The provisions of this chapter apply to any acquisition in which a change in control of an insurer who is authorized to do business in this state occurs, except:
1. An acquisition that is subject to approval or disapproval by the Commissioner pursuant to NRS 692C.180 to 692C.250, inclusive.
2. A purchase of securities solely for investment purposes if the securities are not used for voting or not otherwise used to cause or attempt to cause a substantial lessening of competition in any insurance market in this state, except that, if a purchase of securities creates a presumption of control of the insurer pursuant to subsection 2 of NRS 692C.050, the purchase is not solely for investment purposes unless the commissioner of insurance of the insurer’s state of domicile:
(a) Accepts a disclaimer of control or affirmatively finds that control does not exist; and
(b) Submits the accepted disclaimer or a statement setting forth the affirmative finding to the Commissioner.
3. An acquisition of a person by another person if:
(a) Each of those persons is not directly or through an affiliate primarily engaged in the business of insurance; and
(b) At least 30 days before the effective date of the acquisition, a notice is filed with the Commissioner in accordance with NRS 692C.254, if required.
4. An acquisition by a person of an affiliate of that person.
5. An acquisition that does not immediately cause:
(a) The combined market share of the involved insurers to exceed 5 percent of the total market;
(b) An increase in any market share; or
(c) For any market:
(1) The combined market share of the involved insurers to exceed 12 percent of the total market; and
(2) The market share to increase by more than 2 percent of the total market.
As used in this subsection, "market" means direct written premiums in this state for a line of authority set forth in the annual statement required to be filed by insurers authorized to do business in this state.
6. An acquisition for which, solely because of the effect of the acquisition on ocean marine insurance, a notification is required pursuant to this section.
7. An acquisition of an insurer whose domiciliary commissioner of insurance:
(a) Determines that:
(1) The insurer is in a failing condition;
(2) A feasible alternative for improving that condition does not exist; and
(3) The public benefit received from improving that condition through the acquisition of the insurer outweighs the public benefit received from increasing competition; and
(b) Submits a determination by the domiciliary commissioner of insurance made pursuant to paragraph (a) to the Commissioner.
(Added to NRS by 2003, 3318)
Structure Nevada Revised Statutes
Chapter 692C - Holding Companies
NRS 692C.025 - "Acquisition" defined.
NRS 692C.030 - "Affiliate" defined.
NRS 692C.040 - "Commissioner" defined.
NRS 692C.050 - "Control" defined.
NRS 692C.055 - "Enterprise risk" defined.
NRS 692C.056 - "Group Capital Calculation instructions" defined.
NRS 692C.057 - "Insurance group" defined.
NRS 692C.060 - "Insurance holding company system" defined.
NRS 692C.070 - "Insurer" defined.
NRS 692C.075 - "Involved insurer" defined.
NRS 692C.076 - "NAIC" defined.
NRS 692C.0765 - "NAIC Liquidity Stress Test Framework" defined.
NRS 692C.077 - "ORSA Guidance Manual" defined.
NRS 692C.078 - "ORSA Summary Report" defined.
NRS 692C.079 - "Own Risk and Solvency Assessment" and "ORSA" defined.
NRS 692C.080 - "Person" defined.
NRS 692C.085 - "Scope Criteria" defined.
NRS 692C.090 - "Security holder" defined.
NRS 692C.100 - "Subsidiary" defined.
NRS 692C.110 - "Voting security" defined.
NRS 692C.120 - Rules, regulations and orders.
NRS 692C.130 - Organization and acquisition of subsidiaries authorized.
NRS 692C.140 - Authorized investments in securities of subsidiaries.
NRS 692C.150 - Exemption from restrictions on investments.
NRS 692C.160 - Determination of qualification of investment.
NRS 692C.170 - Cessation of control: Disposal of investment required; exception.
NRS 692C.180 - Acquisition or merger: Filing requirements; approval by Commissioner; regulations.
NRS 692C.190 - Acquisition or merger: Contents of pre-acquisition statement.
NRS 692C.200 - Acquisition or merger: Use of alternative documents.
NRS 692C.250 - Jurisdiction of court; consent to service of process.
NRS 692C.254 - Form of notice; waiting period.
NRS 692C.256 - Order of Commissioner relating to acquisition: Issuance; competitive standard.
NRS 692C.280 - Registration statement: Exempt information.
NRS 692C.296 - Group capital calculation: Recognition and acceptance.
NRS 692C.300 - Termination of registration.
NRS 692C.310 - Consolidated registration.
NRS 692C.320 - Registration on behalf of affiliated insurer.
NRS 692C.350 - Violations; penalties.
NRS 692C.3501 - "Corporate governance annual disclosure" defined.
NRS 692C.3503 - Applicability and scope.
NRS 692C.3504 - Submission; requirements; review; regulations.
NRS 692C.3505 - Rules, regulations and orders.
NRS 692C.3506 - Contents and preparation; regulations.
NRS 692C.3507 - Confidentiality.
NRS 692C.351 - Risk management framework required.
NRS 692C.3512 - Own Risk and Solvency Assessment requirement.
NRS 692C.3514 - Filing of ORSA Summary Report.
NRS 692C.3516 - Required attestation of ORSA Summary Report.
NRS 692C.3518 - Acceptable alternative to ORSA Summary Report.
NRS 692C.352 - Exemption from risk management and ORSA requirements.
NRS 692C.3522 - Filing requirements for exempt member of nonexempt insurance group.
NRS 692C.3524 - Filing requirements for nonexempt member of exempt insurance group.
NRS 692C.3526 - Waiver of requirements: Application by nonexempt insurer; granting.
NRS 692C.3528 - Authority of Commissioner to impose certain requirements on exempt insurer.
NRS 692C.353 - Requirements for exempt insurer no longer qualified for exemption.
NRS 692C.3532 - Contents of ORSA Summary Report.
NRS 692C.3534 - Review of ORSA Summary Report.
NRS 692C.3536 - Confidentiality of information.
NRS 692C.3538 - Confidential information: Testimonial prohibition; exception.
NRS 692C.3546 - Applicability of confidentiality provisions to NAIC and third parties.
NRS 692C.3548 - Prohibited acts; penalties.
NRS 692C.360 - Transactions with affiliates; regulations.
NRS 692C.370 - Adequacy of surplus.
NRS 692C.372 - Group-wide supervision of internationally active insurance groups: Definitions.
NRS 692C.380 - Extraordinary distributions to shareholders: Definition.
NRS 692C.390 - Extraordinary distributions to shareholders: Notice; approval.
NRS 692C.400 - Extraordinary distributions to shareholders: Conditional declaration.
NRS 692C.410 - Examination of insurer: Powers of Commissioner; payment of expenses.
NRS 692C.430 - Injunctive relief.
NRS 692C.440 - Prohibited voting of securities.
NRS 692C.450 - Sequestration of voting securities.
NRS 692C.470 - Suspension or revocation of or refusal to renew license.