A prepaid legal services organization is any person who undertakes to provide an arrangement for one or more legal service plans. Prepaid legal services organizations are subject to the laws and rules under N.D.C.C. § 26.1-19.
In order for a prepaid legal services organization to conduct business in North Dakota, the organization shall submit an application for a certificate of authority to the Insurance Commissioner. An organization seeking a certificate of authority must submit the following:
- Certified copy of charter or articles of incorporation and bylaws, if applicable
- A list of the names, addresses, and official capacities within the organization of all persons who are responsible for the conduct of the affairs of the applicant, including all members of the governing body, the officers and directors in the case of a corporation, the managers and governors in the case of a limited liability company, the partners under a partnership, the trustees under a trust agreement and the members or owners under any other organizational form
- A statement generally describing the organization, its enrollment process, its administrative operations, any cost and quality control assurance mechanisms, its internal grievance procedure, the method it proposes to use to enroll members, the geographic area or areas to be served, the location of its office or offices, the number of providers to be utilized and the recordkeeping system which will provide documentation of the utilization of plan benefits by enrolled participants
- Agent for Service of Process form (SFN 8330)
- Copies of all contract forms the organization proposes to furnish to enrolled participants
- Copies of all contract forms the organization proposes to enter into with providers
- Copies of the forms evidencing coverage to be issued to enrolled participants
- Copies of the forms of group contracts, if any, which are to be issued to employers, unions, trustees or other organizations
- A statement of the financial condition of the organization, including income statement, balance sheet and sources of funds
- A description of the proposed marketing techniques and copies of any proposed advertising materials
- A schedule of rates with any available actuarial and other data
- Copy of the organization's complaint system
- A nonrefundable application fee of $500
The North Dakota Insurance Department will issue a Certificate of Authority if the application is approved. An application may be filed at any time throughout the year. All applications and fees should be directed to the Department.
The Renewal Statement For Admitted Companies must be submitted using the North Dakota Insurance Department Renewal System.
The Renewal System requires payment of the company's renewal fees by one of the following options:
- ACH credit and wire transfer - your financial institution or accounting department must originate payment. The payment cannot be made using the online system; see the Online Renewal System for further instructions.
- Payment by check - a completed copy of the renewal statement must be included along with the company's check and postmarked by March 1 to avoid penalties.
If you have questions regarding the ACH credit or wire transfer processes, please contact the Department.
In addition to the annual renewal fee, a prepaid legal services organization must annually submit the following:
- A financial statement of the organization, including its balance sheet and statement of income and expenditures for the preceding year prepared by an independent certified public accountant;
- Any changes in the information submitted initially upon application for a certificate of authority; and
- A description of the procedure used under the complaint system filed at the time of application, which includes the total number of complaints by type handled through the complaint system and the disposition of all complaint filed under the system.