3 Colo. Code Regs. § 702-1-1-10-4

Current through Register Vol. 47, No. 20, October 25, 2024

Section 3 CCR 702-1-1-10-4 - Rules

A. All insurance companies holding a Certificate of Authority in this state must file with the Commissioner a fully executed Uniform Consent to Service of Process form (Form 12), available on NAIC's Uniform Certificate of Authority Application website, to name a registered agent in this state to receive service of process.

1. Domestic insurance companies should file a Form 12 - Uniform Consent to Service with the Division. Foreign companies must submit a Form 12 through the National Association of Insurance Commissioners' Uniform Certificate of Authority Application (UCAA) through the Corporate Amendment App.

2. It is the intent of the Division that the Division will not serve as the registered agent in this state for a company holding a Certificate of Authority.

3. Insurance companies should also file with the Colorado Secretary of State to conform the registered agent between the corporate (Secretary of State) filing and the Uniform Consent to Service of Process (Division of Insurance).

4. Note: Filing the Form 12 with the Division of Insurance WILL NOT change the registered agent with the Colorado Secretary of State. Each company is responsible for recording the change of registered agent for corporate purposes with the Secretary of State.

B. Complete Form 12

1. A fully and properly completed Form 12 must include the following to designate a registered agent in Colorado:

a. Applicant Company Officers' Certification and Attestation;

b. Name of the registered agent (entity);

c. Phone number of the registered agent;

d. Email address of the registered agent;

e. Colorado mailing address of the registered agent;

f. Colorado street address of registered agent and

g. Resolution authorizing Appointment of Attorney.

2. An acknowledgement that the registered agent information has been received and recorded in the Division's records will be sent to the company.

3. Failure to file a correct and complete Form 12 will subject a company to the penalties established under § 10-3-109(3), C.R.S. Penalties for failing to file a correct and complete Form 12 will be assessed starting January 1, 2023.

D. On the first business day of every month, the Division will post the revised list of registered agents on the Division's website.

3 CCR 702-1-1-10-4

37 CR 11, June 10, 2014, effective 6/30/2014

37 CR 11, June 10, 2014, effective 7/1/2014

38 CR 09, May 10, 2015, effective 6/1/2015

38 CR 20, October 25, 2015, effective 11/15/2015

40 CR 19, October 10, 2017, effective 11/1/2017

40 CR 21, November 10, 2017, effective 12/1/2017

40 CR 21, November 10, 2017, effective 1/1/2018

41 CR 21, November 10, 2018, effective 12/1/2018

43 CR 21, November 10, 2020, effective 12/1/2020

45 CR 21, November 10, 2022, effective 11/30/2022