2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 10 - Miscellaneous Insurer Financial Provisions. › § 58-10-285 - Application; contents; process.

§ 58-10-285. Application; contents; process.
(a) An application shall be designated as either a limited application or a standard application. The filing of a limited application shall not preclude the subsequent filing of an application for approval of an initial sale of stock as provided in G.S. 58-10-315.
(b) The application shall be filed in triplicate with the Commissioner and shall include the following items:
(1) Designation as a limited or standard application.
(2) A plan of reorganization as set forth in G.S. 58-10-290.
(3) A plan to obtain the approval of the policyholders in accordance with this Part and the applicant's articles of incorporation and bylaws.
(4) A copy of the mutual insurance holding company's proposed articles of incorporation and bylaws specifying all membership rights.
(5) The names, addresses, and occupational information of all corporate officers and members of the initial mutual insurance holding company board of directors.
(6) Information sufficient to demonstrate that the financial condition of the applicant will not be diminished upon reorganization.
(7) A copy of the proposed articles of incorporation and bylaws for any insurance company subsidiary or intermediate holding company subsidiary.
(8) A "Form A" filing as described in Chapter 11 of Title 11 of the North Carolina Administrative Code.
(9) A statement that the application is in compliance with all pertinent North Carolina General Statutes and Administrative Rules and that the requirements for a plan of reorganization have been fulfilled.
(10) An index demonstrating wherein the application information supplied in compliance with this subsection is found.
(11) The applicable fee required by subsection (f) of this section.
(12) Any other information requested by the Commissioner at any time during the course of proceedings.
(c) Upon receipt and review by the Commissioner of all information provided pursuant to subsection (b) of this section, the Commissioner may establish a period during which the Department will receive and consider public comments on the proposed reorganization. The Commissioner may inform the public of the limited or standard application in a manner deemed appropriate by the Commissioner and may hold a public hearing concerning the application.
(d) The Commissioner may contract, at the expense of the person filing the application, with any attorneys, actuaries, economists, accountants, consultants, or other professional advisors not otherwise a part of the Commissioner's staff to assist the Commissioner in reviewing the application. These contracts are personal professional service contracts exempt from Articles 3 and 3C of Chapter 143 of the General Statutes.
(e) The expenses of mailing any notices and other materials required by this section shall be borne by the person filing the application.
(f) An applicant filing a limited application under this section shall submit with the application under subsection (b) of this section an application fee of two hundred fifty dollars ($250.00). An applicant filing a standard application under this section shall submit with the application under subsection (b) of this section an application fee of five hundred dollars ($500.00). (2012-161, s. 1.)