11 CRR-NY 80-1.4NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 11. INSURANCE
CHAPTER IV. FINANCIAL CONDITION OF INSURER AND REPORTS TO SUPERINTENDENT
SUBCHAPTER A. RULES OF GENERAL APPLICATION
PART 80. CONTROLLED INSURERS
SUBPART 80-1. HOLDING COMPANIES
11 CRR-NY 80-1.4
11 CRR-NY 80-1.4
80-1.4 Reporting.
Every controlled insurer registered or required to register pursuant to Insurance Law section 1503 shall, within 120 days following the end of its ultimate holding company's fiscal year, and within 120 days following the end of each succeeding fiscal year, furnish to the superintendent a report containing the following:
(a) A brief description of all transactions during the preceding fiscal year with persons within its holding company system to which it was a party (other than any transactions otherwise reported to or approved by the superintendent under any provision of the Insurance Law), inclusive of arrangements for common management or cooperative or joint use of personnel, property or services. (Transactions not deemed material, transactions in series or numerous similar transactions may be reported in the aggregate, provided that they are reasonably described.) The issuance of contracts of insurance issued in the normal course of business, other than contracts of reinsurance, shall not be deemed transactions hereunder.
(b) Copies of the latest annual reports to shareholders of the ultimate corporate holding company and of all significant persons within the holding company system that issued such reports.
(c) A consolidated balance sheet of the ultimate holding company and each significant person within the holding company system, as of the end of the holding company's fiscal year, and related consolidated statements of income and surplus for the year then ended. Such financial statements shall be accompanied by an opinion of an independent certified public accountant to the effect that such financials present fairly the consolidated financial position of the ultimate holding company and such persons, and the results of their operations for the year then ended, in conformity with generally accepted accounting principles or with requirements of insurance or other accounting principles prescribed or permitted under law. In lieu of fully consolidated statements, registrant may furnish separate certified financial statements with respect to any person or persons, and certified consolidated or combined statements with respect to any group of persons, within the holding company system. Upon written application of a significant person who is an individual, the superintendent may permit the significant person to submit a certified public accountant compilation rather than an opinion of an independent certified public accountant, if the superintendent finds, upon review of the application, that submitting an opinion of an independent certified public accountant would constitute a hardship upon the significant person. The written application shall explain how submitting an opinion of an independent certified public accountant would constitute a hardship upon the significant person.
(d) A list that identifies each insurer in the holding company system that is not an authorized insurer in this State (“unauthorized insurer”) and that electronically filed its most recent annual statement with the national association of insurance commissioners, and for an unauthorized insurer that has not electronically filed its most recent annual statement with the national association of insurance commissioners, a copy of the most recent annual statement filed with the unauthorized insurer’s state of domicile.
(e) A copy of any proxy material used by the ultimate holding company during the preceding year.
(f) A brief description of any litigation or administrative proceedings of the following types, either then pending or concluded within the preceding fiscal year, to which the ultimate holding company, any significant person within the holding company system or any director or executive officer of either of the foregoing is or was a party, or of which the property of any such person is or was the subject; give the names of the parties and the court or agency in which such litigation or proceeding is or was pending:
(1) criminal prosecutions or administrative proceedings by any government agency or authority that may be relevant to the trustworthiness of any party thereto; and
(2) proceedings that may have a material effect upon the solvency or capital structure of the ultimate holding company or significant person including, but not necessarily limited to, bankruptcy, receivership or other corporate reorganizations.
11 CRR-NY 80-1.4
Current through June 30, 2021
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.