Michigan Compiled Laws
218-1956-13 - Chapter 13 Holding Companies (500.1301...500.1379)
Section 500.1301.amended - Insurance Holding Companies; Definitions.

***** 500.1301.amended THIS AMENDED SECTION IS EFFECTIVE MARCH 29, 2023 *****
Sec. 1301.
As used in this chapter:
(a) "Enterprise risk" means an activity, circumstance, event, or series of events involving 1 or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect on the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including, but not limited to, anything that would cause the insurer to be hazardous to policyholders, creditors, and the public.
(b) "Group-wide supervisor" means the regulatory official authorized to engage in conducting and coordinating group-wide supervision activities who is determined or acknowledged by the director under section 1359 to have sufficient contacts with the internationally active insurance group.
(c) "Insurer" means that term as defined in section 106 and includes a nonprofit dental care corporation operating under 1963 PA 125, MCL 550.351 to 550.373. Insurer does not include agencies, authorities, or instrumentalities of the United States, its possessions and territories, the commonwealth of Puerto Rico, the District of Columbia or a state or political subdivision of a state, fraternal benefit societies, or nonprofit health care corporations.
(d) "Internationally active insurance group" means an insurance holding company system to which both of the following apply:
(i) The insurance holding company system includes an insurer registered under section 1324.
(ii) The insurance holding company system meets all of the following criteria:
(A) The insurance holding company system has premiums written in at least 3 countries.
(B) The percentage of gross premiums written outside the United States is at least 10% of the insurance holding company system's total gross written premiums.
(C) Based on a 3-year rolling average, the total assets of the insurance holding company system are at least $50,000,000,000.00 or the total gross written premiums of the insurance holding company system are at least $10,000,000,000.00.
(e) "Lead state commissioner" means the insurance commissioner of the state in which an insurer member of an insurance holding company system is domiciled and that is determined to be the lead state under the procedures in the Financial Analysis Handbook, as adopted by the director.
(f) "NAIC" means the National Association of Insurance Commissioners.
(g) "NAIC Liquidity Stress Test Framework" means a separate NAIC publication that includes all of the following components:
(i) A history of the NAIC's development of regulatory liquidity stress testing.
(ii) The liquidity stress test instructions and reporting templates and scope criteria for a specified data year, which are adopted by the NAIC and amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC.
(h) "Person" means that term as defined in section 114, except that it does not include a securities broker that does not perform more than the usual and customary broker's function, so long as the securities broker holds less than 10% of the voting securities of an insurer or of any person that controls an insurer.
(i) "Scope criteria" means, as detailed in the NAIC Liquidity Stress Test Framework, the designated exposure bases and their minimum magnitudes for a specified data year that are used to establish a preliminary list of insurers considered scoped into the NAIC Liquidity Stress Test Framework for that data year.
History: Add. 1970, Act 136, Imd. Eff. July 29, 1970 ;-- Am. 1992, Act 182, Imd. Eff. Oct. 1, 1992 ;-- Am. 2015, Act 244, Imd. Eff. Dec. 22, 2015 ;-- Am. 2020, Act 16, Imd. Eff. Jan. 27, 2020 ;-- Am. 2022, Act 258, Eff. Mar. 29, 2023 Popular Name: Act 218

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 500 - Insurance Code of 1956

Act 218 of 1956 - The Insurance Code of 1956 (500.100 - 500.8302)

218-1956-13 - Chapter 13 Holding Companies (500.1301...500.1379)

Section 500.1301 - Insurance Holding Companies; Definitions.

Section 500.1301.amended - Insurance Holding Companies; Definitions.

Section 500.1305 - Domestic Insurers; Organization or Acquisition of Subsidiaries; Book of Business; Value; Admitted Asset; Limitation; Amortization; Annual Test; Definition; Authority of Commissioner.

Section 500.1311 - Merging With or Acquiring Control of Domestic Insurer; Statement; Filing Confidential Notice of Proposed Divestiture; Notice by Person Proposing to Merge or Acquire Control of Domestic Insurer; “Domestic Insurer” Explained.

Section 500.1312 - Statement Filed With Director; Contents; Duties.

Section 500.1313 - Partnership, Syndicate or Other Group; Statement Filed With Commissioner, Amendment.

Section 500.1314 - Alternative Filing Materials.

Section 500.1315 - Merger or Acquisition of Control; Approval by Director; Public Hearing; Determination; Contested Case Hearing.

Section 500.1316 - Information to Shareholders; Expense; Bond; Examination or Investigation.

Section 500.1317 - Exemptions.

Section 500.1318 - Violations.

Section 500.1319 - Jurisdiction of Actions Arising Out of Violations; Consent to Process.

Section 500.1324 - Insurers Subject to Registration; Time.

Section 500.1325 - Registration Statement; Form; Contents; Other Reports or Information Required.

Section 500.1325a - Annual Enterprise Risk Report.

Section 500.1325a.amended - Annual Enterprise Risk Report.

Section 500.1325b.added - Annual Group Capital Calculation; Filing; Exemption.

Section 500.1325c.added - Liquidity Stress Test Framework; Results; Filing; Compliance With Naic.

Section 500.1326 - Registration Statement; Nonmaterial Information Not Disclosed.

Section 500.1326.amended - Registration Statement; Nonmaterial Information Not Disclosed.

Section 500.1327 - Registration Statement; Reporting Material Changes or Additions and Distributions to Shareholders.

Section 500.1328 - Registration; Termination.

Section 500.1329 - Consolidated Registration Statements.

Section 500.1330 - Registration on Behalf of Affiliated Insurer.

Section 500.1331 - Exemptions.

Section 500.1332 - Petition for Disclaimer of Affiliation; Filing; Contents; Effect; Disallowance.

Section 500.1333 - Registration Statement; Failure to File.

Section 500.1334 - Person Subject to Registration; Providing Information to Insurer.

Section 500.1341 - Transactions Within Holding Company System; Certain Insurers as Party; Standards; Prior Approval; Transactions Entered Into by Domestic Insurers; Notification; Separate Transactions; Review by Director; Total Investment Exceeding 1...

Section 500.1341a.added - Domestic Insurer Investments; Limitations.

Section 500.1342 - Application of MCL 500.436a.

Section 500.1343 - Ordinary Shareholder Dividends Paid by Domestic Insurers; Review by Director; Determination of Reasonableness; Factors; Limiting or Disallowing Payment of Shareholder Dividends; Declaration or Payment From Earned Surplus; Declarati...

Section 500.1344 - Officers and Directors; Obligation or Liability; Common Management or Cooperative or Joint Use of Personnel, Property, or Services.

Section 500.1351 - Examination of Insurer or Affiliates; Information; Experts; Expenses.

Section 500.1355 - Examination of Insurer or Affiliates; Confidentiality of Information; Written Consent; Disclosure; Notice; Publication in Interest of Public; Sharing Documents, Materials, or Other Information With Regulator, Naic, or Law Enforceme...

Section 500.1355.amended - Examination of Insurer or Affiliates; Privilege and Confidentiality of Information; Use of Materials; Written Consent; Disclosure; Notice; Publication in Interest of Public; Sharing Documents; Written Agreement; Responsibil...

Section 500.1357 - Participation of Director in Supervisory College.

Section 500.1359 - Internationally Active Insurance Group; Group-Wide Supervisor; Determination Factors; Duties.

Section 500.1361 - Issuance of Rules and Orders.

Section 500.1365 - Injunctions; Violation of Chapter, Rule or Order.

Section 500.1367 - Voting Certain Securities Prohibited; Injunction.

Section 500.1368 - Voting Securities in Violation of Chapter; Sequestration of Securities.

Section 500.1371 - Violation of Chapter; Action by Director; Criminal Proceeding; Penalty; Disapproval of Dividends or Distributions.

Section 500.1375 - Violation of Chapter; Receivership.

Section 500.1377 - Liquidation or Rehabilitation; Recovery of Certain Distributions or Payments.

Section 500.1378 - Failure by Commissioner to Act or Make Determination; Petition for Writ of Superintending Control.

Section 500.1379 - Violation of Chapter; Suspension, Revocation or Refusal to Renew License.