North Dakota Administrative Code

The commissioner may grant an extension of time, not to exceed one year, for completion of the requirements for continuing education. Such requests must be in writing and received by the commissioner thirty days prior to the ending date of the period for which the extension is re…

Repealed effective April 1, 2010.

On or before the last day of the month of the licensee’s birthday following the two-year anniversary of the issuance of a license and every two years thereafter, an individual resident insurance producer must complete continuing education requirements set out in North Dakota Cent…

Continuing education providers are required to report completion of continuing education courses to the commissioner. However, it is the responsibility of the individual resident insurance producer to ensure that the commissioner’s records reflect the completion of the required n…

An insurance producer licensed exclusively for the sale of title insurance, travel or baggage insurance, surety, bail bonds, legal expense insurance, or credit insurance is exempt from continuing education requirements. History: Effective July 1, 2012. General Authority: NDCC 26.…

Repealed effective April 1, 2010.

A nonresident insurance producer who has satisfied the producer's home state's insurance continuing education requirements and is in good standing in the producer's home state shall electronically submit a uniform application for individual producer license renewal or continuatio…

Repealed effective December 1, 2001.

Repealed effective April 1, 2010.

Repealed effective April 1, 2010.

A resident insurance producer whose license is voluntarily canceled or whose license is canceled for failure to complete the biennial continuation, may apply within twelve months of the cancellation date for a license by submitting an application form and license fee. The applica…

This chapter is promulgated pursuant to the authority granted by North Dakota Century Code chapter 26.1-10. History: Effective January 1, 1982. General Authority: NDCC 26.1-10-12 Law Implemented: NDCC 26.1-10

The purpose of this chapter is to set forth rules and procedural requirements which the commissioner deems necessary to carry out the provisions of the North Dakota Insurance Holding Company System Regulatory Act (North Dakota Century Code chapter 26.1-10). The information called…

If any provision of this chapter, or the application of this chapter to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be 1 given effect without the invalid provision or application, and to t…

1. Forms A, B, C, D, E, and F are intended to be guides in the preparation of the statements required by North Dakota Century Code sections 26.1-10-03, 26.1-10-03.1, 26.1-10-04, and 26.1-10-05. They are not intended to be blank forms which are to be filled in. The statements file…

1. Information required by any item of Form A, Form B, Form D, Form E, or Form F may be incorporated by reference in answer or partial answer to any other item. Information contained in any financial statement, annual report, proxy statement, statement filed with a governmental a…

If it is impractical to furnish any required information, document, or report at the time it is required to be filed, there must be filed with the commissioner a separate document: 1. Identifying the information, document, or report in question; 2. Stating why the filing thereof …

In addition to the information expressly required to be included in Form A, Form B, Form C, Form D, Form E, and Form F, the commissioner may request further material information, if any, as may be necessary to make the information contained therein not misleading. The person fili…

Any amendment for Form A, Form B, Form C, and Form D shall include on the top of the cover page the phrase: "Amendment No. (insert number) to" and shall indicate the date of the amendment and not the date of the original filing. History: Effective January 1, 1982; amended effecti…

1. "Executive officer" means chief executive officer, chief operating officer, chief financial officer, treasurer, secretary, controller, and any other individual performing functions corresponding to those performed by the foregoing officers under whatever title. 2. "Ultimate co…

The authority to invest in subsidiaries under subsection 2 of North Dakota Century Code section 26.1-10-02 is in addition to any authority to invest in subsidiaries which may be contained in any other provision of the Insurance Code. History: Effective January 1, 1982; amended ef…

A person required to file a statement pursuant to North Dakota Century Code section 26.1-10-03 shall furnish the required information on Form A, hereby made a part of this chapter. The person shall also furnish the required information on Form E, hereby made a part of this chapte…

The applicant shall promptly advise the commissioner of any changes in the information so furnished on Form A arising subsequent to the date upon which the information was furnished but prior to the commissioner's disposition of the application. History: Effective January 1, 1982…

section 26.1-10-03 insurers. 1. If the person being acquired is deemed to be a "domestic insurer" solely because of the provisions of subdivision d of subsection 1 of North Dakota Century Code section 26.1-10-03, the name of the domestic insurer on the cover page must be indicate…

If a domestic insurer, including any person controlling a domestic insurer, is proposing a merger or acquisition pursuant to subdivision a of subsection 1 of North Dakota Century Code section 26.1-10-03, that person shall file a preacquisition notification Form E, which was devel…

An insurer required to file an annual registration statement pursuant to North Dakota Century Code section 26.1-10-04 shall furnish the required information on Form B, hereby made a part of this chapter. History: Effective January 1, 1982; amended effective January 1, 1992; Febru…

An insurer required to file an annual registration statement pursuant to North Dakota Century Code section 26.1-10-04 is also required to furnish information required on Form C, hereby made a part of this chapter. History: Effective January 1, 1992; amended effective February 28,…

1. An amendment to Form B must be filed within fifteen days after the end of the month in which there is a material change to the information provided in the annual registration statement. 2. Amendments must be filed in the Form B format with only those items which are being amen…

1. Any authorized insurer may file a registration statement on behalf of any affiliated insurer or insurers which are required to register under North Dakota Century Code section 26.1-10-04. A registration statement may include information not required by North Dakota Century Cod…

Repealed effective January 1, 1992.

1. A disclaimer of affiliation or a request for termination of registration claiming that a person does not, or will not upon the taking of some proposed action, control another person (hereinafter referred to as the subject) shall contain the following information: a. The number…

1. An insurer required to give notice of a proposed transaction pursuant to North Dakota Century Code section 26.1-10-05 shall furnish the required information on Form D, hereby made a part of these rules. 2. Agreements for cost-sharing services and management services must at a …

The ultimate controlling person of an insurer required to file an enterprise risk report pursuant to subsection 12 of North Dakota Century Code section 26.1-10-04 shall furnish the required information on Form F, hereby made a part of this chapter. History: Effective January 1, 2…

1. Requests for approval of extraordinary dividends or any other extraordinary distribution to shareholders shall include the following: a. The amount of the proposed dividend; b. The date established for payment of the dividend; c. A statement as to whether the dividend is to be…

The factors set forth in subsection 6 of North Dakota Century Code section 26.1-10-05 are not intended to be an exhaustive list. In determining the adequacy and reasonableness of an insurer's surplus, no single factor is controlling. The commissioner, instead, will consider the n…

This chapter applies to all companies doing business in the state as described in North Dakota Century Code section 26.1-03-17 and applies to all business conducted in this state, except business specifically exempted by statute, i.e., annuities (North Dakota Century Code section…

Unless otherwise defined or made inappropriate by context, all words used in this chapter have meanings as given them under North Dakota Century Code chapter 26.1-03. History: Effective September 1, 1983. General Authority: NDCC 26.1-01-08 Law Implemented: NDCC 26.1-03-17

1. Every company required to pay premium taxes in this state shall make and file a statement of estimated premium taxes for the period covered by the quarterly installment tax payment. The statement shall be on forms prescribed by the commissioner. The payments shall be made on a…

1. The principal office ad valorem tax credit shall be used as a credit against the premium tax liability for the calendar year in which the ad valorem tax was paid. Any unused credit may be carried over as a credit against the premium tax liability for the following calendar yea…

All fees will be paid annually, on or before March first of each calendar year. History: Effective September 1, 1983. General Authority: NDCC 26.1-01-08 Law Implemented: NDCC 26.1-03-17

1. Penalties and interest shall be assessed in accordance with the provisions of North Dakota Century Code section 26.1-03-17 for a failure to file the quarterly estimated tax statement or the reconciled tax statement or both, or pay the estimated or reconciled tax. 2. If an insu…

As used in this chapter: 1. "Domestic insurer" is an insurer licensed in this state and incorporated in this state. 2. "Foreign insurer" is an insurer licensed in this state but incorporated in a jurisdiction other than this state. History: Effective January 1, 1984. General Auth…

A foreign insurer may cede reinsurance to a reinsurer to which the foreign insurer is permitted to cede reinsurance under the law, regulations, or rules of the jurisdiction of that insurer's domicile. History: Effective January 1, 1984. General Authority: NDCC 26.1-01-08 Law Impl…

A domestic insurer may cede reinsurance to: 1. A reinsurer licensed in any other state or the District of Columbia if that reinsurer conforms to the same standard of solvency which would be required if, at the time the reinsurance is effected, the reinsurer was licensed in this s…

The reinsurer requested to obtain the approval of the commissioner pursuant to subsection 3 of section 45-03-07-03 and North Dakota Century Code section 26.1-02-20 shall not accept reinsurance unless at the time of cession such reinsurer has been approved by the commissioner. The…

A reinsurer shall also provide to the commissioner annually proof of continued compliance with subsection 1 of section 45-03-07-04, along with an annual statement complying with subsection 2 of section 45-03-07-04 following the first year the application is approved by the commis…

The commissioner may withdraw approval if at any time the commissioner has reason to believe that any reinsurer: 1. Is in unsound financial condition; 2. Is no longer eligible under North Dakota Century Code section 26.1-02-20 or this chapter; or 3. Has willfully violated the law…