(a)A non-U.S. insurer may use this State as a state of entry to transact insurance in the United States through a U.S. branch by:
(1)Qualifying as an insurer licensed to do business in this State; and
(2)Establishing a trust account, pursuant to a trust agreement approved by the Commissioner with a U.S. bank approved by the Commissioner, in an amount at least equal to the minimum capital and surplus or authorized control level risk based capital, whichever is greater, required to be maintained by a domestic insurer licensed to do the same kind or kinds of insurance.
(b)Before authorizing the entry through this State of a U.S. branch of any non-U.S. insurer, the Commissioner shall require the non-U.S. insurer, in addition to any other requirement of the Insurance Law:
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(a) A non-U.S. insurer may use this State as a state of entry to transact insurance in the United States through a U.S. branch by:
(1) Qualifying as an insurer licensed to do business in this State; and
(2) Establishing a trust account, pursuant to a trust agreement approved by the Commissioner with a U.S. bank approved by the Commissioner, in an amount at least equal to the minimum capital and surplus or authorized control level risk based capital, whichever is greater, required to be maintained by a domestic insurer licensed to do the same kind or kinds of insurance.
(b) Before authorizing the entry through this State of a U.S. branch of any non-U.S. insurer, the Commissioner shall require the non-U.S. insurer, in addition to any other requirement of the Insurance Law:
(1) To submit a copy of its charter and by-laws, if any, currently in force, and such other documents necessary to show the kinds of business which it is empowered to do in its domiciliary jurisdiction, attested to as accurate and complete by the insurance supervisory official in its home jurisdiction, and a full statement, subscribed and affirmed as true under the penalties of perjury by 2 officers or equivalent responsible representatives in such manner as the Commissioner shall prescribe, of its financial condition as of the close of its latest fiscal year, showing its assets, liabilities, income, disbursements, business transacted and other facts required to be shown in its annual statement, as reported to the insurance supervisory official in its home jurisdiction; such submission shall include an English language translation, as required by the Commissioner, of each of the documents required herein; and
(2) To submit to an examination of the insurer’s affairs at its or its United States manager’s principal office within the United States. However, the Commissioner may instead accept a report of the insurance supervisory official of the insurer’s home jurisdiction.