Organization & Licensing
Barger & Wolen LLP's regulatory attorneys are actively involved in structuring, documenting and obtaining required regulatory approvals in connection with all major forms of business transactions involving participants in the insurance industry.
Our attorneys have substantial experience in advising clients on all matters involving the organization and licensing of insurance companies, captive insurers, reinsurers and insurance producers. We regularly represent clients before the California Department of Insurance, and insurance regulators in other jurisdictions, in connection with the licensing of foreign insurers and insurance producers, including surplus lines compliance matters.
Areas of Expertise
- Advice concerning and negotiation and preparation of all organizational documents, including corporate documentation, shareholder agreements, employment agreements, service agreements, third party vendor contracts and all documents necessary to the formation and operation of insurance companies and producers
- Preparation of private placement memoranda and similar disclosure documents in connection with capital raising activities
- Preparation of applications seeking securities permits, organizational permits, certificates of authority, insurance producer licenses (for both entities and individuals) and similar regulatory filings
- Advice concerning policy form and content requirements, advertising, privacy laws compliance, rates and class plans
- Advice concerning electronic sales and marketing of insurance products over the Internet
- Advice concerning and preparation of documents pertaining to Insurance Holding Company Act compliance
- Preparation of documents applicable to the formation and regulation of purchasing groups and risk retention groups under both state and federal laws
- Advice concerning compensation of insurance agents and brokers, including contingent commission and profit-sharing arrangements
