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2019 South Dakota Codified Laws
Title 58 - Insurance
Chapter 05A - Insurance Holding Companies
- § 58-5A-1 Definition of terms.
- § 58-5A-2 Domestic insurer defined.
- § 58-5A-3 Acquisition of control of or merger with domestic insurer--Information statement required--Approval by director required--Violation as misdemeanor.
- § 58-5A-3.1 Divestiture of controlling interest in domestic insurer--Notice to director and insurer.
- § 58-5A-4 Contents of information statement--Violation as misdemeanor.
- § 58-5A-5 Information statement required of partners or members of syndicate or group--Violation as misdemeanor.
- § 58-5A-6 Information required of corporations, officers, directors and certain owners of voting securities--Violation as misdemeanor.
- § 58-5A-7 Amendment of information statement--Violation as misdemeanor.
- § 58-5A-8 Federal or state registration statements utilized in furnishing information.
- § 58-5A-9 Approval by director of acquisition or merger--Grounds for disapproval.
- § 58-5A-9.1 Disapproval of dividends or distributions for violation--Order of supervision.
- § 58-5A-10 Time of hearing--Notice.
- § 58-5A-10.1 Request for public hearing on consolidated basis.
- § 58-5A-11 Procedure at hearing--Evidence admissible.
- § 58-5A-11.1 Cost of hearing officer--Retention of various experts at acquiring person's expense.
- § 58-5A-12 Time for director's determination after hearing.
- § 58-5A-13 Statements and notices mailed to shareholders--Expenses of mailing--Security required.
- § 58-5A-14 Repealed.
- § 58-5A-15 Mergers and consolidations exempt from information and approval requirements.
- § 58-5A-16 Acquisitions exempt from information and approval requirements by order of director.
- § 58-5A-17 Repealed.
- § 58-5A-18 Acquisition, divestiture, or merger without approval as misdemeanor.
- § 58-5A-19 Jurisdiction of court in Hughes County--Director as attorney for service of process.
- § 58-5A-20 Registration of subsidiary insurer--Time for registration--Statement required of foreign insurer.
- § 58-5A-21 Form and contents of registration statement.
- § 58-5A-22 Initial and annual registration fees.
- § 58-5A-23 Disclosure of immaterial information not required.
- § 58-5A-24 Report of changes required of registered insurer.
- § 58-5A-25 Termination of registration.
- § 58-5A-26 Consolidated registration statement or report by affiliated insurers.
- § 58-5A-27 Registration by insurer on behalf of affiliated insurer.
- § 58-5A-28 Insurer exempt from registration requirements on order of director.
- § 58-5A-29 Disclaimer of affiliation--Contents--Procedure on disallowance.
- § 58-5A-29.1 Annual enterprise risk report.
- § 58-5A-30 Failure to file registration statement or enterprise risk report--Penalty--Waiver.
- § 58-5A-31 Registration requirements satisfied by duplicate copies of federal filings.
- § 58-5A-32 Standards for material transactions by registered insurers with affiliates--Nonconformity.
- § 58-5A-33 Repealed.
- § 58-5A-34 Adequacy of insurer's surplus--Factors considered.
- § 58-5A-35 Notice to director of extraordinary distribution--Approval by director.
- § 58-5A-36 Application for approval of extraordinary distribution--Contents.
- § 58-5A-37 Examination of insurers and affiliates.
- § 58-5A-38 Grounds for director's examination.
- § 58-5A-38.1 Production of records, books, and other information.
- § 58-5A-38.2 Examination of registered insurer's affiliates to obtain information.
- § 58-5A-39 Personnel employed by department for conduct of examination.
- § 58-5A-40 Insurer to pay expense of examination.
- § 58-5A-41 Confidentiality of information in possession or control of Division--Use in regulatory or legal action--Grounds for publication by director.
- § 58-5A-41.1 Testimony in private civil action concerning confidential information prohibited.
- § 58-5A-41.2 Certain sharing of confidential information permitted.
- § 58-5A-41.3 Agreements regarding sharing of confidential information.
- § 58-5A-41.4 Information in possession or control of NAIC confidential.
- § 58-5A-41.5 Confidentiality not waived by disclosure of information.
- § 58-5A-42 Repealed.
- § 58-5A-43 Acquisition of subsidiaries--Limitations.
- § 58-5A-44 Disposition of investment in subsidiary upon cessation of control--Waiver.
- § 58-5A-45 Pre-acquisition notification--Person defined.
- § 58-5A-46 Acquisition and involved insurer defined.
- § 58-5A-47 Application of §§ 58-5A-46 to 58-5A-53--Exceptions.
- § 58-5A-48 Pre-acquisition notification--Contents--Waiting period.
- § 58-5A-49 Action by director when acquisition lessens competition--Promulgation of rules establishing competitive standards.
- § 58-5A-50 Acquisitions subject to order under § 58-5A-69.
- § 58-5A-51 Plan for limiting anticompetitive impact of acquisition--Time limit.
- § 58-5A-52 Fine, suspension, or revocation for violation of cease and desist order.
- § 58-5A-53 Failure to comply with filing requirements--Fine.
- § 58-5A-54 Report of dividends and distributions to shareholders--Time limit.
- § 58-5A-55 Persons subject to registration to provide complete and accurate information to insurer.
- § 58-5A-56 Notification to director of certain transactions required.
- § 58-5A-57 Transactions entered into to avoid director's review prohibited.
- § 58-5A-58 Considerations in decision to approve or disapprove transactions.
- § 58-5A-59 Notification to director of certain investments into one corporation.
- § 58-5A-60 Certain securities not to be voted at shareholder's meeting--Application for injunction.
- § 58-5A-61 Petition to seize or sequester voting securities acquired in violation of chapter.
- § 58-5A-62 Violations by officers subject to fine--Determining amount of fine.
- § 58-5A-63 Transactions or contracts entered into without approval--Cease and desist order by director.
- § 58-5A-64 Criminal proceedings for violation committed knowingly--Fine.
- § 58-5A-65 False statements, reports, or filings as felony.
- § 58-5A-66 Order for conservation, liquidation, or rehabilitation--Distribution and recovery--Liability.
- § 58-5A-67 Suspension, revocation, or refusal to renew license for violation.
- § 58-5A-68 Stay of director's action upon appeal to circuit court.
- § 58-5A-69 Order by director upon violation of standards--Cease and desist--Denial of license.
- § 58-5A-70 Promulgation of rules by director.
- § 58-5A-71 Application of §§ 58-5A-60 and 58-5A-61.
- § 58-5A-72 Ownership situs of voting securities.
- § 58-5A-73 Additional investments by domestic insurer.
- § 58-5A-74 Determining whether investments meet applicable requirements.
- § 58-5A-75 Investments subject to chapter 58-27.
- § 58-5A-76 Application to insurer not a member of same holding company.
- § 58-5A-77 Dividends paid from earned surplus--Exclusions--Promulgation of rules for ordinary dividends.
- § 58-5A-78 Director's participation in supervisory college to determine insurer compliance.
- § 58-5A-79 Expenses of director's participation in supervisory college .
- § 58-5A-80 Director's participation in supervisory college with other regulators.
- § 58-5A-81 Maintenance of risk management framework.
- § 58-5A-82 Regular conduct of ORSA.
- § 58-5A-83 Submission of ORSA summary report or comparable reports to division.
- § 58-5A-84 ORSA summary report requirements.
- § 58-5A-85 Exemption from requirements.
- § 58-5A-86 Requirements where insurer or insurer's group does not qualify for exemption.
- § 58-5A-87 Insurer's application for waiver.
- § 58-5A-88 One year period to comply with requirements following loss of qualification for exemption.
- § 58-5A-89 Conditions under which director may require maintenance of risk management framework, conduct of ORSA, and filing of ORSA summary report.
- § 58-5A-90 Confidentiality of information submitted to division.
- § 58-5A-91 Powers and duties of director regarding ORSA.
- § 58-5A-92 Sharing of information and documents by director--Confidentiality.
- § 58-5A-93 Promulgation of rules regarding ORSA.
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