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Arkansas
Insurance Code

TITLE 23 -- PUBLIC UTILITIES AND REGULATED INDUSTRIES ... Subtitle 3. Insurance ... Chapter 63 -- INSURANCE COMPANIES GENERALLY ... Subchapter 2. Authority to Do Business

23-63-206

Trust deposit requirements

Former Citations66-2209

New AmendmentsI - ACT 506 SB 369

(a) All insurers authorized to transact insurance in this state shall make and maintain a deposit of securities as follows:

(1)(A)(i) All insurers authorized to transact only life or accident and health insurance, or both, shall deposit through the Insurance Commissioner and subject to the conditions specified in s 23-63-909 securities eligible for deposit under s 23-63-903 and having at all times a market value of not less than one hundred thousand dollars ($100,000), conditioned for the payment of policyholders and creditors of the insurer in this state and the prompt payment of all claims arising and accruing to any person in this state.

(ii)(a) On and after January 1, 2002, the provisions of subdivision (a)(1)(A)(i) of this section shall apply only to domestic insurers licensed or hereafter licensed.

(b) Foreign and alien insurers licensed or hereafter licensed shall be exempt upon filing evidence with the commissioner of a satisfactory deposit for continued licensure in the state of domicile, Canada, Mexico, or a port-of-entry state.

(B) On and after January 1, 2002, licensed foreign and alien insurers may apply for release of an Arkansas deposit upon filing of evidence of a satisfactory deposit in the state or country of domicile;

(2)(A)(i) Insurers applying for an original certificate of authority in Arkansas for kinds of insurance other than life, accident and health, surety, or any combination thereof, and insurers holding a valid certificate of authority who thereafter apply to transact any other or additional kinds of insurance excluding life, accident and health, surety, or any combination thereof, shall deposit, through the commissioner and subject to the conditions specified in s 23-63-909, securities eligible for deposit under s 23-63-903 and having at all times a market value of not less than one hundred thousand dollars ($100,000), conditioned for the payment of policyholders and creditors of the insurer in this state and the prompt payment of all claims arising and accruing to any person in this state.

(ii)(a) On and after January 1, 2002, the provisions of subdivision (a)(2)(A)(i) of this section shall apply only to domestic insurers licensed or hereafter licensed.

(b) Foreign and alien insurers licensed or hereafter licensed shall be exempt upon filing evidence with the commissioner of a satisfactory deposit for continued licensure in the state of domicile, Canada, Mexico, or a port-of-entry state.

(B) On and after January 1, 2002, licensed foreign and alien insurers may apply for release of an Arkansas deposit upon filing of evidence of a satisfactory deposit in the state or country of domicile;

(3)(A) An insurer authorized to transact solely surety insurance in this state shall deposit through the commissioner and subject to the conditions provided in s 23-63-909 securities eligible for deposit under s 23-63-903 and having at all times a market value of not less than one hundred thousand dollars ($100,000), conditioned for the payment of policyholders and creditors of the insurer in this state and prompt payment of policyholders and creditors of the insurer in this state and prompt payment of all claims arising and accruing to any obligee in this state.

(B) All insurers authorized to transact the lines or classes of insurance under subdivision (a)(2) of this section or any combination thereof may also be authorized to transact surety insurance by depositing in accordance with this subsection additional securities with a market value of fifty thousand dollars ($50,000).

(C) Any authorized surety insurer also licensed as a professional bail bond company shall make and maintain an additional deposit, as required in s 17-19-101 et seq., applicable to bail bond transactions.

(D)(i)(a) On and after January 1, 2002, the provisions of this subdivision (a)(3) shall apply only to domestic insurers licensed or hereafter licensed.

(b) Foreign and alien insurers licensed or hereafter licensed shall be exempt upon filing evidence with the commissioner of a satisfactory deposit for continued licensure in the state of domicile, Canada, Mexico, or a port-of-entry state.

(ii) On and after January 1, 2002, licensed foreign and alien insurers may apply for release of an Arkansas deposit upon filing of evidence of a satisfactory deposit in the state or country of domicile.

(b) All deposits made through the commissioner and held in this state shall be subject to the applicable provisions of ss 23-63-901 et seq., which refer to the administration of deposits.

(c)(1) The application of a foreign or alien insurer to obtain a release of deposited assets under this section shall demonstrate by special filing the adequacy and sufficiency of the deposit in the state of domicile, Canada, Mexico, or port-of-entry state for continued Arkansas licensure.

(2) Applicants shall:

(A)(i) Agree to maintain deposits at all times adequate to cover Arkansas deposit obligations.

(ii) The deposits shall be certificate of authority lines of insurance in this state as reflected on the uniform certificate of authority application; and

(B) File with the commissioner an updated certificate of deposit issued by the insurance regulator in the state of domicile, Canada, Mexico, or port-of-entry state.

HistoryActs 1959, No. 148, s 51; 1963, No. 153, s 1; 1983, No. 522, s 1; A.S.A. 1947, s 66-2209; Acts 1987, No. 456, s 5; 1987, No. 561, ss 1, 2; 1989, No. 417, s 7; 1989, No. 444, ss 21, 22; 1989, No. 772, s 24; 1999, No. 645, s 1; 2001, No. 1604, s 19; 2005, No. 506 (SB 369), s 16, eff. 3-2-2005.



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