Indiana Code
Chapter 6. Formation of Domestic Companies
27-1-6-21. Company Domiciled in Indiana; Requirements

Sec. 21. (a) A company that is approved by the department after June 30, 2000, to be domiciled in Indiana, must have and maintain in Indiana the following:
(1) A physical presence that provides economic benefit to the state.
(2) Complete records of the company's assets, transactions, and affairs in accordance with methods and systems that are customary or suitable to the kind or kinds of insurance transacted by the company, including all records required under IC 27-1-7-16. Records may be maintained in a form that is physically or electronically available to the department within Indiana.
(b) The commissioner shall determine whether the requirements of subsection (a) are met. In making a determination under subsection (a)(1), the commissioner shall compare and consider the following:
(1) The economic benefit to Indiana and Indiana communities offered by the domestication of the company.
(2) The costs that may be incurred by the state in regulating the company as a domestic company versus a foreign company.
(c) If a domestic company subject to this section fails to comply with the provisions of subsection (a), the commissioner may:
(1) require the company to transfer its domicile under IC 27-1-6.5-2; or
(2) annually impose an additional administrative fee on the company in an amount equal to the difference between the cost of regulating the company as a domestic company and the cost of regulating the company as a foreign company. The fee shall be deposited in the department of insurance fund established by IC 27-1-3-28.
(d) In the case of a company that is part of an insurance holding company system (as defined in IC 27-1-23-1) whose presence provides an economic benefit to the state, the commissioner shall consider the insurance holding company system and any domestic company in the aggregate when making the determination required under subsection (b).
As added by P.L.144-2000, SEC.1.

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