Insurance Company and Fraternal Benefit Society Filings
The Department’s Insurance Company and Fraternal Benefit Society Filings application is available on the DFS 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), Surplus Notes, Managing General Agent statements, Corporate Governance and ORSA summary reports filed pursuant to 11 NYCRR § 82.3 (Insurance Regulation 203) and other specific types of Holding Company Transactions must be submitted through the DFS Portal.
DFS Portal
To access the DFS Portal, you must have a Portal account. visit the DFS Portal to log into, or create an account.
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.
DFS Connect
The following filings must now be submitted through DFS Connect and cannot be submitted through the Insurance Company and Fraternal Benefit Society Filings Application on the DFS Portal.
Only the filings listed directly below can be submitted through DFS Connect. All other filings should continue to be submitted in the usual manner. If the company uses the DFS Portal to submit other filings, the company should continue to submit those filings through the DFS Portal.
The following Insurance-related filings are now available in DFS Connect:
- Acquisition of Control of a New York Domestic Insurer
- Disclaimer of Control of a New York Domestic Insurer
- Capital Distribution Requests - Extraordinary Dividend/Surplus Note Principal and/or Interest Payment/Trust Fund Withdrawal
- Enterprise Risk Management Report
- Holding Company Management Services Agreement and Reinsurance Agreement
- Special Risk/Free Trade Zone Initial/Renewal License Application
- Special Risk/Free Trade Zone Schedule C-1
To submit only these filing types, visit DFS Connect and enter your Portal credentials:
Have Questions or Need Help?
Once a filing is closed, you cannot contact DFS on chatter regarding that specific filing. If you want to contact an analyst regarding a closed filing, email the analyst directly.
If you are still having trouble, contact DFS at one of the following email addresses:
- Property: [email protected]
- Life: Jim[email protected]
- Health: [email protected]
Additional Requirements and Restrictions
Browsers and Blockers
- Use a supported browser including the latest version, plus one previous version, of Firefox, Chrome and Safari.
- You may need to Disable “pop-up blocker” settings in your browser before using DFS Connect.
- Scheduled maintenance may make an application unavailable between 7:30 and 7:45 a.m.
- Portal apps may not be compatible with certain smart phones, tablets, and other mobile devices.
Hard Copies
All executed surplus notes must be submitted to the Department in hard copy with original signatures. Certain other documents with original signatures must be submitted in hard copy. The Department reserves the right to request hard copies of any online submissions.
After receiving an online submission, an examiner will contact the submitting company with a list of documents that must be submitted in hard copy with original signatures.
The Department reserves the right to request hard copies of any online submissions.
Managed Care Organizations
Managed care organizations that use the DFS portal to submit filings to DFS must still make all required filings with the New York State Department of Health.
Determination of Non-Control – Special Commitment
- Special Commitment Letter Template (MS Word)
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
In considering distribution requests for insurance companies, the Department will consider the adequacy of the company’s capital relative to the Department’s assessment of the company’s ultimate liabilities. An assessment of capital adequacy will include factors specific to the company in question, including the company’s risk-based capital ratio and various financial ratios. These financial ratios include, but are not limited to, ratios relating to liquidity, profitability, leverage, and reserve adequacy.
Property/Casualty 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.