Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
031 - BUREAU OF INSURANCE
Chapter 860 - ALIEN INSURERS; PORT OF ENTRY
Section 031-860-4 - Authorization of Entry
Universal Citation: 02 ME Code Rules ยง 031-860-4
Current through 2024-38, September 18, 2024
A. A non-U.S. insurer may use this state as a port of entry to transact insurance in the United States through a U.S. branch by:
(1)
Qualifying as an insurer licensed to do business in this state; and
(2) Establishing a trust account, pursuant to
a trust agreement approved by the Superintendent with a U.S. Bank approved by
the Superintendent, in an amount at least equal to the greater of the minimum
capital and surplus r authorized control level risk based capital required to
be maintained by a domestic insurer licensed to do the same kind of
insurance.
B. In order to receive authorization to utilize the State of Maine as a port of entry, the non-U.S. insurer, in addition to the requirements of Sections 4, 6 and 8 of this Rule and any other requirement of the Insurance Law, must:
(1)
submit a copy of its charter and by-laws, if any, currently in force, and such
other documents necessary to show the kinds of business which it is empowered
to do in its domiciliary jurisdiction, attested to as accurate and complete by
the insurance supervisory official in its home jurisdiction, and a full
statement, subscribed and affirmed as true under the penalties of perjury by
two officers or equivalent responsible representatives in such manner as the
Superintendent shall prescribe, of its financial conditions as of the close of
its latest fiscal year, showing its assets, liabilities, income disbursements,
business transacted and other facts required to be shown in its annual
statement, as reported to the insurance supervisory official in its home
jurisdiction; an English language translation, as necessary, of any of the
documents required herein; and
(2)
submit to an examination of the insurer's affairs at its principal office
within the United States, which must be located in Maine, or, to the extent
determined acceptable in the sole discretion of the Superintendent, submit a
report of examination of the insurer's affairs done by the insurance
supervisory official of the insurer's home jurisdiction.
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