(a) All costs and expenses incurred by the Department in connection with the review of an application, request or filing made under this article by or on behalf of an insurer or reinsurance intermediary in excess of any deposit paid shall be billed to the insurer or reinsurance intermediary making the application, request or filing. The Commissioner shall maintain a schedule of the deposits required under this article on the Department's website and, after 90 days' notice provided on the website schedule, may revise the deposit amounts as necessary to substantially cover the expected costs of review.(b) As used in Code Section 924, which assesses late fees for the failure to make timely filings, the term "statements or stipulations" shall include all filings required by this article and the filings made pursuant to Code Section 1011.5.(c) The initial application and annual filings required by Section 2303.4 of this article for accredited reinsurers shall be submitted in duplicate, except that only one copy of the items listed in Section 2303.4(b)(5)(D) of this article is required, accompanied by a deposit of $1,500.00. The application shall consist of a cover letter transmitting the items specified in Section 2303.4(d) The initial application and annual filings required by Section 2303.5 of this article for an approved U.S. trust, and the application for approval of trust amendments, shall be submitted in duplicate, except that with respect to financial documents provided to the Oversight State, duplicate copies are required only of the audit report, actuarial opinion and CPA report. The requesting reinsurer or group of affiliated insurers shall provide the Department with a $3,000 deposit in conjunction with the initial application for approval of a U.S. trust, a $500 deposit for review of an amendment to the form of an approved U.S. trust, and a $1,500 deposit with the annual filing. The application shall consist of a cover letter transmitting the items specified in Section 2303.5.(e) A deposit of $500 shall accompany examination requests made pursuant to Section 2303.8(d) of this article for a determination that a letter of credit form meets the requirements of Section 2303.8(c). The application shall consist of a cover letter and a copy of the proposed letter of credit.(f) An application for the consent required by Section 2303.15(b) of this article to retain less than 10% of direct premium written per line of business shall be submitted for examination in duplicate, accompanied by a deposit of $1,500. The application shall include a cover letter explaining the proposed reinsurance arrangements, including the business necessity for the exception.(g) An application submitted pursuant to Section 2303.15(e) of this article concerning a reinsurance agreement, or a sale and purchase transaction as defined in Section 2303.15(c)3., subject to Code Section 1011(c) shall be submitted in duplicate, accompanied by the fee required for an application made under Code Section 1011.5. The form and instructions for applications not in the form of the notice permitted by Section 2303.15(e) may be obtained from the Corporate Affairs Bureau at the address provided in subdivision (k) of this section or from the Department's public website at www.insurance.ca.gov.(h) The initial application or passport application, and annual filings required by Code Section 922.41 for certified reinsurers shall be submitted in duplicate, accompanied by a deposit of $1,500. The application shall consist of a cover letter transmitting the items specified in Code Section 922.41 or the NAIC Uniform Application Checklist for Certified Reinsurers.(i) A filing for the examination required by Section 2303.15(q) of this article for a determination of compliance with Code Section 700(c) shall include all supporting documents required for an initial application for a Certificate of Authority, shall be made in duplicate, and shall be accompanied by a deposit of $1,500. The application forms and instructions may be obtained from the Corporate Affairs Bureau at the address provided in subdivision (k) of this section or from the Department's public website at www.insurance.ca.gov.(j) Applications made pursuant to Section 2303.16 of this article for the examination of a reinsurance intermediary shall be submitted in duplicate, accompanied by a deposit of $1,000.(k) The applications, annual filings and requests made pursuant to subdivisions (c) through (j) of this section shall be submitted to: CALIFORNIA DEPARTMENT OF INSURANCE
CORPORATE AFFAIRS BUREAU
1901 HARRISON STREET, 3RD FLOOR MAILROOM
OAKLAND, CA 94612
All other filings or notices required or permitted by this article shall be accompanied by an explanation of the reason for the filing or notice and shall be submitted to:
CALIFORNIA DEPARTMENT OF INSURANCE
FINANCIAL ANALYSIS DIVISION
300 SOUTH SPRING STREET, SOUTH TOWER
LOS ANGELES, CA 90013
(l) The notification required by Code Section 922.31 related to reinsurance recoverables and reinsurance program diversification, including supporting documentation demonstrating that the exposure is safely managed by the domestic ceding insurer, shall be submitted using the Department's Online Assistance System for Insurer Submittals (OASIS) in the format published on the Department's public website at www.insurance.ca.gov.Cal. Code Regs. Tit. 10, § 2303.21
1. New section filed 10-24-2006; operative 11-23-2006 (Register 2006, No. 43).
2. Change without regulatory effect renumbering former section 2303.21 to section 2303.20 and renumbering former section 2303.22 to new section 2303.21, including amendment of subsection (k) and NOTE, filed 3-25-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 13).
3. Amendment section and NOTE filed 11-27-2017; operative 1-1-2018 (Register 2017, No. 48).
4. Change without regulatory effect amending subsection (k) filed 8-27-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 35). Note: Authority cited: Sections 720, 730, 736, 922.31, 922.43, 922.8, 922.85, 924, 1011.5, 1215.9, 1781.12 and 12921, Insurance Code; CalFarm Insurance Company v. Deukmejian, 48 Cal. 3d 805 (1989); and 20th Century Insurance Company v. Garamendi, 8 Cal. 4th 216 (1994). Reference: Sections 700, 717, 717.5, 730, 733, 736, 922.31, 922.4, 922.41, 922.43, 922.5, 923, 924, 1011.5, 1215.5(b)(3) and 1781.10, Insurance Code.
1. New section filed 10-24-2006; operative 11-23-2006 (Register 2006, No. 43).
2. Change without regulatory effect renumbering former section 2303.21 to section 2303.20 and renumbering former section 2303.22 to new section 2303.21, including amendment of subsection (k) and Note, filed 3-25-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 13).
3. Amendment section and Note filed 11-27-2017; operative 1/1/2018 (Register 2017, No. 48).
4. Change without regulatory effect amending subsection (k) filed 8-27-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 35).