Missouri Revised Statutes
Chapter 382 - Insurance Holding Companies
Section 382.110 - Registration, form, contents, exempted matter.

Effective - 28 Aug 2021, 2 histories
382.110. Registration, form, contents, exempted matter. — 1. Every insurer subject to registration shall file a registration statement on a form provided by the director containing current information about:
(1) The capital structure, general financial condition, ownership and management of the insurer and any person controlling the insurer;
(2) The identity of every member of the insurance holding company system;
(3) The following agreements in force, relationships subsisting, and transactions currently outstanding between the insurer and its affiliates:
(a) Loans, other investments, or purchases, sales or exchanges of securities of the affiliates by the insurer or of the insurer by its affiliates;
(b) Purchases, sales, or exchanges of assets;
(c) Transactions not in the ordinary course of business;
(d) Guarantees or undertakings for the benefit of an affiliate which result in an actual contingent exposure of the insurer's assets to liability, other than insurance contracts entered into in the ordinary course of the insurer's business;
(e) All management and service contracts and all cost-sharing arrangements;
(f) Reinsurance agreements;
(g) Dividends and other distributions to shareholders; and
(h) Consolidated tax allocation agreements;
(4) Any pledge of the insurer's stock, including stock of any subsidiary or controlling affiliate, for a loan made to any member of the insurance holding company system;
(5) Financial statements of or within an insurance holding company system, including all affiliates, if requested by the director. Financial statements may include, but are not limited to, annual audited financial statements filed with the United States Securities and Exchange Commission (SEC) under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended. An insurer required to file financial statements under this subdivision may satisfy such requirement by providing the director with the most recently filed parent corporation financial statements that have been filed with the SEC;
(6) Statements that the insurer's board of directors oversees corporate governance and internal controls and that the insurer's officers or senior management have approved, implemented, and continue to maintain and monitor corporate governance and internal control procedures;
(7) Other matters concerning transactions between registered insurers and any affiliates as may be included from time to time in any registration forms adopted or approved by the director; and
(8) Any other information required by the director by rule.
2. All registration statements shall contain a summary outlining all items in the current registration statement representing changes from the prior registration statement.
3. No information need be disclosed on the registration statement filed pursuant to subsection 1 of this section if such information is not material for the purposes of that subsection. Unless the director by rule, regulation or order provides otherwise, sales, purchases, exchanges, loans or extensions of credit, or investments, involving one-half of one percent or less of an insurer's admitted assets as of the thirty-first day of December next preceding shall not be deemed material for purposes of subsection 1 of this section. The definition of "materiality" used in this subsection shall not apply to the group capital calculation or the liquidity stress test framework.
4. Any person within an insurance holding company system subject to registration shall be required to provide complete and accurate information to an insurer, where such information is reasonably necessary to enable the insurer to comply with the provisions of sections 382.010 to 382.300.
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(L. 1971 S.B. 101 §§ 13, 14, A.L. 1992 H.B. 1574, A.L. 2015 H.B. 50, A.L. 2021 S.B. 6)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXIV - Business and Financial Institutions

Chapter 382 - Insurance Holding Companies

Section 382.010 - Definitions.

Section 382.020 - Domestic insurers, authorized investments, ownership and management practices.

Section 382.030 - Disposal of investment required, when.

Section 382.040 - Securities of domestic insurers, regulation of trading in — divestment of a controlling interest, procedure.

Section 382.050 - Statement, contents.

Section 382.060 - Approval of merger or acquisition of control, when — hearing, notice — consolidated hearing, when — change of control, restoration of capital, when.

Section 382.070 - Excepted transactions.

Section 382.080 - Prohibited acts.

Section 382.090 - Jurisdiction, acceptance of — service, how had.

Section 382.095 - Acquisitions where change of control of insurer, subject to order, when — contents, requirements — violations, penalties.

Section 382.100 - Registration required.

Section 382.110 - Registration, form, contents, exempted matter.

Section 382.120 - Information to be kept current, when changes reported.

Section 382.130 - Termination of registration, when.

Section 382.140 - Consolidated registration statements or amendments, when.

Section 382.150 - Registration for affiliates authorized.

Section 382.160 - Exemption from registration and reports, how and when.

Section 382.170 - Disclaimer of affiliation, effect of.

Section 382.175 - Enterprise risk report, contents, filing of, due date.

Section 382.176 - Group capital calculation, filing of report — exemptions — exceptions to the exemption.

Section 382.177 - Liquidity stress test, filing of — scope criteria — NAIC compliance.

Section 382.180 - Failure to file registration statement, summary, or enterprise risk report a violation.

Section 382.190 - Transactions with affiliates, how conducted.

Section 382.195 - Prohibited transactions, exceptions.

Section 382.200 - Reasonable surplus, how determined.

Section 382.210 - Extraordinary dividend, notice of — payment from earned surplus, when — allowed, when.

Section 382.220 - Director, powers of — insurer liable for examination costs.

Section 382.225 - Supervisory college, powers of director — insurer liable for expenses of director's participation in supervisory college.

Section 382.227 - Internationally active insurance group, director to act as supervisor or acknowledge another regulatory authority as supervisor, when — duties, activities — rulemaking authority.

Section 382.230 - Certain information confidential, exception — private civil action, director not required to testify — permissible acts of the director — misleading or materially false statements, certain information, remedy.

Section 382.240 - Rules and regulations, how issued.

Section 382.250 - Injunction, when authorized.

Section 382.260 - Illegally acquired securities, how treated — impending illegal acquisitions, injunctive relief — ownership of securities, where.

Section 382.265 - Penalties, certain actions.

Section 382.270 - Criminal proceedings, when and where commenced, penalty.

Section 382.275 - False reports, filing of, penalty.

Section 382.277 - Violation, basis for disapproving dividends or distributions and placing insurer under order of suspension.

Section 382.280 - Director to take possession, when.

Section 382.285 - Liquidation or rehabilitation, effects — maximum amount recoverable — liability, parent company, when.

Section 382.290 - Revocation of insurer's license, when.

Section 382.300 - Appeals from director's action, procedure.

Section 382.302 - Disposal of assets or insurer, notice to director — powers of director — voidable when — effect.

Section 382.400 - Definitions.

Section 382.402 - Applicability of law.

Section 382.405 - Degree of control required, provisions applicable, exemptions — contract between producer and insurer, requirements — insurer to have audit committee, members, purpose — loss ratios, report to director, contents.

Section 382.407 - Notice to insured, producer to provide, contents.

Section 382.409 - Noncompliance with law, powers of director — receiver in liquidation, powers.

Section 382.500 - Applicability — findings of general assembly.

Section 382.505 - Definitions.

Section 382.510 - Risk management framework to be maintained.

Section 382.515 - ORSA to be conducted, when.

Section 382.520 - ORSA summary report required, when, contents.

Section 382.525 - Exemptions — waiver — ORSA required, when.

Section 382.530 - ORSA summary report to be prepared consistent with ORSA guidance manual — review, procedures.

Section 382.535 - Information and ORSA summary report is proprietary and contains trade secrets, confidentiality — permissible acts by director — no waiver of confidentiality or privilege.

Section 382.540 - Violation, failure to file ORSA summary report.

Section 382.545 - Severability clause.

Section 382.550 - Effective date — first filing date.

Section 382.600 - Purpose — applicability.

Section 382.605 - Definitions.

Section 382.610 - CGAD submitted to director, when — attestation required — information may be provided — review of CGAD — duplication of information not required, when.

Section 382.615 - CGAD inquiries, responses to — recordkeeping.

Section 382.620 - Documents, materials, and information recognized by state as proprietary and containing trade secrets — confidentiality — director's authority and duties.

Section 382.625 - Third-party consultants permitted, when — limitation on scope of authority — confidentiality — conflict of interest — written agreement, contents.

Section 382.630 - Failure to timely file, penalty — enforcement.

Section 382.635 - Rulemaking authority.

Section 382.640 - Severability clause.