Section 7120. Redomestication of foreign insurance companies  


Latest version.
  • (a)
      Definitions.  In this section:
        (1) "Redomestication"  means  the  transfer  to  this  state  of   the
      corporate  domicile of an authorized foreign company, as provided for in
      this section.
        (2) "Transferring  company"  means  any  authorized  foreign   company
      seeking redomestication.
        (b) A transferring company shall:
        (1)  file  with  the  superintendent  a  certificate  in  such form as
      prescribed by the superintendent signed  by  the  insurance  supervisory
      official  of  the  state  where  such  transferring company is domiciled
      approving  the  proposed  redomestication  and  confirming   that   upon
      redomestication the transferring company shall no longer be subject as a
      domestic company to the requirements of its current state of domicile;
        (2)  comply with the applicable requirements of this chapter regarding
      the organization and licensing of a domestic company of the same type;
        (3) demonstrate to the satisfaction of the  superintendent  that  upon
      redomestication, the transferring company will be in compliance with the
      requirements  of this chapter and any regulations promulgated thereunder
      applicable to a domestic company of the same type;
        (4) submit to the superintendent all documents and  filings  necessary
      to comply with paragraphs two and three of this subsection; and
        (5)  submit  new  policy  forms  to  the  superintendent for use after
      redomestication, if so ordered by the superintendent,  or  use  existing
      policy forms with appropriate endorsements if allowed by, and under such
      conditions as approved by, the superintendent.
        (c) After the transferring company has complied with the provisions of
      this  section,  the  superintendent  may, in accordance with section one
      thousand one hundred two of this chapter issue  a  new  license  to  the
      transferring  company  to  reflect  the change in its state of corporate
      domicile. The duration of its license shall be governed by  section  one
      thousand  one  hundred  three of this chapter. Upon issuance of such new
      license the redomestication shall become effective and the  transferring
      company shall be a domestic company.
        (d) Simultaneous with the redomestication taking effect:
        (1)   all   materials   and  documents  that  were  submitted  to  the
      superintendent by the transferring company pursuant to the  requirements
      of this section shall be filed in the office of the superintendent; and
        (2)  the superintendent shall, in accordance with section one thousand
      two hundred one or other applicable provisions of this chapter issue  to
      the  company  a  certified copy of its new declaration and charter and a
      certificate of incorporation. The new charter of the company may provide
      for the continuation of the  corporate  existence  of  the  transferring
      company  and  in  such  case  the  original date of incorporation of the
      transferring company shall be the  date  of  incorporation  of  the  new
      domestic company.
        (e)  All  outstanding insurance policies and contracts shall remain in
      full force and effect with no change and need not be endorsed as to  the
      new  name  of the company, if any, or its new location unless ordered by
      the superintendent.
        (f) All agents' appointments and licenses, rates, and other items that
      the superintendent allows, existing  at  the  time  of  redomestication,
      shall  continue  in  full force and effect in accordance with applicable
      provisions of this chapter.