Licensing/Registration: Insurer

The Uniform Certificate of Authority Application (UCAA) process is designed to allow insurers to file copies of the same application for admission in numerous states. Each state that accepts the UCAA is designated as a uniform state. While each uniform state still performs its own independent review of each application, the need to file different applications, in different formats, has been eliminated for all states that accept the uniform application.

The UCAA includes three applications. The Primary Application is for use by newly formed companies seeking a Certificate of Authority in their domicile state and by companies wishing to re-domesticate to a uniform state. The Expansion Application is for use by companies in good standing in their state of domicile that wish to expand their business into a uniform state. The Corporate Amendments Application is for use by an existing insurer for requesting amendments to its certificate of authority.

Source: National Association of Insurance Commissioners UCAA Web Page

UCAA Applications

UCAA applications are processed in accordance with Arizona Licensing Time Frames laws and rules:

Primary UCAA Applications (New Insurers or New to Arizona)

Arizona domiciled entities seeking admission to Arizona as an insurer should file a UCAA Primary application. The instructions and forms can be found at http://www.naic.org/industry_ucaa.htm.

Do the following:

  1. Check name availability with Cary Cook, Chief Financial Compliance Officer, at [email protected]
  2. Draft the Articles of Incorporation to comply with A.R.S. §§ 10-202 and 20-705.  If the Articles provide that the capital stock will be non-assessable, the qualifying statement “except as provided by Article 14, Section 11 of the Constitution of the State of Arizona” must be included in the Articles.
  3. Send a draft copy of the Articles to Cary Cook, Chief Financial Compliance Officer, of the DIFI at [email protected] for review.  DIFI will review the domestic insurer draft Articles to confirm compliance with ARS § 20-218 and ARS § 20-705 and provide the domestic insurer with commentary.

  4. File the Arizona Department of Insurance and Financial Institutions approved Articles directly with the Arizona Corporation Commission (ACC).  Go to http://www.azcc.gov for ACC filing information.
  5. Submit the NAIC's UCAA Primary Application.

Expansion UCAA Application (Insurer Seeking Authority to Become Foreign Insurer in Arizona)

Foreign insurers seeking admission to Arizona should file a UCAA Expansion application. The instructions and forms can be found at http://www.naic.org/industry_ucaa.htm.

Redomestication UCAA Applications (Foreign Insurer Redomesticating to Become Arizona Domestic Insurer)

Foreign insurers seeking domestication to Arizona should file a UCAA Primary application. The instructions and forms can be found at http://www.naic.org/industry_ucaa.htm.

Do the following:

  1. Check name availability with Cary Cook, Chief Financial Compliance Officer, at [email protected].
  2. Draft the Articles of Incorporation to comply with A.R.S. §§ 10-202 and 20-705.  If the Articles provide that the capital stock will be non-assessable, the qualifying statement “except as provided by Article 14, Section 11 of the Constitution of the State of Arizona” must be included in the Articles.
  3. Send a draft copy of the Articles to Cary Cook, Chief Financial Compliance Officer, of DIFI at [email protected] for review.  DIFI will review the domestic insurer draft Articles to confirm compliance with ARS § 20-218 and ARS § 20-705 and provide the domestic insurer with commentary.
  4. File the Arizona Department of Insurance and Finacial Institutions approved Articles directly with the Arizona Corporation Commission (ACC).  Go to http://www.azcc.gov for ACC filing information.
  5. Submit the NAIC's UCAA Primary Application

ARS § 41-1030(G) requires most Arizona government agencies to prominently print the provisions of ARS § 41-1030(B), (D), (E) and (F) on all license applications.  The following is the language in ARS § 41-1030(B), (D), (E) and (F):

B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition.

D. This section may be enforced in a private civil action and relief may be awarded against the state.  The court may award reasonable attorney fees, damages and all fees associated with the license application to a party that prevails in an action against the state for a violation of this section.

E. A state employee may not intentionally or knowingly violate this section.  A violation of this section is cause for disciplinary action or dismissal pursuant to the agency’s adopted personnel policy.

F. This section does not abrogate the immunity provided by section 12-820.01 or 12-820.02.

Licensing/Registration: Insurer