goals.

Send only one copy of the application.

Corporate Amendments Application
For Change of Address Form, click on Insurance Department logo above, select Corporate & Financial under Division Sections and then select Corporate & Financial Forms.

Other Information
Applications must be submitted in a three-ring binder.

New Hampshire Updated 8/17/06 See Notes

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

Other Information
New Hampshire regulation INS 700 REQUIREMENTS FOR FOREIGN INSURANCE COMPANIES APPLYING FOR A LICENSE TO DO BUSINESS IN THE STATE OF NEW HAMPSHIRE is currently being revised .

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 Updated 6/6/06 See Notes

Legal References
Legal references for the State of New Mexico can be found at http://www.nmprc.state.nm.us/idstatutes.htm

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 Code may be purchased by contacting the Publisher at:

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

The New York Insurance Department 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 be purchased from the publisher at:

Lenz & Riecker Inc.
One Columbia Pl.
Albany, N.Y. 12207

The State of New York Insurance Department web site www.ins.state.ny.us contains an electronic version of the Insurance Law that may meet your needs. An electronic copy of the Regulations is not currently available on the web site.

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:
David P. Doran, Principal Insurance Examiner
(212) 480-5046
ddoran@ins.state.ny.us

For HMO’s :
Michael Scharff, Supervising Insurance Examiner
(212) 480-5060
mscharff@ins.state.ny.us

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). It is strongly recommended that foreign insurers have their name approved prior to submitting an application. Letters requesting approval and reservation should be submitted to the Office of General Counsel, State of New York Insurance Department, One Commerce Plaza, Albany, NY 12257 along with payment of the $25.00 fee, check made payable to the Superintendent of Insurance. See Insurance Department Regulation No. 104, 11 NYCRR 87. 

Capital and Surplus Requirements for property and casualty companies – See Article 41 of the N.Y. Ins. Law

Note: Property & Casualty Companies seeking to reinsure lines in addition to those lines they can write directly; or to write or reinsure risks outside the United States, its territories and possessions are required to have Surplus to Policyholders of $35,000,000.

*Cannot be licensed for these kinds of insurance unless company is licensed to write at least one line in Group A-Basic

** It should be noted that these are minimum requirements. A higher amount of surplus may be required based upon a review of the Company’s Plan of Operations and Financial Projections.

3. Capital and Surplus Requirements for Monoline Companies:

TITLE INSURANCE CORPORATIONS--Article 64 N.Y. Ins. Law

Paid-in capital	$500,000
Paid-in initial surplus	$250,000
Initial surplus to policyholders	$750,000
Surplus to policyholders to be maintained	$500,000
Minimum capital investments	$500,000

MORTGAGE GUARANTY INSURANCE CORPORATIONS --Article 65 N.Y. Ins. Law

Paid-in capital	$1,000,000
Paid-in initial surplus	$1,000,000
Initial surplus to policyholders	$2,000,000
Paid-in capital	$1,000,000
Paid-in surplus	$ 500,000
Surplus to policyholders to be maintained	$1,500,000
Minimum capital investments	$1,500,000

FINANCIAL GUARANTY INSURANCE CORPORATIONS —Article 69 N.Y. Ins. Law

Paid-in capital	$2,500,000
Paid-in surplus	$72,500,000
Initial surplus to policyholders	$75,000,000
Paid-in capital	$2,500,000
Paid-in surplus	$62,500,000
Surplus to policyholders to be maintained	$65,000,000
Minimum capital investments	$65,000,000

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

The following Commitments must be executed and submitted together with certified copies of the Board Resolutions adopting such commitments:

Untrustworthy (Removal of officers and directors found upon investigation to 
be untrustworthy)

Change in Plan of Operation

Reinsurance Agreements - All reinsurance agreements must be submitted in full. If a reinsurance agreement 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."

Primary Application (Domestic Insurer) Requirements
All domestic insurers must be incorporated through the State of New York Insurance Department 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 Insurance Department, 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). 

Request for a permit to solicit stock subscriptions or a request for a waiver. 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. A waiver must be requested if there will be no public offering. See Section 1204 of the N.Y. Ins. Law and Insurance Department Regulation No. 44, 11 NYCRR 7. 

Custodian Agreement

Commitments
The following Commitments must be executed and submitted together with certified copies of the Board Resolutions adopting such commitments:

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

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

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 insurers Annual Statement prepared on a New York 
basis for the past 3 years (life and accident and health insurers only). 

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).

Pursuant to Section 4119 of the New York Insurance Law no foreign or alien property/casualty insurance company shall be lice.nsed 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:

1. Security Funds

Workers' Compensation Security Fund (Article 6A, Workers' Compensation Law) 
Payable quarterly on May 15, August 15, November 15 and February 15 at the rate of 1% on direct written premiums less return premiums (mutual companies may also deduct dividends) for policies issued to insure payment of compensation pursuant to the Workers' Compensation Law of New York State. Payments are suspended in the case of stock companies when the amount of assets including any appropriation to such fund from the general fund equal or exceeds eighty four million dollars. Payments are refunded in the case of mutual companies when the balance in the funds equals to 5% of the New York Workers' Compensation loss reserves of all the carriers contributing to the fund. Director of Taxes and Accounts will advise authorized insurers of any assessments due.
 

Public Motor Vehicle Liability Security Fund (Section 7604(b) N.Y. Ins. Law) - 
Payable quarterly on May 15, August 15, November 15 and February 15 at the rate of 3% on direct premiums written less dividends per Section 370 of the New York State Vehicle and Traffic Law (Indemnity Bonds or Insurance Policies on Vehicles Transporting Passengers for Hire). Payments are suspended when the balance in the funds becomes equal to 15% of New York outstanding claim reserves of all contributing insurers.
 

Property and Liability Insurance Security Fund (Section 7603(b) and 7604(b) N.Y. Ins. Law) - Covers all kinds of insurance other than Public Motor Vehicle, Workers' Compensation, Life, Accident and Health, Title and Mortgage Guarantee insurance. The Fund dropped below the statutory minimum requirement as of December 31, 1987 and contribution were resumed. The fund will remain in a contributory status until the end of the fund year in which it is determined it has reached its statutory minimum.

2. 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

3. 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.

4. Taxes

FRANCHISE TAX (Article 33, New York State Tax Law)

Payable to the State Tax Commission on or before March 15:

Every domestic insurance corporation, except a co-operative insurance corporation, and every foreign or alien insurance corporation, for the privilege of exercising its corporate franchise, or of doing business, or of employing capital, or of owning or leasing property in this State in a corporate or organized capacity, or of maintaining an office in this State for all or any part of its taxable year, is required to pay a franchise tax computed in accordance with the provisions of Article 33 of the New York State Tax Law as follows:

Insurance Taxation under Article 33

Tax Law Article or Section	Rate Base	1978
Art. 33 Franchise, Insurance	Largest of the following:
	Entire net income	9.0%
	Officers compensation alternative	9.0%
	Per $1 of business and investment capital	1.6 mills
	Minimum	$250
	Plus:
	Per $1 of subsidiary capital	0.8 mill
	Plus:
	Premiums on risks located or resident in State
	Life insurance	0.8%
	Accident and Health Insurance	1.0%
	Property and Casualty Insurance	1.2%
	Premiums on risks located outside U.S.	1.2%

A tax credit of 90% of the retaliatory taxes paid other states by domestic insurers is allowed, but this credit may not exceed the amount of the tax under Article 33. An additional credit for taxes paid under Sections 9104 and 9105 of the N.Y. Ins. Law (see below) is also allowed. For tax years beginning on or after January 1, 1977, the amount of tax computed without regard to any allowable credits may not exceed 2.60% of taxable premiums.

ESTIMATED TAX - (Article 33, New York State Tax Law)

Payable to the State Tax Commission:

A declaration of estimated tax for the current year is required on or before July 15. Payments of the estimated tax are due on March 15, July 15, October 15 and January 15. The March 15 payment must equal 25% of the prior year tax and the payments for July 15, October 15 and January 15 must each be equal to 1/3 of the estimated tax less the March 15 payment. Any difference between the estimated tax and the actual tax is adjusted at the time of filing the actual tax report. A copy of the tax report must also be filed with the Superintendent of Insurance.

FIRE DEPARTMENT TAX - (Sections 9104 and 9105 of the N.Y. Ins. Law)

Reports are filed with the Superintendent of Insurance and are due on or before February 15. Tax is payable by foreign or alien stock insurers to local fire departments (other than New York City and Buffalo) through the Insurance Services office of New York, acting as the taxpayers' agent, or through the Insurance Department at the taxpayers' option. Tax is payable by foreign and alienmutual insurers to all local fire departments, including New York City and Buffalo, through the Insurance Department only. Stock insurers must pay tax directly to New York City and Buffalo, in accordance with these cities' Administrative Codes. Tax is computed at the rate of 2% on direct premiums received for insurance against loss or injury by fire upon property situated in this State. Return premiums and dividends are deductible under Section 9105 (mutual companies). Allied lines are included for purposes of §9105 (mutual companies). Factory mutuals are taxed on gross premiums, less dividends and returns to policyholders, upon policies on risks located in this State in force on the 31st day of December, next preceding. A schedule is required for all insurers showing the amount of premiums received from each organized area in the State. A fire department code manual is available from the Insurance Department for use in connection with this schedule. A credit for this tax is allowed against the tax imposed under Art. 33 of the tax law (see above).

5. 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 Insurance 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/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_58.html.

Insurance administrative rules are contained in Title 11 of the North Carolina Administrative Code. A copy of Title 11 may be obtained from West Group, P. O. Box 64526, Eagan, MN 55164-0526, 1-800-762-5272. Individual administrative rules may be referenced at www.oah.state.nc.us, then click on Rules Division, click on NC Administrative Rules, click on Administrative Rules Online, click on Title 11.

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

State-Specific Information
State-specific information  can be found at: http://www.ncdoi.com/FED/CA/fed_ca_domestic.asp.

Please see the document, "NAIC UCAA Application Information," at the state-specific website for general information, admission requirements and state specific forms regarding North Carolina applications for admission.

The following state-specific forms are required to be included in a UCAA application package, if applicable:

NCDOI Admissions accepts instead the NAIC UCAA version.

NCDOI Admissions accepts instead the NAIC UCAA version.

Power of Attorney to Sell Securities on Deposit (11 NCAC 14.0417)

Unconditional Guaranty (11 NCAC 14.0421)

Corporate Resolution of Guarantor (11 NCAC 14.0422)

Update Fee: Effective January 1, 2006, the "$1,000 and $1,100" licensing fees will each increase to instead $1,500

Each successful applicant company must pay an initial license fee after it is notified that the initial license has been approved. The amount of this fee is $1,000 for a life, fire or casualty insurance company and $1,100 for a multiple line fire and casualty insurance company (NCGS 58-6-7). The annual license period runs from July 1 through June 30 of the following year. The initial license fee is not prorated. The amount of the initial license fee will be included in the notification letter to each successful applicant company. The initial license fee should not be paid until the company is notified of the license being issued.

Corporate Amendments:
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.

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 Updated 7/12/06 See Notes

State-Specific Instructions [PDF]