1. Each insurer, or the insurance group of which the insurer is a member, shall, not later than June 1 of each calendar year, submit to the Commissioner a corporate governance annual disclosure which contains the information prescribed by the Commissioner by regulation pursuant to subsection 2 of NRS 692C.3506. If an insurer is a member of an insurance group, the insurer shall submit the report required by this section to the insurance commissioner of the lead state for the insurance group in accordance with the laws of the lead state, as determined by the procedures contained in the most recent Financial Analysis Handbook published by the National Association of Insurance Commissioners.
2. Each year after the year in which the insurer or insurance group first submitted its corporate governance annual disclosure pursuant to subsection 1, the insurer or insurance group shall submit to the Commissioner an amended version of the corporate governance annual disclosure which was submitted the previous year. The amended version must indicate where changes to the corporate governance annual disclosure have been made, including, without limitation, any changes in the information or activities reported by the insurer or insurance group. If no changes have been made, the amended version must expressly indicate that no changes have been made.
3. The corporate governance annual disclosure must include the signature of the chief executive officer or corporate secretary of the insurer or insurance group attesting that, to the best of that person’s belief and knowledge, the insurer or insurance group has implemented the corporate governance practices described in the corporate governance annual disclosure and that a copy of the corporate governance annual disclosure has been provided to the board of directors, or the appropriate committee thereof, of the insurer or insurance group.
4. An insurer that is not required to submit a corporate governance annual disclosure to the Commissioner pursuant to subsection 1 shall do so upon the Commissioner’s request.
5. For purposes of completing the corporate governance annual disclosure, the insurer or insurance group may provide information regarding the corporate governance at the level of the legal entity which exercises ultimate control over the insurer or insurance group, of an intermediate holding company or of the insurer or insurance group, depending upon the manner in which the insurer or insurance group has structured its system of corporate governance. The insurer or insurance group shall, to the extent practicable, provide such information at the level at which:
(a) The insurer or insurance group determines the amount of risk it is willing to bear;
(b) The earnings, capital, liquidity, operations and reputation of the insurer or insurance group are overseen collectively and the supervision of those factors are coordinated and exercised; or
(c) Legal liability for a failure of general corporate governance duties would be placed.
If the insurer or insurance group determines the level of reporting based on these criteria, it shall indicate in the corporate governance annual disclosure which of the three criteria was used to determine the level of reporting and explain any changes in the level of reporting used for subsequent corporate governance annual disclosures.
6. The review of the corporate governance annual disclosure and any additional requests for information must be performed by the lead state as determined by the procedures contained in the most recent Financial Analysis Handbook published by the National Association of Insurance Commissioners.
7. An insurer or insurance group which provides information substantially similar to the information required by NRS 692C.3501 to 692C.3509, inclusive, in other documents provided to the Commissioner, including, without limitation, proxy statements filed in conjunction with any forms filed pursuant to NRS 692C.270 or any regulations adopted pursuant thereto, or other state or federal filings provided to the Division, may cross-reference in the corporate governance annual disclosure the document in which the information is included rather than duplicating such information in the corporate governance annual disclosure.
(Added to NRS by 2017, 64; A 2021, 2988)
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.