California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 1 - Production of Insurance
Article 4 - Surplus Lines
Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner
Section 2174.3 - Documents to Submit

Universal Citation: 10 CA Code of Regs 2174.3

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Annual Renewal Filing

Within a year of the initial filing and every year thereafter the insurer or the licensee must file the following:

(1) Foreign Insurers
(A) Financial Documents
(i) Annual Statement as required by Insurance Code Section 1765.1(c)(1)(A)

(ii) Audited Financial Report as required by Insurance Code Section 1765.1(c)(1)(B) & (D)

(iii) Latest Report of Examination as required by Insurance Code Section 1765.1(c)(7)

(iv) Quarterly Financial Statements

(B) Non-financial Documents
(i) Certified License as required by Insurance Code Section 1765.1(c)(2)

(ii) Certificate of Good Standing as required by Insurance Code 1765.1 Section (c)(2)

(iii) Agent for Service of Process as required by Insurance Code Section 1765.1(c)(3)

(iv) Principal Place of Business as required by Insurance Code Section 1765.1(c)(4)

(v) Market Conduct Statement as required by Insurance Code Section 1765.1(c)(5)

(vi) Regulatory Disclosure Statement as required by Insurance Code Section 1765.1(c)(6)

(vii) List of Surplus Line Brokers authorized to issue policies as required by Insurance Code Section 1765.1(c)(7)

(C) Supplemental information
(i) Proposed Plan of Operation as required under Insurance Code 1765.1(d)(1) and (h)

(ii) Biographical Affidavits pursuant to Insurance Code Section 1765.(d)(1)

(2) Alien Insurers
(A) Financial Documents
(i) Audited Financial Report as required by Insurance Code Section 1765.1(c)(1)(B) & (E)

(ii) Latest Financial Statement as required by Insurance Code Section 1765.1(c)(1)(A) & (E)

(iii) Quarterly or half-yearly if available

(B) Non-financial Documents
(i) Trust Agreement as required by Insurance Code Section 1765.1(c)(1)(C)(i)

(ii) Certified License as required by Insurance Code 1765.1(c)(2)

(iii) Certificate of Good Standing as required by Insurance Code Section 1765.1(c)(2)

(iv) Agent for Service of Process as required by Insurance Code Section 1765.1(c)(3)

(v) Principal Place of Business as required by Insurance Code Section 1765.1(c)(4)

(vi) Market Conduct Statement as required by Insurance Code Section 1765.1(c)(5)

(vii) Regulatory Disclosure Statement as required by Insurance Code Section 1765.1(c)(6)

(viii) List of Authorized Surplus Line Brokers as required by Insurance Code Section 1765.1(c)(7)

(ix) Most recent quarterly statement of account of assets in the trust as required by Insurance Code Section 1765.1(c)(1)(C)(ii)

(C) Supplemental Information
(i) Proposed Plan of Operation as required by Insurance Code Section 1765.1(d)(1) and (h)

(ii) Biographical Affidavits pursuant to Insurance Code Section 1765.1(d)(1)

All documents and information required to be filed pursuant to subdivision (a) must be the most recent version of the document or information. If a document or information has previously been filed to the Department it need not be refiled as part of the annual renewal filing. The cover letter with the annual renewal should mention when and what document was previously filed. If one or more of the documents listed in subdivision (a) is not filed with the Department as part of the annual renewal filing then explain in writing what those documents are and the reason they are not being filed.

(b) Update Requirements

Whenever a document required in the initial filing or annual renewal filing is materially changed or a more recent version becomes available, the insurer or the licensee must file the document as soon as it is available.

1. New section filed 6-12-92 as an emergency; operative 6-12-92 (Register 92, No. 24). A Certificate of Compliance must be transmitted to OAL 10-12-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-12-92 order transmitted to OAL 10-13-92 and filed 11-25-92 (Register 92, No. 48).
3. Repealer and new section filed 2-24-99; operative 2-24-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 9).

Note: Authority cited: Section 1763, Insurance Code. Reference: Sections 1763 and 1765.1, Insurance Code.

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