New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter I - GENERAL PROVISIONS
Part 6 - Electronic Filings and Submissions
Section 6.2 - Required electronic filings and submissions

Universal Citation: 11 NY Comp Codes Rules and Regs ยง 6.2

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Except where the Insurance Law requires a filer to submit a hard copy, a filer shall submit to the superintendent the following electronically, in a form and manner acceptable to the superintendent:

(1) Insurance Fraud Prevention Plans and Reports. A report required by Insurance Law section 405(a) and a fraud prevention plan, subsequent plan amendments, and annual reports required by Insurance Law section 409(a), (d), and (g).

(2) Rates and Forms. Through SERFF, a rate, rating plan, rating rule, rating manual, rating classification, territory, or insurance contract or policy form, except when the filer is a charitable annuity society or assessment cooperative but including when the filer is a student health plan certified pursuant to Insurance Law section 1124.

(3) Compensation Schedules. Through SERFF, a schedule of rates of commissions, compensation and other fees or allowances to a gents and brokers as required by Insurance Law section 4216(e) and sections 185.9 and 187.8 of this Title.

(4) Annual and Quarterly Statements. An annual financial statement and the required independently audited financial statement of a student health plan certified pursuant to Insurance Law section 1124 or municipal cooperative health benefit plan certified pursuant to Insurance Law Article 47 and a quarterly financial statement of such a municipal cooperative health benefit plan. In addition, the filer also shall file the statements as hard copies.

(5) Risk Retention and Purchasing Group Documents. The information required by Insurance Law sections 5903, 5904, and 5908(a) and (d).

(6) Holding Company and Parent Corporation Applications an d Reports. The following holding company and parent corporation applications and reports:
(i) an application for acquisition or retention of control or a notice of proposed divestiture of control submitted pursuant to Insurance Law section 1506 and section 80-1.6 of this Title;

(ii) an application for a determination of non-control submitted pursuant to Insurance Law section 1501(c) and section 80-1.3 of this Title;

(iii) a report submitted pursuant to section 80-1.4 of this Title and 10 NYCRR 98-1.1.16(e);

(iv) a request for approval of a transaction and a notice of a proposed transaction submitted pursuant to Insurance Law section 1505(c) and (d) and section 80-1.5 of this Title or 10 NYCRR 98 -1.10(c) and 10 NYCRR 98-1.11(b);

(v) notice to acquire, divest, invest in, or organize pursuant to Insurance Law section 1603, 1701, 1705 or 1710 or section 81-1. 1 of this Title;

(vi) a registration and any amendment thereto submitted pursuant to Insurance Law section 1604(a) or 1717(a);

(vii) notification of a transaction submitted pursuant to Insurance Law section 1608(e) or 1712(b);

(viii) a report submitted pursuant to section 81-1.2 of this Title;

(ix) a request for a waiver submitted pursuant to section 81-1.3 or 81-2.10 of this Title;

(x) a report submitted pursuant to Insurance Law section 1708 and section 81-2.4 of this Title; and (xi) a report submitted pursuant to section 81-2.3 or 81-2.5 of this Title.

(7) Agreement for an advance or borrowing; surplus note or principal or interest payments. An agreement submitted for approval pursuant to Insurance Law section 1307(d) and an application for approval of the issuance of a surplus note or principal and interest payments pursuant to Insurance Law section 1307.

(8) Dividend distributions. An application or notice of intent to declare and distribute a dividend when required to notify the superintendent.

(9) Medicare supplement insurance advertising filing. Through SERFF, a filing made pursuant to section 215.5(d) of this Title.

(10) Free trade zone report. A financial report submitted pursuant to section 16.7(a) of this Title.

(11) Pharmacy benefit manager documents. The information and documents required by Insurance Law Article 29, Public Health Law section 280-a and Chapter XXI of this Title.

(b)

(1) An insurer shall file electronically with the NAIC:
(i) its annual and quarterly statements pursuant to Insurance Law section 307 or 308 or the Public Health Law and regulations promulgated thereunder;

(ii) its New York supplement or New York data requirement, with regard to health maintenance organizations; and

(iii) its audited financial statement.

(2) The electronic submission shall include all of the schedules, supplements, and exhibits, except for the NAIC Supplemental Compensation Exhibit.

(3) An insurer that files a statement, schedule, supplement, or exhibit electronically pursuant to this subdivision also shall file a hard copy with the superintendent, provided, however, that a foreign insurer, other than a life insurance company or accident and health insurance company, need not file a hard copy of a statement, schedule, supplement, or exhibit other than the New York supplement jurat page containing the original signature of the insurer's principal officers and the notary administering the oath.

(c) Notwithstanding any provision of this section, a filer shall submit to the superintendent a hard copy of all notarized documents and witness statements.

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