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Note 15. Dividend Restrictions On Insurance Subsidiary
12 Months Ended
Dec. 31, 2013
Notes  
Note 15. Dividend Restrictions On Insurance Subsidiary

15.  Dividend Payment Restrictions and Statutory Information

 

Dividends from Independence American to its parent, a subsidiary of AMIC, are subject to the prior notification to the Delaware Insurance Commissioner, if such dividends, together with the fair market value of other dividends or distributions made within the preceding twelve months, exceed the greater of (i) 10% of surplus as regards policyholders as of the preceding December 31 or (ii) net income, not including realized capital gains, for the twelve-month period ending the December 31 next preceding.  Such dividends may be paid as long as they have not been disapproved by the Delaware Insurance Commissioner within 30 days of its receipt of notice thereof.  Independence American paid dividends of $0 in 2013 and of $2,000,000 in 2012.  There are no regulatory restrictions on the ability of our holding company, AMIC, to pay dividends.  Under Delaware law, AMIC is permitted to pay dividends from surplus or net profits for the fiscal year in which the dividend is declared and/or the preceding fiscal year.  Dividends to shareholders are paid from funds available at the corporate holding company level.  No dividend on the Company’s stock was declared during 2013.

 

Independence American is required to prepare statutory financial statements in accordance with statutory accounting practices prescribed or permitted by the Office of the Insurance Commissioner of the State of Delaware.  Statutory accounting practices differ from U.S. GAAP in several respects causing differences in reported net income and stockholder’s equity.  Independence American has no permitted accounting practices, which encompass all accounting practices not so prescribed that have been specifically allowed by the Office of the Insurance Commissioner of the State of Delaware.

 

Independence American is required to maintain a certain minimum amount of statutory surplus to satisfy its state insurance department of domicile.  Risk-based capital (“RBC”) requirements are designed to assess capital adequacy and to raise the level of protection that statutory surplus provides for policyholders.  At December 31, 2013 and 2012, the statutory capital of Independence American was significantly in excess of regulatory RBC requirements.

 

Independence American’s statutory capital and surplus was $57,875,000 as of December 31, 2013 and $54,427,000 as of December 31, 2012.  Independence American’s statutory net income was $3,176,000 for 2013, $3,271,000 for 2012, and $4,542,000 for 2011.