2019 South Dakota Codified Laws
Title 58 - Insurance
Chapter 14 - Reinsurance
§ 58-14-13 Establishment of trust--Annual report of balance and investments--Certification of termination of trust.
58-14-13. Establishment of trust--Annual report of balance and investments--Certification of termination of trust. The form of the trust in § 58-14-11 and any trust amendments shall be filed with the director of each state in which the ceding insurer beneficiaries of the trust are domiciled. The trust instrument shall provide that contested claims shall be valid and enforceable upon the final order of any court of competent jurisdiction in the United States. The trust shall vest legal title to its assets in the trustees of the trust for its United States policyholders and ceding insurers, their assigns and successors in interest. The trust and the assuming insurer are subject to examination as determined by the director. The trust shall remain in effect for as long as the assuming insurer has outstanding obligations due under the reinsurance agreements subject to the trust.
No later than February twenty-eighth of each year, the trustees shall report to the director in writing setting forth the balance of the trust and listing the trust's investments at the preceding year end and shall certify the date of termination of the trust, if so planned, or certify that the trust does not expire prior to the next following December thirty-first.
Source: SL 1992, ch 344, § 7; SL 2017, ch 211, § 7.
