§36-606.1. Certain foreign or alien insurers may become domestic
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insurers - Requirements and procedures.
A. 1. Any foreign or alien insurer which is organized under the laws of any other jurisdiction for the purpose of transacting insurance may become a domestic insurer by complying with all of the requirements of law relative to the organization and licensing of a domestic insurer of the same type and by designating its principal place of business at a location in this state, provided the Insurance Commissioner approves the insurer's application for redomestication. Such domestic insurer will be entitled to like certificates and licenses to transact business in this state and shall be subject to the authority and jurisdiction of this state.
2. The Commissioner shall approve an insurer's application to redomesticate unless he or she finds that:
a. the insurer cannot comply with all the requirements of
law relative to the organization and licensing of a
domestic insurer,
b. after redomestication, the insurer would not be able
to satisfy the requirements for the issuance of a
license to write the line or lines of insurance for
which it is presently licensed,
c. the effect of the redomestication would be
substantially to lessen competition in insurance in
this state or tend to create a monopoly therein,
d. the financial condition of the insurer is such as
might jeopardize or prejudice the interest of its
policyholders or the state and is not in the public
interest, or
e. the competence, experience and integrity of those
persons who control the operation of the insurer are
such that it would not be in the interest of the
policyholders, the public or the state to permit the
redomestication.
3. The insurer's application to redomesticate shall contain information acceptable to the Commissioner concerning its financial condition, its plan of operation for the succeeding three
(3)years, and information concerning the competence, experience and integrity of those persons who control the operation of the insurer.
4. If the Commissioner determines that grounds exist to disapprove the application to redomesticate, a public hearing shall be held. The application for redomestication shall be deemed approved unless the Commissioner has, within thirty
(30)days after the conclusion of the hearing, entered his or her order disapproving the redomestication.
B. Any domestic insurer may, upon the approval of the Insurance Commissioner, transfer its domicile to any other state in which it is admitted to transact the business of insurance, and upon such a transfer, shall cease to be a domestic insurer, and shall be admitted to this state if qualified as a foreign insurer. The Commissioner shall approve any such proposed transfer unless he or she shall determine such transfer is not in the interest of the policyholders of this state.
C. The certificate of authority, agents appointments and licenses, rates, and other items which the Insurance Commissioner allows, in his or her discretion, which are in existence at the time any insurer licensed to transact the business of insurance in this state transfers its corporate domicile to this or any other state by merger, consolidation or any other lawful method shall continue in full force and effect upon such transfer if such insurer remains duly qualified to transact the business of insurance in this state.
All outstanding policies and other contracts of any transferring insurer shall remain in full force and effect and need not be endorsed as to the new name of the company or its new location unless so ordered by the Commissioner. Every transferring insurer shall file new policy forms with the Commissioner on or before the effective date of the transfer, but may use existing policy forms
with appropriate endorsements if allowed by, and under such conditions as approved by, the Commissioner. However, every such transferring insurer shall notify the Commissioner of the details of the proposed transfer, and shall file promptly, any resulting amendments to corporate documents required to be filed with the Commissioner.
D. The Insurance Commissioner may promulgate rules and regulations to carry out the purposes of this section. Added by Laws 1989, c. 320, § 1, eff. Nov. 1, 1989. Amended by Laws 2018, c. 306, § 1; Laws 2024, c. 345, § 11, eff. Nov. 1, 2024.