33-2-115. Application for certificate of authority. To apply for an original certificate of authority, an insurer shall file with the commissioner its application accompanied by the applicable fees as specified in 33-2-708, showing its name, location of its home office or principal office in the United States, if an alien insurer, kinds of insurance to be transacted, date of organization or incorporation, form of organization, state or country of domicile, and any additional information that the commissioner may reasonably require. The application must be accompanied by the following documents, as applicable:
(1) if a foreign insurer, a copy of its corporate charter or articles of incorporation, with all amendments, certified by the public officer with whom the originals are on file in the state or country of domicile;
(2) if a mutual insurer, a copy of its bylaws as amended, certified by its secretary or other officer having custody of the bylaws;
(3) if a reciprocal insurer, copies of the power of attorney of its attorney-in-fact and of its subscribers' agreement, if any, certified by its attorney-in-fact;
(4) a copy of its financial statement as of the preceding December 31, sworn to by at least two executive officers of the insurer or certified by the public insurance supervisory official of the insurer's state of domicile or of entry into the United States;
(5) a copy of report of last examination, if any, made of the insurer, certified by the insurance supervisory official of its state of domicile or of entry into the United States;
(6) if a foreign or alien insurer, appointment of a registered agent to receive service of legal process pursuant to 33-1-605;
(7) if a foreign or alien insurer, a certificate of the public official having supervision of insurance in its state or country of domicile or state of entry into the United States, showing that it is authorized to transact the kinds of insurance proposed to be transacted in this state;
(8) if an alien insurer, a copy of the appointment and authority of its United States manager, certified by its officer having custody of its records;
(9) if a foreign insurer, certificate as to deposit if to be tendered pursuant to 33-2-111;
(10) if a domestic insurer, specimen copies of policies proposed to be offered in this state, together with premiums or premium rates applicable, or a declaration that the rates as applicable will be those promulgated by designated rating organizations authorized to file the rates in this state on behalf of the insurer.
History: En. Sec. 56, Ch. 286, L. 1959; R.C.M. 1947, 40-2811; amd. Sec. 9, Ch. 380, L. 2003; amd. Sec. 5, Ch. 60, L. 2019.
Structure Montana Code Annotated
Title 33. Insurance and Insurance Companies
Chapter 2. Regulation of Insurance Companies
Part 1. Authorization of Insurers
33-2-101. Certificate of authority required
33-2-102. Exceptions to certificate of authority requirement
33-2-103. Admission for investment only
33-2-104. Representing or aiding unauthorized insurer prohibited
33-2-105. Suits by unauthorized insurers prohibited
33-2-106. General eligibility of insurers
33-2-108. Combinations of insuring powers
33-2-109. Capital or surplus funds required
33-2-110. Special surplus required
33-2-112. Management qualifications and affiliations
33-2-113. and 33-2-114 reserved
33-2-115. Application for certificate of authority
33-2-116. Issuance or refusal of certificate of authority -- state ownership of certificate
33-2-117. Renewal, expiration, reinstatement, and amendment of certificate of authority
33-2-118. Mandatory revocation or suspension of certificate of authority
33-2-119. Suspension or revocation for violations and special grounds
33-2-120. Notice of suspension or revocation -- effect upon producer's authority
33-2-121. Duration of suspension -- insurer's obligations -- reinstatement
33-2-122. Rights and duties of foreign insurer
33-2-123. through 33-2-125 reserved
33-2-126. Admission as domestic insurer -- conversion to foreign insurer