§ 26.1-12-08 — License required - Prerequisites to issuance of license

A mutual insurance company organized under this chapter may not issue policies or
transact any insurance business unless it holds a license from the commissioner authorizing the
transaction of insurance business. The license may not be issued unless and until the company
complies with the following conditions:
1. It must hold bona fide applications for insurance upon which it will issue
simultaneously at least twenty policies to at least twenty members for the same kind of
insurance upon not less than two hundred separate risks, each within the maximum
single risk.
2. It must have collected a premium upon each application. All premiums must be held in
cash or in securities in which insurance companies may invest, and in the case of fire
insurance, must be equal to not less than twice the maximum single risk assumed
subject to one fire nor less than ten thousand dollars, and in any other kind of
insurance as listed in section 26.1-12-11, to not less than five times the maximum
single risk assumed nor less than ten thousand dollars.
3. It must maintain a surplus of at least one million dollars. However, for any company
doing business only in this state, if the minimum assets and surplus requirements
required by this subsection are more than the minimum requirements at the time the
company was issued its original certificate of authority to do business, the company
may maintain assets and surplus which satisfy the requirements in effect at that time.
For all other companies, if the minimum assets and surplus requirements required by
this subsection are more than the minimum requirements required at the time the
company was issued its original certificate of authority, the company shall increase its
surplus of assets over all liabilities according to the following schedule:
a. Two hundred fifty thousand dollars by December 31, 1994.
b. Five hundred thousand dollars by December 31, 1995.
c. Seven hundred fifty thousand dollars by December 31, 1996.
d. One million dollars by December 31, 1997.