§ 325 — Records of domestic insurers

New York § 325

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 3: Administrative and Procedural Provisions

Text

§ 325. Records of domestic insurers. (a) Every domestic insurer and\nevery licensed United States branch of an alien insurer entered through\nthis state shall, except as hereinafter provided, keep and maintain at\nits principal office in this state its charter and by-laws (in the case\nof a United States branch a copy thereof) and its books of account, and\nif a domestic stock corporation a record containing the names and\naddresses of its shareholders, the number and class of shares held by\neach and the dates when they respectively became the owners of record\nthereof, and if a domestic corporation the minutes of any meetings of\nits shareholders, policyholders, board of directors and committees\nthereof. If any such records are kept in a language other than English,\nthey shall be accompanied by accurate translations thereof. An insurer\nmay satisfy the requirements of this subsection by storing the\naforementioned books and records on servers that are accessible through\nthe internet, on an internal server hosted by the insurer or one of its\naffiliates, or externally with a third-party service provider if they\nare easily accessible from the insurer's principal office in this state\nand the insurer complies with all applicable state and federal laws and\nregulations.\n (b) A domestic insurer and a licensed United States branch of an alien\ninsurer entered through this state may keep and maintain its books of\naccount without this state if, in accordance with a plan adopted by its\nboard of directors and approved by the superintendent, it maintains in\nthis state suitable records in lieu thereof; provided, however, that the\nsuperintendent may after notice and hearing direct such insurer to\nreturn all or any of its books of account to this state if such return\nis reasonably necessary to protect the interests of the people of this\nstate or to permit their inspection in this state by a director, a\nshareholder, or, in the case of a mutual insurer, a policyholder, who\nhas shown to the satisfaction of the superintendent that he has made an\napplication to such insurer for inspection of such books in good faith\nand for a necessary and legitimate purpose, and that such insurer has\neither declined to permit such inspection without this state or to agree\nto pay any additional expenses reasonably to be incurred by the\napplicant or his agent or attorney in connection with the inspection of\nsuch books as a result of their maintenance without this state. If in\nthe judgment of the superintendent delay in the return of any or all\nbooks of account of such insurer may be hazardous, or may cause\nirreparable injury, to the people of this state or to the policyholders\nof such insurer he may direct the return thereof without notice and\nhearing.\n (c) Notwithstanding the provisions of subsections (a) and (b) of this\nsection, any licensed United States branch of an alien insurer entered\nthrough this state which keeps and maintains its books of account\nwithout this state on April first, nineteen hundred eighty-seven may\ncontinue to do so, unless the superintendent determines, after notice\nand hearing, that the return of such books to this state is reasonably\nnecessary to protect the interests of the people of this state.\n