Section 21.27.640. Third-party administrator qualifications.

   (a) The director may not issue or renew a registration except in compliance with this chapter and may not issue a registration to a person, or to be exercised by a person, found by the director to be untrustworthy, incompetent, financially irresponsible, or who has not established to the satisfaction of the director that the person is qualified under this chapter.
   (b) To qualify for issuance or renewal of a registration, an applicant or registrant shall comply with this title, regulations adopted under AS 21.06.090, and
        (1) be a trustworthy person;
        (2) have active working experience in administrative functions that, in the director's opinion, exhibits the ability to competently perform the administrative functions of a third-party administrator;
        (3) not have committed an act that is a cause for denial, nonrenewal, suspension, or revocation of a registration or license in this state or another jurisdiction;
        (4) maintain a lawfully established place of business as described in AS 21.27.330 in this state, unless licensed as a nonresident under AS 21.27.270;
        (5) disclose to the director all owners, officers, directors, or partners, if any;
        (6) designate a compliance officer for the firm;
        (7) provide in or with its application
             (A) all basic organizational documents of the third-party administrator, including articles of incorporation, articles of association, partnership agreement, trade name certificate, trust agreement, shareholder agreement, and other applicable documents and all endorsements to the required documents;
             (B) the bylaws, rules, regulations, or similar documents regulating the internal affairs of the administrator;
             (C) the names, mailing addresses, physical addresses, official positions, and professional qualifications of persons who are responsible for the conduct of affairs of the third-party administrator, including the members of the board of directors, board of trustees, executive committee, or other governing board or committee; the principal officers in the case of a corporation, or the partners or members in the case of a partnership, limited liability company, limited liability partnership, or association; shareholders holding directly or indirectly 10 percent or more of the voting securities of the third-party administrator; and any other person who exercises control or influence over the affairs of the third-party administrator;
             (D) certified financial statements for the preceding two years, or for each year and partial year that the applicant has been in business if less than two years, prepared by an independent certified public accountant establishing that the applicant is solvent, that the applicant's system of accounting, internal control, and procedure is operating effectively to provide reasonable assurance that money is promptly accounted for and paid to the person entitled to the money, and any other information that the director may require to review the current financial condition of the applicant; and
             (E) a statement describing the business plan, including information on staffing levels and activities proposed in this state and in other jurisdictions and providing details establishing the third-party administrator's capability for providing a sufficient number of experienced and qualified personnel in the areas of claims handling, underwriting, and record keeping;
        (8) provide to the director documents necessary to verify the statements contained in or in connection with the application; and
        (9) notify the director, in writing, not later than 30 days after
             (A) a change in compliance officer, residence, place of business, mailing address, or phone number;
             (B) the final disposition of an administrative action taken against the registrant by a governmental agency of another state, by a governmental agency of another jurisdiction, or by a financial industry regulatory authority sanction or arbitration proceeding; in addition, a registrant shall submit to the director documents relating to the final disposition on, including the final order and other relevant legal documents in, the action; or
             (C) a conviction of a misdemeanor or felony of the third-party administrator, its officers, directors, partners, owners, or employees.
   (c) The director may require that a third-party administrator maintain
        (1) a bond as described in AS 21.27.190 in an amount acceptable to the director and conditioned in that the third-party administrator will conduct business as required by this title; and
        (2) an errors and omissions insurance policy acceptable to the director.
   (d) If the director finds that the applicant or registrant is qualified and that application, registration, or renewal fees have been paid, the director may issue or renew the registration.

Notes

Recent Bills that will modify this

HB 372 OMNIBUS INSURANCE

History

(Sec. 94 ch 67 SLA 1992; am Sec. 26 ch 81 SLA 1997; am Sec. 53 ch 81 SLA 2001; am Sec. 23 ch 41 SLA 2016)