NDAC 45-03-23-03
Deposit with affiliates - Requirements
Cite as N.D. Admin. Code ยง 45-03-23-03
1.
Nothing prevents an insurance company from depositing securities with another insurance
company with which the depositing insurance company is affiliated, provided that the
securities are deposited pursuant to a written agreement authorized by the board of directors
of the depositing insurance company or an authorized committee of the board and that the
receiving insurance company is organized under the laws of one of the states of the United
States or of the District of Columbia. If the respective states of domicile of the depositing and
receiving insurance companies are not the same, the depositing insurance company shall
have given notice of such deposit to the insurance commissioner in the state of its domicile
and the commissioner shall not have objected to it within thirty days of the receipt of the
notice.
2.
The terms of the agreement must comply with the following:
a.
The insurance company receiving the deposit shall maintain records adequate to identify
and verify the securities belonging to the depositing insurance company.
b.
The receiving insurance company shall allow representatives of any appropriate
regulatory body to examine records relating to securities held subject to the agreement.
c.
The depositing insurance company may authorize the receiving insurance company:
(1)
To hold the securities of the depositing insurance company in bulk, in certificates
issued in the name of the receiving insurance company or its nominee, and to
commingle them with securities owned by other affiliates of the receiving insurance
company; and
(2)
To provide for such securities to be held by a custodian, including the custodian of
securities of the receiving insurance company or in a clearing corporation.