Insurance Company and Fraternal Benefit Society Filings

The Department’s Insurance Company and Fraternal Benefit Society Filings application is available on our secure portal for all submissions made pursuant to Insurance Law Article 15, 16, or 17 or regulations promulgated thereunder. The Insurance Company and Fraternal Benefit Society Filings application is not for use by Agents, Brokers, or Adjusters. It is for use by Insurance Companies and Fraternal Benefit Societies only.

Registration statements and amendments filed pursuant to 11 NYCRR § 80-1.2 (Insurance Regulation 52), enterprise risk reports filed pursuant to 11 NYCRR § 82.2 (Insurance Regulation 203), Agreements, Surplus Notes, Surplus Notes Principal and/or Interest, Managing General Agent statements, Corporate Governance and ORSA summary reports filed pursuant to 11 NYCRR § 82.3 (Insurance Regulation 203) and other Holding Company Transactions must be submitted through the portal. The portal may be used for other submissions required by Insurance Law Articles 15, 16, and 17 or regulations promulgated thereunder.

DFS Portal

To access the DFS Portal, you must have a portal account. visit the Portal to log into, or create, your portal account. (You may need to disable "pop-up" prevention applications).

Once your Portal account has been created, you will receive an email with a temporary password to log in. When you log in, use the Ask for Apps tab to request access to the Insurance Company and Fraternal Benefit Society Filings application, for the company(ies) you will be filing for. When this is approved, you will be able to access Insurance Company and Fraternal Benefit Society Filings application in the My Apps menu.

Additional Requirements and Restrictions

Hard Copies

Certain documents with original signatures must be submitted in hard copy.  After receiving the electronic submission, an examiner will contact the submitting company with a list of documents that must be submitted in hard copy with original signatures.

All executed surplus notes must be submitted to the Department in hard copy with original signatures.

The Department reserves the right to request hard copies of any electronic submissions.

Managed Care Organizations

Managed care organizations that utilize the DFS portal to submit filings to the Department still must make all required filings with the New York State Department of Health.

Determination of Non-Control – Special Commitment

In every instance of "[NAME OF DOMESTIC COMPANY] or [NAME OF HOLDING COMPANY]," the word "or" and all relevant companies' names must be included so that the commitment applies to both the holding company and all domestic insurers that are the subject of the application. Also, some of the provisions of the special commitment may be modified to reflect the particular business activities of individual applicants, but any such modifications first must be reviewed and approved by the bureau that is handling the application and the Department’s Office of General Counsel.

Capital Distribution Requests

Capital distribution requests such as an extraordinary dividend, stock redemption, surplus note, surplus note principal and/or interest repayment, trust fund withdrawal, etc. must include the following information:

  • name of recipient
  • type of capital distribution
  • amount of distribution
  • purpose of distribution
  • proposed date of distribution
  • explanation of the Company’s ability to pay the capital distribution
  • explanation of the impact of the capital distribution on the Company’s financials
  • certified copy of the Board resolution authorizing the capital distribution

Property/Casualty Insurance Company Affiliated Agreements

Affiliated agreements should have a termination date and not be continuous.  Affiliated agreements include, but are not limited to, service agreements, management agreements, and reinsurance agreements.  When reviewing an affiliated agreement and the proposed duration of such agreement, the Department will consider, among other things, the type and materiality of the agreement.