Section 1608. Relationships and transactions between parent and subsidiary  


Latest version.
  • (a) The  business  operations,  corporate  proceedings  and  fiscal  and
      accounting  records  of  subsidiaries  organized or acquired pursuant to
      this article shall be conducted  or  maintained  so  as  to  assure  the
      separate  legal  and  operating identities of the parent and subsidiary,
      but nothing herein shall preclude arrangements for common management  or
      the  cooperative  or  joint  use  of  personnel,  property  or  services
      otherwise consistent with this chapter.
        (b) All transactions between the insurer and its subsidiaries shall be
      fair and equitable, charges or fees  for  services  performed  shall  be
      reasonable  and  all  expenses  incurred  and payments received shall be
      allocated to the insurer  on  an  equitable  basis  in  conformity  with
      customary insurance accounting practices consistently applied.
        (c)  The  books,  accounts  and  records  of  each  party  to all such
      transactions shall  be  so  maintained  as  to  clearly  and  accurately
      disclose  the  nature  and  details  of the transactions, including such
      accounting information as is necessary to support the reasonableness  of
      the charges or fees to the respective parties.
        (d)  The  superintendent  may  promulgate regulations relating to such
      subsidiaries, their management and their relationships and  transactions
      with their parent insurance companies and their affiliates to the extent
      that  the  same  may  affect  the  operations,  management  or financial
      condition of domestic insurers.  Subsidiaries that are persons within  a
      holding  company system, as such terms are defined in article fifteen of
      this chapter, shall be subject to the provisions of such article.