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2020 South Carolina Code of Laws
Title 38 - Insurance
Chapter 90 - Captive Insurance Companies
Editor's Note
2004 Act No. 291, Section 29, provides as follows:
"SECTION 29. Nothing contained in this chapter with respect to a SPFC shall abrogate, limit, or rescind in any way the authority of the Attorney General pursuant to the provisions of Title 35 of the 1976 Code".
ARTICLE 1 Captive Insurance Companies
- Section 38-90-10. Definitions.
- Section 38-90-20. Licensing; required information and documentation; fee; renewal.
- Section 38-90-25. Reserved.
- Section 38-90-30. Adoption of name.
- Section 38-90-35. Discovery of confidential information in civil actions.
- Section 38-90-40. Capitalization requirements.
- Section 38-90-45. Reserved.
- Section 38-90-50. Reserved.
- Section 38-90-55. Reserved.
- Section 38-90-60. Incorporation options and requirements.
- Section 38-90-70. Reports.
- Section 38-90-75. Discounting of loss and loss adjustment expense reserves.
- Section 38-90-80. Inspections and examinations; confidentiality of reports; limitations applicable to branch captive insurance companies; application of general provisions.
- Section 38-90-90. Suspension or revocation of license.
- Section 38-90-100. Applicability of investment requirements.
- Section 38-90-105. Loans.
- Section 38-90-110. Reinsurance; effect on reserves.
- Section 38-90-120. Requirement to join ratings organization.
- Section 38-90-130. Participation in plan, pool, association, or guaranty or insolvency fund.
- Section 38-90-140. Tax payment; rates; "common ownership and control" defined.
- Section 38-90-145. Reserved.
- Section 38-90-150. Rules, regulations, and orders.
- Section 38-90-160. Application of provisions of title; director discretion; exemption of special purpose captive insurance companies.
- Section 38-90-165. Declaration of inactivity.
- Section 38-90-175. Captive Insurance Regulatory and Supervision Fund created; disbursements.
- Section 38-90-180. Applicability of provisions relating to insurance reorganizations, receiverships, and injunctions; sponsored captive insurance company assets and capital provisions.
- Section 30-90-185. Reserved.
- Section 38-90-190. Reserved.
- Section 38-90-200. Conversion of certain stock, mutual corporations, or limited liability companies into reciprocal insurers; plan for conversion.
- Section 38-90-210. Formation of sponsored captive insurance company; establishing protected cells.
- Section 38-90-215. Protected cells.
- Section 38-90-220. Requirements applicable to sponsors.
- Section 38-90-225. Participants in a sponsored captive insurance company.
- Section 38-90-230. Protected cell assets; availability to creditors.
- Section 38-90-235. Repealed by 2014 Act No. 282, Section 24, eff June 10, 2014.
- Section 38-90-240. Reserved.
- Section 38-90-250. Certificate of authority.
- Section 38-90-410. Purpose.
- Section 38-90-420. Definitions.
- Section 38-90-430. Relation to other Title 38 provisions.
- Section 38-90-440. License to transact business in State; contents of application; fees; foreign corporations.
- Section 38-90-450. Organization requirements; privileges and restrictions.
- Section 38-90-460. Capitalization.
- Section 38-90-470. Authorized contracts.
- Section 38-90-480. Protected cells.
- Section 38-90-485. Effect of creation of protected cell; naming; management of assets.
- Section 38-90-490. Issuance of securities.
- Section 38-90-500. Swap agreements and other forms of asset management agreements.
- Section 38-90-510. Authority to enter into contracts; contents.
- Section 38-90-515. Securities issued by SPFC as insurance contract; underwriters or selling agents as insurance producers.
- Section 38-90-520. Requirements and guidelines for asset management.
- Section 38-90-530. Trust agreements for assets held in trust or pledged to secure obligations.
- Section 38-90-540. Payment of dividends.
- Section 38-90-550. Material changes of SPFC'S plan; filing of audit and statement of operations; examination of records.
- Section 38-90-560. Examinations by director; confidentiality of examination reports.
- Section 38-90-570. Expiration of authority granted by director on cessation of business; suspension or revocation of license; penalties; administrative hearing.
- Section 38-90-580. Tax rates and payment schedules.
- Section 38-90-590. Conditions for SPFC contract being granted credit for reinsurance treatment or otherwise qualifying as asset or reduction from liability for benefit of counterparty.
- Section 38-90-600. Conservation, rehabilitation, or liquidation of SPFC.
- Section 38-90-610. Disclosure of information by director.
- Section 38-90-620. Standards and criteria applicable in contested case brought by third party and certain actions by director.
- Section 38-90-630. Promulgation of regulations.
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