A risk retention group seeking to be chartered and licensed as an admitted liability insurance company in North Dakota must submit the following information:
- A Uniform Certificate of Authority Application as instructed under the Insurer's Uniform Certificate of Authority Application (UCAA) through the National Association of Insurance Commissioners (NAIC).
- For a risk retention group with more than 25 resident members or insureds and intending to do business only in North Dakota, a plan of operation or a feasibility study as defined under N.D.C.C. § 26.1-46-01.
- A summary statement indicating the name of the risk retention group; the identity of the initial members of the group, the identity of the individuals who organized the group, who will provide administrative services or otherwise influence or control the activities of the group; the amount and nature of initial capitalization; the coverages to be afforded; and the states in which the group intends to operate. The North Dakota Insurance Department will forward this summary statement to the NAIC as required under North Dakota law.
- Upon receiving a Certificate of Authority, the risk retention group chartered in this state is subject to the state's general insurance laws and rules except as provided under N.D.C.C. § 26.1-46.
A risk retention group chartered in another state but seeking to do business in North Dakota as a registered group must submit the following information:
- Application for Registration as a Risk Retention Group (Foreign) (SFN 53915)
- Registration of Appointment of Agent for Service of Process (SFN 53916)
- Copy of group's charter showing that it has been organized primarily for the purpose of assuming and spreading all or any portion of the liability exposure of the group members.
- Copy of the group's certificate of authority or license issued in its state of domicile authorizing it to transact business as an insurance company.
- Copy of the group's most recent annual financial statement which must be certified by an independent public accountant.
- Copy of the group's plan of operation or a feasibility study (as defined under N.D.C.C. § 26.1-46-01) and revisions of such plan or study submitted to its state of domicile. This requirement does not apply with respect to any line or classification of liability insurance which was defined in the Product Liability Risk Retention Act of 1981 before Oct. 27, 1986, and was offered before such date by any risk retention group which had been chartered and operating for not less that three years before such date.
- Filing of Articles of Incorporation (charter): $25
- Filing of Annual Statement: $25
The North Dakota Insurance Department will issue an approval letter after the fee is received. An application may be filed at any time throughout the year. All applications and fees should be directed to the Department.
The registration of every risk retention group must be renewed by March 1 of each year via the Online Renewal System.
A risk retention group that writes contractual liability policies for an automobile dealer or a third-party administrator that issues an automobile warranty contract, automobile mechanical breakdown contract or automobile service contract is subject to the requirements of Bulletin 2005-1. Under the provisions of Bulletin 2005-1, the risk retention group must file a Certification as an Insurer of Automobile Warranty Contracts (SFN 54357).
A copy of any revision to the plan of operation or feasibility study must be submitted to the North Dakota Insurance Department at the same time that any revision is submitted to the state of domicile.
A risk retention group must submit a written notification of any changes in operations which result in the registration or notice then on file containing false, inaccurate or misleading information. The notification to correct such false, inaccurate, or misleading information must be submitted within 30 days of the changes in operations.
Any risk retention group with more than 25 resident members or insureds must also submit the following:
- By March 1 of every year, a copy of the group's financial statement submitted to its state of domicile, which must be certified by an independent public accountant and contain a statement of opinion on loss and loss adjustment expense reserves made by a member of the American academy of actuaries or a qualified loss reserve specialist according to criteria established by the National Association of Insurance Commissioners (NAIC).
- A copy of each examination of the risk retention group as certified by the Commissioner or public official conducting the examination.
- A copy of any audit performed with respect to the risk retention group.