reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 3.7. Audit of Pharmacy Benefit Managers Contracted With the State › 27-1-3.7-3. State Employee Health Plan Audit and Medicaid Audit; Request for Proposal; Contract Requirements

Sec. 3. (a) Before September 1, 2023, the attorney general may issue a request for proposal for a state employee health plan audit and a Medicaid audit. The attorney general may evaluate and determine whether to include the following in the request for proposal in the audit of prescription drugs:
(1) Prescription drug cost sharing.
(2) Spread pricing.
(3) Patient steering.
(4) Proper brand and generic definitions.
(5) Effective rate clawbacks.
(6) Medical loss ratio inflation.
(7) Formulary compliance.
(8) Discriminatory pricing.
(9) Specialty drug definition and categorization.
(10) Adherence to contracted pricing terms.
(11) Adherence to plan design, including:
(A) quantity limits; and
(B) prior authorization guidelines.
(12) Under market reimbursements to pharmacies.
(13) Dispensing fees.
(14) Lesser of logic pricing.
(15) Fraud, waste, and abuse.
(16) Rebates.
(17) Compliance with federal law.
(18) Review of practices of any of the following used by the state employee health plan or the Medicaid program:
(A) Managed care organizations.
(B) Pharmacies.
(C) Pharmacy services administrative organizations.
(D) Wholesalers.
(E) Drug manufacturers.
(19) Any other metric determined by the attorney general.
(b) The attorney general may consult with the state personnel department and the office of the secretary of family and social services in:
(1) developing the request for proposal; and
(2) awarding the contract.
(c) If the attorney general decides to issue a request for proposal under this chapter, the attorney general shall develop the request for proposal in a manner that would begin the audit before February 1, 2024.
(d) Any contract between the state personnel department or the office of the secretary of family and social services for the administration of prescription drugs must include a provision to require the person to cooperate with an audit conducted under this chapter and provide the required information to the person awarded the contract for the audit.
As added by P.L.233-2023, SEC.6.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 3.7. Audit of Pharmacy Benefit Managers Contracted With the State › 27-1-3.7-4. Look Back Period

Sec. 4. (a) For an audit conducted under this chapter, the audit look back period must be the previous five (5) state fiscal years.
(b) The:
(1) state personnel department;
(2) office of the secretary of family and social services; and
(3) private agency, business firm, limited liability company, or corporation with which the state personnel department or the office of the secretary has contracted for administrative services;
shall provide the necessary data to the auditor to complete an audit described in this chapter.
As added by P.L.233-2023, SEC.6.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 3.7. Audit of Pharmacy Benefit Managers Contracted With the State › 27-1-3.7-5. Audit Results

Sec. 5. Before September 1, 2024, the attorney general shall provide the results of an audit conducted under this chapter to the interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6.
As added by P.L.233-2023, SEC.6.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 4.1. Corporate Governance Annual Disclosure › 27-1-4.1-1. Application and Scope of Chapter

Sec. 1. (a) This chapter applies beginning January 1, 2016.
(b) This chapter does not do the following:
(1) Impose corporate governance standards or internal procedures that are not otherwise required under IC 27.
(2) Limit the commissioner's authority, or the rights and obligations of third parties, under IC 27-1-3.1.
As added by P.L.146-2015, SEC.19.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 4.1. Corporate Governance Annual Disclosure › 27-1-4.1-2. "Corporate Governance Annual Disclosure"; "Cgad"

Sec. 2. As used in this chapter, "corporate governance annual disclosure" or "CGAD" means a confidential report filed by an insurer or insurance group under this chapter.
As added by P.L.146-2015, SEC.19.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 4.1. Corporate Governance Annual Disclosure › 27-1-4.1-3. "Insurance Group"

Sec. 3. As used in this chapter, "insurance group" means insurers and affiliates of an insurance holding company system (as defined in IC 27-1-23-1).
As added by P.L.146-2015, SEC.19.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 4.1. Corporate Governance Annual Disclosure › 27-1-4.1-4. "Insurer"

Sec. 4. As used in this chapter, "insurer" has the same meaning as set forth in IC 27-1-2-3, except that the term:
(1) refers only to domestic insurers (as defined in IC 27-1-36-8); and
(2) does not include agencies, authorities, or instrumentalities of the United States, possessions and territories of the United States, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state.
As added by P.L.146-2015, SEC.19.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 4.1. Corporate Governance Annual Disclosure › 27-1-4.1-6. Annual Submission of Cgad

Sec. 6. (a) An insurer or insurance group of which the insurer is a member shall, not later than June 1 of each calendar year, submit:
(1) to the commissioner; or
(2) if the insurer is a member of an insurance group, to the lead state commissioner of the insurance group (as determined by the procedures in the Financial Analysis Handbook) according to the law of the lead state;
a CGAD.
(b) An insurer that is a member of an insurance group and not required to submit a CGAD to the commissioner under subsection (a) shall submit a CGAD to the commissioner upon the commissioner's request.
(c) A CGAD submitted under this section must include the signature of the insurer's or insurance group's chief executive officer or corporate secretary attesting that to the best of the chief executive officer's or corporate secretary's knowledge the insurer has:
(1) implemented corporate governance procedures; and
(2) provided a copy of the CGAD to the insurer's board of directors or the appropriate committee of the board of directors.
As added by P.L.146-2015, SEC.19. Amended by P.L.124-2018, SEC.10.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 4.1. Corporate Governance Annual Disclosure › 27-1-4.1-7. Level of Disclosure

Sec. 7. (a) Subject to subsection (b), an insurer or insurance group may complete a CGAD using corporate governance information at the level of disclosure at which the insurer's or insurance group's system of corporate governance is structured, as follows:
(1) The ultimate controlling parent level.
(2) An intermediate holding company level.
(3) The individual legal entity level.
(b) An insurer or insurance group may, but is not required to, choose the level of disclosure at which to complete a CGAD under subsection (a) according to one (1) of the following criteria:
(1) The level at which the insurer's or insurance group's risk tolerance is determined.
(2) The level at which the insurer's or insurance group's earnings, capital, liquidity, operations, and reputation are:
(A) collectively overseen; and
(B) supervised.
(3) The level at which legal liability for failure of general corporate governance would be placed.
(c) If the insurer or insurance group chooses the level of disclosure at which to complete a CGAD under subsection (a) according to a criterion described in subsection (b), the insurer or insurance group shall:
(1) indicate which of the three (3) criteria was used to determine the level of disclosure; and
(2) explain any change in the level of disclosure that is subsequently used.
As added by P.L.146-2015, SEC.19.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 4.1. Corporate Governance Annual Disclosure › 27-1-4.1-8. Cgad Submitted by Insurance Group Member

Sec. 8. If a CGAD is submitted by an insurer as a member of an insurance group, the lead state commissioner of the insurance group (as determined by the procedures in the Financial Analysis Handbook) shall:
(1) review a CGAD submitted under section 6 of this chapter; and
(2) make any requests for additional information.
As added by P.L.146-2015, SEC.19. Amended by P.L.124-2018, SEC.11.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 4.1. Corporate Governance Annual Disclosure › 27-1-4.1-9. Nonduplication of Other Filings

Sec. 9. If an insurer or insurance group:
(1) submits, in other:
(A) documents submitted to the commissioner, including proxy statements filed with registration statements required by IC 27-1-23-3; or
(B) state or federal filings provided to the department;
information that is substantially similar to the information required by this chapter; and
(2) cross references in the CGAD the document or filing that contains the substantially similar information;
the insurer or insurance group is not required to duplicate the information in the CGAD.
As added by P.L.146-2015, SEC.19.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 4.1. Corporate Governance Annual Disclosure › 27-1-4.1-10. Additional Information; Cgad Preparation Requirements

Sec. 10. (a) If a CGAD contains the material information necessary to allow the reviewing commissioner to understand the insurer's or insurance group's corporate governance structure, policies, and procedures, the insurer or insurance group may determine whether to respond to a request from the reviewing commissioner for additional information.
(b) If the reviewing commissioner considers additional information to be material and necessary to provide a clear understanding of an insurer's or insurance group's:
(1) corporate governance structure, policies, and procedures;
(2) reporting or information system; or
(3) controls implementing subdivisions (1) and (2);
the commissioner may request the additional information.
(c) A CGAD must be:
(1) prepared in a manner consistent with the NAIC's Corporate Governance Annual Disclosure Model Regulation; and
(2) made available to the commissioner upon:
(A) examination under IC 27-1-3.1; or
(B) request of the commissioner.
As added by P.L.146-2015, SEC.19.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 4.1. Corporate Governance Annual Disclosure › 27-1-4.1-11. Confidentiality; Privilege; Use of Information; Sharing and Disclosure

Sec. 11. (a) Documents, materials, and other information related to a CGAD, including the CGAD, that are in the possession or control of the department and obtained by, created by, or disclosed to the commissioner or another person under this chapter, are:
(1) considered to be proprietary and contain trade secrets;
(2) confidential and privileged;
(3) not subject to subpoena; and
(4) not subject to discovery or admissible in evidence in a private civil action.
(b) The commissioner may:
(1) use the documents, materials, and other information described in subsection (a) in relation to a regulatory or legal action brought as part of the commissioner's duties; and
(2) otherwise make the documents, materials, and other information public only with the prior written consent of the insurer.
(c) The commissioner, and any other person:
(1) who receives documents, materials, or other information related to a CGAD while acting under the authority of the commissioner; or
(2) with whom the documents, materials, or other information are shared;
under this chapter is not permitted or required to testify in a private civil action concerning any documents, materials, or other information described in subsection (a).
(d) The commissioner may, in the performance of the commissioner's duties, do the following:
(1) Upon request, share all documents, materials, and other information described in subsection (a) with the following if the recipient agrees in writing, and provides written verification that the recipient has the legal authority, to maintain the confidential and privileged status of the documents, materials, and other information:
(A) Other state, federal, and international financial regulatory agencies.
(B) The NAIC.
(C) Members of a supervisory college (as defined in IC 27-1-23-1).
(D) A third party consultant under section 12 of this chapter.
(2) Receive all documents, materials, and other information described in subsection (a) from:
(A) other state, federal, and international financial regulatory agencies;
(B) members of a supervisory college (as defined in IC 27-1-23-1); and
(C) the NAIC;
if the commissioner maintains the confidential or privileged status of the documents, materials, and other information that are received with notice or the understanding that the documents, materials, and other information are confidential or privileged under the laws of the jurisdiction that is the source of the documents, materials, and other information.
(e) The sharing of information by the commissioner under this chapter is not a delegation of regulatory authority. The commissioner is solely responsible for the administration, implementation, and enforcement of this chapter.
(f) Disclosure to or sharing by the commissioner of documents, materials, or other information under this chapter is not a waiver of any applicable privilege or claim of confidentiality in the documents, materials, or other information.
As added by P.L.146-2015, SEC.19.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 4.1. Corporate Governance Annual Disclosure › 27-1-4.1-13. Failure to Timely File; Penalty; Reduction

Sec. 13. (a) An insurer that fails, without just cause (as determined by the commissioner), to timely file a CGAD as required by this chapter shall, after notice and hearing under IC 4-21.5, pay a civil penalty of one hundred dollars ($100) for each day of noncompliance, not to exceed ten thousand dollars ($10,000).
(b) The commissioner may reduce a penalty imposed under subsection (a) if the insurer demonstrates to the commissioner that the imposition of the penalty would constitute a financial hardship to the insurer.
(c) A civil penalty collected under this section shall be deposited in the department of insurance fund established by IC 27-1-3-28.
As added by P.L.146-2015, SEC.19.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 5. Classification of Insurance › 27-1-5-2. Management of Segregated Investment Account

Sec. 2. Notwithstanding any other provisions of this article, any company which has established or establishes on or after March 8, 1935, a segregated investment account of assets as authorized in Class 1(c) of section 1 of this chapter may provide that such segregated investment account of assets shall be managed by a committee, board, or similarly designated body, the members of which need not be otherwise affiliated with such company or its board of directors and the members of which may be elected solely by the owners of the contracts issued and outstanding under such account, and may further provide that each contract owner under such account shall have the right, with respect to the election of members of such committee, board, or body and with respect to other matters pertaining only to such account, to vote a number of votes proportionate to the value of the contract owner's interest in the account in the manner provided by such rules as may be adopted by such committee, board, or body.
Formerly: Acts 1935, c.162, s.59a; Acts 1967, c.127, s.6. As amended by P.L.252-1985, SEC.13.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 5. Classification of Insurance › 27-1-5-3. "Property" and "Property Interests" Defined

Sec. 3. "Property" and "property interests", as used in section 1 of this chapter, shall include real and personal property, chattels real, currency, coin, bank notes, bullion, postage or revenue stamps, express, postal, pension or bank money orders, bonds, debentures, checks, coupons, demand or time drafts, bills of exchange, acceptances, promissory notes, certificates of deposit, certificates of stock, warehouse receipts, bills of lading, and all other choses in action.
Formerly: Acts 1935, c.162, s.60. As amended by P.L.252-1985, SEC.14.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6. Formation of Domestic Companies › 27-1-6-1. Authority to Incorporate; Excluded Kinds of Insurance

Sec. 1. Any number of natural persons, not less than seven (7), all of whom are eighteen (18) years of age or older, at least a majority of whom are residents of the state of Indiana and citizens of the United States, may form a corporation under the provisions of this chapter for the purpose of making any kind or kinds of insurance described in any one class set out in IC 27-1-5-1, other than reciprocal, farm mutual, fraternal, and assessment insurance, by complying with the provisions of this chapter.
Formerly: Acts 1935, c.162, s.61; Acts 1973, P.L.270, SEC.1. As amended by P.L.252-1985, SEC.15.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6. Formation of Domestic Companies › 27-1-6-2. Applicable Rights, Powers, Privileges, Duties, Obligations, and Liabilities

Sec. 2. Any insurance company incorporated as such under this chapter, and its successors shall have the rights and powers, shall be entitled to the privileges, and shall be subject to the duties, obligations, and liabilities as prescribed in this article.
Formerly: Acts 1935, c.162, s.62. As amended by P.L.252-1985, SEC.16.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6. Formation of Domestic Companies › 27-1-6-3. Names; Required and Prohibited Words; Similarity of Names; Change of Name

Sec. 3. The name of any company organized under this article shall contain the word "insurance" and the word "company," "corporation" or "incorporated," or shall end with an abbreviation of one of these words, except that the word "company" or the abbreviation "Co." may be used only if that word or abbreviation is not immediately preceded by the word "and," or any substitute therefor.
No company organized under this article shall:
(a) Use as a part of its corporate name the words "United States," "Federal," "government," "official," or any word that would imply that the company was an administrative agency of the state of Indiana or of the United States, or is subject to supervision of any department other than the department of insurance of the state of Indiana.
(b) Take or assume a corporate name the same as, or confusingly similar to, the name of any other insurance company then existing under the laws of this state or authorized to transact business in this state, unless at the same time (1) such other company shall change its corporate name or withdraw from transacting business in this state, and (2) the written consent of such company, signed and verified under oath by its secretary, shall be filed with the department.
Any company organized under this article may change its corporate name at any time by amending its articles of incorporation in the manner hereinafter provided. The provisions of this section shall not affect the right of any insurance company which is existing under the laws of this state on March 8, 1935, or of any such company which thereafter reorganizes or reincorporates under this article or of any company authorized to transact business in this state on March 8, 1935, to continue the use of its corporate name.
Formerly: Acts 1935, c.162, s.63. As amended by Acts 1977, P.L.281, SEC.3; P.L.1-2009, SEC.145.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6. Formation of Domestic Companies › 27-1-6-4. Articles of Incorporation; Contents

Sec. 4. The incorporators shall execute articles of incorporation, not inconsistent with the provisions of this article, setting forth the following:
(a) The name of the proposed corporation.
(b) The post office address of its principal office.
(c) A precise and accurate statement of the purpose or purposes for which the company is organized, which shall be restricted to the kind or kinds of insurance comprised within one (1) of the classes of insurance specified in IC 27-1-5-1, and that it is organized under this article.
(d) The term for which it is to continue as a corporation, which may be perpetual.
(e) In the case of a stock company, the amount of its capital and the aggregate number of shares which the company shall have authority to issue and the par value thereof.
(f) The amount of paid-in capital with which the company will begin business.
(g) The plan or principle upon which the business is to be transacted.
(h) The name, occupation, and post office address of each of the incorporators.
(i) The names of the first officers and directors, their post office addresses, and their terms of office.
(j) Any other provisions, consistent with the laws of this state, for the regulation of the business and conduct of the affairs of the company and creating, defining, limiting, or regulating the powers of the company, of the directors, or of the shareholders or any class or classes of shareholders.
Formerly: Acts 1935, c.162, s.64. As amended by P.L.252-1985, SEC.17.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6. Formation of Domestic Companies › 27-1-6-5. Publication of Notice of Intention to Organize

Sec. 5. At least ten (10) and not more than twenty (20) days prior to the presentation of the articles of incorporation to the department as provided in section 6 of this chapter, the incorporators shall publish at least once in a newspaper of general circulation, printed and published in the English language, in the county in which the principal office of the proposed company is to be located, and at least once in a newspaper of general circulation, printed and published in the English language, in the city of Indianapolis, Marion County, Indiana, a notice of intention to organize such a corporation, which publication shall contain the following:
(a) The name of the proposed company.
(b) A statement that the proposed company is to be organized under the provisions of this article.
(c) The general character and class or classes of insurance to be transacted by the proposed company.
(d) The time when the articles of incorporation will be presented to the department.
(e) The names, occupations, and addresses of the incorporators.
Formerly: Acts 1935, c.162, s.65. As amended by P.L.252-1985, SEC.18.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6. Formation of Domestic Companies › 27-1-6-6. Articles of Incorporation; Form; Execution

Sec. 6. The form of the articles of incorporation shall be prescribed and furnished by the department. The articles of incorporation shall be:
(1) prepared and signed in triplicate originals by all of the incorporators, or, in the case of a redomestication under IC 27-1-6.5, by the corporate officers if the original incorporators are no longer available;
(2) acknowledged by at least three (3) of the incorporators or corporate officers before a notary public; and
(3) presented in triplicate originals to the department at the office of the department.
Formerly: Acts 1935, c.162, s.66. As amended by P.L.116-1994, SEC.18.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6. Formation of Domestic Companies › 27-1-6-7. Articles of Incorporation; Submission to Department; Proof of Publication

Sec. 7. At the time of presenting the articles of incorporation for approval, the incorporators shall file with the department the proof of publication required by section 5 of this chapter. The department shall determine whether the proof of publication conforms with the provisions of section 5 of this chapter and is hereby authorized to approve or disapprove the same. If the department shall disapprove the proof of publication, it shall endorse its disapproval thereon and return the proof of publication and the articles of incorporation to the incorporators. If the department approves the proof of publication, it shall then consider the articles of incorporation.
Formerly: Acts 1935, c.162, s.67. As amended by P.L.252-1985, SEC.19.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6. Formation of Domestic Companies › 27-1-6-8. Articles of Incorporation; Approval or Disapproval by Department

Sec. 8. The department is hereby authorized, in its discretion, to approve or disapprove the articles of incorporation of the proposed company. If the department shall approve the articles of incorporation of the proposed company, the department shall write or stamp, in an appropriate place on each of said triplicate copies of such articles of incorporation, the:
(1) words "Approved by the department of insurance of the state of Indiana";
(2) date of the approval;
(3) impression of the seal of the department; and
(4) signature of the commissioner.
Formerly: Acts 1935, c.162, s.68. As amended by P.L.146-2015, SEC.20.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6. Formation of Domestic Companies › 27-1-6-9. Articles of Incorporation; Submission to Attorney General

Sec. 9. In the event the department approves the articles of incorporation of the proposed company, it shall then submit the proposed articles of incorporation to the attorney general for the state of Indiana, who shall examine said articles. If the attorney general finds that the articles of incorporation conform to the provisions of this article and are not inconsistent with the constitution of this state, and of the United States, he shall so certify and shall thereupon return the articles of incorporation to the department with his approval endorsed thereon.
Formerly: Acts 1935, c.162, s.69. As amended by P.L.252-1985, SEC.20.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6. Formation of Domestic Companies › 27-1-6-10. Articles of Incorporation; Submission to Secretary of State; Filing

Sec. 10. When the articles of incorporation have been approved by the attorney-general and returned to the department, then the department shall present the same to the secretary of state for the state of Indiana. If the secretary of state finds that the articles of incorporation conform to law, he shall indorse his approval upon each of the triplicate copies of the articles, and when all fees have been paid as required by law, he shall file one (1) copy in his office and return the other two (2) copies to the incorporators or their representatives.
Formerly: Acts 1935, c.162, s.70.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6. Formation of Domestic Companies › 27-1-6-11. Articles of Incorporation; Filing Certified Copy With Department; Surety Bond; Permit for Completion of Organization; Procedure

Sec. 11. (a) When the articles of incorporation are returned to the incorporators or their representatives bearing the endorsement of the approval of the secretary of state, as provided in section 10 of this chapter, the incorporators or their representatives shall obtain a certified copy of the articles of incorporation from the secretary of state and file such certified copy with the department.
(b) The incorporators shall also file with the department a surety bond payable to the state of Indiana in the sum of ten thousand dollars ($10,000), with surety to be approved by the commissioner or collateral in the sum of ten thousand dollars ($10,000), as approved by the commissioner, and conditioned upon the faithful accounting to the department on completion of organization and receipt of its certificate of authority from the department, or to its shareholders, members, applicants for policies and creditors, or the trustee, receiver, or assignee of the proposed company duly appointed in any proceedings in any court of competent jurisdiction in the state in accordance with their respective rights in case the organization of the proposed company should not be completed and a certificate of authority should not be procured from the department.
(c) Whenever the incorporators have filed their certified copy of the articles of incorporation and bond as provided in this section, then the department may issue a permit for completion of organization. The company shall have authority under such permit to solicit subscriptions and payments for capital stock, if a stock company, and applications and advance premiums for insurance, if a mutual company, and to exercise such powers, subject to the limitations in this article prescribed, as may be necessary and proper in completing its organization and qualifying itself for a certificate of authority from the department to make the kind or kinds of insurance proposed in its articles of incorporation, provided that such company shall not issue policies or enter into contracts of insurance until it shall have received the certificate of the department authorizing it so to do.
Formerly: Acts 1935, c.162, s.71. As amended by P.L.252-1985, SEC.21.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6. Formation of Domestic Companies › 27-1-6-12. Commencement of Corporate Existence; Powers

Sec. 12. Upon the issuance of the permit for completion of organization by the department, the corporate existence shall begin, and thereupon such incorporators and their associates shall become a body corporate with power to sue and be sued, contract and be contracted with, adopt a seal, and do such other acts, subject to the provisions and to the restrictions of this article, as shall be needful to accomplish the purpose of completing its organization, provided, that such company shall not issue policies or enter into contracts of insurance until it shall have received the certificate of the department authorizing it so to do.
Formerly: Acts 1935, c.162, s.72. As amended by P.L.252-1985, SEC.22.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6. Formation of Domestic Companies › 27-1-6-13. Requirements for Commencing Business or Incurring Indebtedness; Liability for Violations

Sec. 13. Any company organized under this article shall not transact any business or incur any indebtedness until:
(a) one (1) of the triplicate copies of the articles of incorporation, bearing the approval of the department and the attorney general and the endorsement of the approval of the secretary of state, as provided in section 10 of this chapter has been filed for record with the county recorder of the county in which the principal office is located; and
(b) a certified copy of the permit for completion of organization, issued pursuant to section 11 of this chapter, shall be filed for record with the county recorder of the county in which the principal office is located, which certified copy shall be evidence only that the company has been authorized to proceed in the completion of its organization.
If a company transacts any business or incurs any indebtedness in violation of this section, the officers who participated in the transaction of business or incurring the indebtedness and the directors, except those who dissented from transacting the business or incurring the indebtedness and caused their dissent to be filed at the time in the principal office of the company or who, being absent, filed their dissent upon learning of the action, shall be severally liable for the debts or liabilities of the company so incurred or arising from transacting the business or incurring the indebtedness.
Formerly: Acts 1935, c.162, s.73. As amended by P.L.252-1985, SEC.23; P.L.136-2018, SEC.146.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6. Formation of Domestic Companies › 27-1-6-16. Extension of Charter Powers and Licenses; Limitation of Actions

Sec. 16. (a) The charter powers and licenses of any domestic insurers authorized to market one or more kinds of insurance or reinsurance under Class II or Class III and meeting the requirements set out in section 14 or 15 of this chapter may be broadened and extended hereunder to include the right, power and authority to make any one or more of the kinds of insurance and reinsurance specified in both Class II and Class III of IC 27-1-5-1.
(b) Any domestic company authorized to insure against loss or damage by fire, which has been actively engaged in the fire insurance business continuously for ten (10) years or more, or whose predecessor or predecessors, if any prior to merger or consolidation, shall have been so engaged for such period, may, if it complies with the provisions of this subsection and without complying with the capitalization and surplus requirements of section 14 or section 15 of this chapter, insure against loss or damage to dwellings and appurtenant structures and to the contents thereof and any other personal property of a similar nature of the insured or of the members of his household, resulting from any peril, and may, in connection with making such insurance, also make insurance against the legal liability of the insured or of the members of his household, and for any medical, surgical and hospital expenses of any person other than the insured or such members, arising out of nonbusiness pursuits of the insured or such members or out of the condition of, or acts performed by the insured or such members on such dwellings and appurtenant structures and the real estate on which each is located. Where a company is entitled to make such additional insurance solely by virtue of this subsection, it shall not make such insurance unless it has made reinsurance arrangements satisfactory to the commissioner whereby all of such additional insurance is reinsured with a company which is qualified under IC 27-1 to make reinsurance of such additional kind of insurance. The charter powers and licenses of any domestic insurer meeting the requirements set out in this subsection may be broadened and extended hereunder to include the right, power and authority to make any one or more of the kinds of insurance permitted by this subsection.
(c) No policy issued by a mutual company including a farm mutual insurance company, shall be required to contain a provision limiting the time within which suit against the insurer on such policy must be filed.
Formerly: Acts 1935, c.162, s.75 1/2; Acts 1947, c.50, s.1; Acts 1957, c.265, s.2; Acts 1967, c.233, s.2. As amended by Acts 1977, P.L.282, SEC.3; P.L.129-2003, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6. Formation of Domestic Companies › 27-1-6-17. Examination of Proposed Companies; Revocation and Renewal of Permit and Insurance Producer's Authority

Sec. 17. The commissioner may, personally or through the commissioner's deputies and assistants, examine into the affairs of any such proposed company and inspect its books and papers, and may summon and examine under oath any officer or insurance producer or any person who is or has been connected with such company, and if the commissioner finds the company is violating the law, or if the company shall not be qualified for a certificate of authority within one (1) year from date of its permit, the commissioner may revoke its permit; and if the commissioner finds an insurance producer of such company has violated the law, the commissioner may revoke the insurance producer's authority, and the commissioner may for the insurance producer's violation revoke the company's permit. Any revocation shall be after notice and hearing. The commissioner may renew any company's permit or agent's authority which the commissioner has revoked.
Formerly: Acts 1935, c.162, s.76. As amended by P.L.178-2003, SEC.14.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6. Formation of Domestic Companies › 27-1-6-18. Certificate of Authority; Issuance; Recording

Sec. 18. When the provisions of sections 2 through 17 of this chapter have been complied with, and the department has made an investigation and examination as required in section 17 of this chapter, then the commissioner may issue a certificate of authority under IC 27-1-3-20, which shall license the company to transact only the kind or kinds of insurance specified in its articles of incorporation. The company shall file a certified copy of such certificate of authority for record with the county recorder of the county where the principal office is located, which certified copy shall be evidence only that the company is authorized and licensed to transact the class or classes of insurance set out in the certificate of authority.
Formerly: Acts 1935, c.162, s.77. As amended by Acts 1977, P.L.283, SEC.1; P.L.136-2018, SEC.147.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6. Formation of Domestic Companies › 27-1-6-19. Bylaws; Procedure for Adoption

Sec. 19. (a) If the articles of incorporation provide for the adoption of the bylaws by the shareholders, members, or policyholders, the incorporators or a majority of them after the issuance of the certificate of authority, shall call a meeting of the shareholders, members, or policyholders for the purpose of adopting the bylaws, giving at least ten (10) days' notice by mail to each shareholder, member, or policyholder entitled to vote at the time and place of such meeting, unless the giving of such notice be waived in writing by any or all of such shareholders, members, or policyholders, in which case notice shall be given only to such shareholders, members, or policyholders who have not so waived such notice. Such shareholders, members, or policyholders shall meet at the time and place designated and shall adopt the bylaws. After the adoption of such bylaws, the directors named in the articles of incorporation as the first board of directors shall meet at the call of a majority thereof and shall elect officers and transact such other business as may properly come before such board.
(b) If the articles of incorporation do not provide for the adoption of the bylaws by the shareholders, members, or policyholders, then, after the issuance of the certificate of authority, the directors named in the articles as the first board of directors shall meet at the call of a majority thereof, adopt the bylaws, elect officers, and transact such other business as may properly come before such board.
Formerly: Acts 1935, c.162, s.78. As amended by P.L.252-1985, SEC.24.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6. Formation of Domestic Companies › 27-1-6-21. Company Domiciled in Indiana; Requirements

Sec. 21. (a) A company that is approved by the department after June 30, 2000, to be domiciled in Indiana, must have and maintain in Indiana the following:
(1) A physical presence that provides economic benefit to the state.
(2) Complete records of the company's assets, transactions, and affairs in accordance with methods and systems that are customary or suitable to the kind or kinds of insurance transacted by the company, including all records required under IC 27-1-7-16. Records may be maintained in a form that is physically or electronically available to the department within Indiana.
(b) The commissioner shall determine whether the requirements of subsection (a) are met. In making a determination under subsection (a)(1), the commissioner shall compare and consider the following:
(1) The economic benefit to Indiana and Indiana communities offered by the domestication of the company.
(2) The costs that may be incurred by the state in regulating the company as a domestic company versus a foreign company.
(c) If a domestic company subject to this section fails to comply with the provisions of subsection (a), the commissioner may:
(1) require the company to transfer its domicile under IC 27-1-6.5-2; or
(2) annually impose an additional administrative fee on the company in an amount equal to the difference between the cost of regulating the company as a domestic company and the cost of regulating the company as a foreign company. The fee shall be deposited in the department of insurance fund established by IC 27-1-3-28.
(d) In the case of a company that is part of an insurance holding company system (as defined in IC 27-1-23-1) whose presence provides an economic benefit to the state, the commissioner shall consider the insurance holding company system and any domestic company in the aggregate when making the determination required under subsection (b).
As added by P.L.144-2000, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6.5. Redomestication of Insurers › 27-1-6.5-1. Foreign Insurers; Qualification as Domestic Insurer; Requirements

Sec. 1. (a) Any foreign insurance company which is admitted to transact business in Indiana may, upon complying with the requirements for formation of a domestic company under IC 27-1-6, become a domestic insurer. When those requirements have been met, the commissioner may issue a certificate of authority, under IC 27-1-3-20, to permit the company to transact business in the state as a domestic company.
(b) A company which changes its status from foreign to domestic under subsection (a) has all the rights, titles, and interests in the assets of the original corporation, as well as all of its liabilities and obligations. The company shall be recognized as a company formed under the laws of this state as of the date of its incorporation in its original domiciliary state.
As added by Acts 1980, P.L.170, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6.5. Redomestication of Insurers › 27-1-6.5-2. Domestic Insurers; Transfer of Domicile to Another State; Approval

Sec. 2. Any domestic insurance company may, upon the approval of the commissioner, transfer its domicile from this state to any other state in which it is admitted to transact business. The commissioner shall approve the proposed transfer of domicile, unless he determines that the transfer is contrary to the best interests of the company's policyholders. If the commissioner does not approve the transfer, he shall give the company written notice of the refusal and the reasons for it within thirty (30) days after the date the request for transfer was made. If the request for transfer is granted, and the company is otherwise qualified, it may operate in this state as a foreign insurer without interruption in licensing.
As added by Acts 1980, P.L.170, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6.5. Redomestication of Insurers › 27-1-6.5-3. Foreign Insurers; Change of Domicile to Another Foreign State; Merger or Consolidation Conditions

Sec. 3. Any foreign insurance company admitted to transact business in this state may, upon proper notice to the commissioner, change its domicile by merger, consolidation, or otherwise to another foreign state without interruption of its licensing and without reapplying as a foreign insurer if:
(1) the change in domicile does not result in a reduction in the company's assets or surplus below the requirements for admission as a foreign insurer under IC 27-1-17-5;
(2) there is no substantial change in the lines of insurance to be written by the company; and
(3) the change in domicile has been approved by the supervising regulatory officials of both the former and new state of domicile.
As added by Acts 1980, P.L.170, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6.5. Redomestication of Insurers › 27-1-6.5-4. Transfer of Domicile to Another State; Requisites

Sec. 4. Each insurer admitted to transact business in this state that transfers its domicile to any other state shall notify the commissioner of the proposed transfer and shall file promptly with him any necessary amendments to articles of incorporation, charters, bylaws, and other corporate documents.
As added by Acts 1980, P.L.170, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6.5. Redomestication of Insurers › 27-1-6.5-5. Transfer of Domicile to This or Another State; Effectiveness of Certificate of Authority

Sec. 5. When any insurer admitted to transact business in this state transfers its domicile to this or any other state, its certificate of authority, insurance producers' appointments and licenses, policy forms, rates, authorizations, and other filings and approvals which existed at the time of the transfer, remain in effect after the transfer of domicile occurs.
As added by Acts 1980, P.L.170, SEC.1. Amended by P.L.178-2003, SEC.15.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 6.5. Redomestication of Insurers › 27-1-6.5-6. Regulations

Sec. 6. The commissioner may develop and promulgate regulations, under IC 4-22-2, to carry out the purposes of this chapter.
As added by Acts 1980, P.L.170, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 7. General Corporate Powers and Responsibilities of Insurance Companies › 27-1-7-1. "Corporation" Defined

Sec. 1. The term "corporation", as used in this chapter and IC 27-1-8, means any company organized or reorganized under the provisions of this article and any company organized or reorganized under the provisions of any statute of this state enacted prior to March 8, 1935.
Formerly: Acts 1935, c.162, s.79. As amended by P.L.252-1985, SEC.25.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 7. General Corporate Powers and Responsibilities of Insurance Companies › 27-1-7-3. Principal Office; Change of Location

Sec. 3. Each corporation shall maintain an office or place of business in this state, to be known as the "Principal Office." The post-office address of the principal office shall be stated in the original articles of incorporation at the time of incorporating. Thereafter, the location of the principal office, may be changed at any time or from time to time when authorized by the board of directors by:
(1) filing with the department and secretary of state, on or before the day any change is to take effect, a certificate signed by the president or a vice-president and the secretary or an assistant secretary of the corporation, and verified under oath, stating the change to be made and reciting that such change is made pursuant to authorization by the board of directors; and
(2) notifying each policyholder of the address and telephone number of the new location.
Formerly: Acts 1935, c.162, s.81. As amended by P.L.94-1999, SEC.1.