1. When an insurance holding company system has previously filed the annual group capital calculation at least once, the lead state commissioner has the discretion to exempt the ultimate controlling person from filing the annual group capital calculation if the lead state commissioner makes a determination based upon that filing that the insurance holding company system meets all of the following criteria:
(a) Has annual direct written and unaffiliated assumed premiums, including, without limitation, international direct and assumed premiums, but excluding premiums reinsured with the Federal Crop Insurance Corporation and National Flood Insurance Program, of less than $1,000,000,000;
(b) Has no insurers within its holding company structure that are domiciled outside of the United States or one of its territories;
(c) Has no banking, depository or other financial entity that is subject to an identified regulatory capital framework within its holding company structure;
(d) The holding company system attests that there are no material changes in the transactions between insurers and non-insurers in the group that have occurred since the last filing of the annual group capital calculation; and
(e) The non-insurers within the holding company system do not pose a material financial risk to the insurer’s ability to honor policyholder obligations.
2. When an insurance holding company system has previously filed the annual group capital calculation at least once, the lead state commissioner has the discretion to accept in lieu of the group capital calculation a limited group capital filing if the insurance holding company system has annual direct written and unaffiliated assumed premiums, including, without limitation, international direct and assumed premiums, but excluding premiums reinsured with the Federal Crop Insurance Corporation and National Flood Insurance Program, of less than $1,000,000,000, and the insurance holding company system:
(a) Has no insurers within its holding company structure that are domiciled outside of the United States or one of its territories;
(b) Does not include a banking, depository or other financial entity that is subject to an identified regulatory capital framework; and
(c) Attests that there are no material changes in transactions between insurers and non-insurers in the group that have occurred since the last filing of the report to the lead state commissioner and the non-insurers within the holding company system do not pose a material financial risk to the insurers’ ability to honor policyholder obligations.
3. For an insurance holding company that has previously met an exemption with respect to the group capital calculation pursuant to subsection 1 or 2, the lead state commissioner may require at any time the ultimate controlling person to file an annual group capital calculation, completed in accordance with the NAIC Group Capital Calculation Instructions, if any of the following criteria are met:
(a) Any insurer within the insurance holding company system is not in compliance with risk-based capital requirements pursuant to NRS 681B.550 and any regulations adopted pursuant thereto, or a similar standard for a non-United States insurer;
(b) Any insurer within the insurance holding company system meets one or more of the standards of an insurer deemed to be in hazardous financial condition pursuant to NRS 680A.205 and any regulations adopted pursuant thereto; or
(c) Any insurer within the insurance holding company system otherwise exhibits qualities of a troubled insurer as determined by the lead state commissioner based on unique circumstances including, without limitation, the type and volume of business written, ownership and organizational structure, federal agency requests, and international supervisor requests.
(Added to NRS by 2021, 2984)
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.