58-2-128. Interagency consultation.
(a) Purpose. - It is the stated intention of the Congress in P.L. 106-102, the Gramm-Leach-Bliley Act, that the Board of Governors of the Federal Reserve System, as the umbrella supervisor for financial holding companies, and the Commissioner, as the functional regulator of persons engaged in insurance activities, coordinate efforts to supervise persons that control both a depository institution and a person engaged in insurance activities regulated under State law. In particular, Congress believes that the Board and the Commissioner should share, on a confidential basis, information relevant to the supervision of persons that control both a depository institution and a person engaged in insurance activities, including information regarding the financial health of the consolidated organization and information regarding transactions and relationships between persons engaged in insurance activities and affiliated depository institutions. The purpose of this section is to encourage this coordination and confidential sharing of information and to thereby improve both the efficiency and the quality of the supervision of financial holding companies and their affiliated depository institutions and persons engaged in insurance activities.
(b) Commissioner's Authority. - Upon the request of the Board or the appropriate federal banking agency, the North Carolina Secretary of State, or the North Carolina Commissioner of Banks, the Commissioner may provide any examination or other reports, records, or other information to which the Commissioner has access with respect to a person that:
(1) Is engaged in insurance activities and regulated by the Commissioner.
(2) Is an affiliate of a depository institution or financial holding company.
Upon the request of the Board or the appropriate federal banking agency, the North Carolina Secretary of State, or the North Carolina Commissioner of Banks, the Commissioner may provide any examination or other reports, records, or other information to which the Commissioner has access with respect to any insurance producer.
(c) Privilege. - The provision of information or material under this section by the Commissioner does not constitute a waiver of, or otherwise affect, any privilege to which the information or material is otherwise subject.
(d) Definitions. - As used in this section, the terms:
(1) "Appropriate federal banking agency" and "depository institution" have the same meanings as in section 3 of the Federal Deposit Insurance Act, 12 U.S.C. 1813.
(2) "Board" and "financial holding company" have the same meanings as in section 2 of the Bank Holding Company Act of 1956, 12 U.S.C. 1841, et seq.
(3) "Insurance producer" or "producer" means a person required to be licensed under this Article to sell, solicit, or negotiate insurance. "Insurance producer" or "producer" includes an agent, a broker, and a limited representative. (2001-215, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Commissioner of Insurance.
§ 58-2-1 - Department established.
§ 58-2-5 - Commissioner's election and term of office.
§ 58-2-10 - Salary of Commissioner.
§ 58-2-15 - Chief deputy commissioner.
§ 58-2-25 - Other deputies, actuaries, examiners and employees.
§ 58-2-30 - Appointments of committees or councils.
§ 58-2-31 - Seniors' Health Insurance Information Program.
§ 58-2-35 - Seal of Department.
§ 58-2-40 - Powers and duties of Commissioner.
§ 58-2-45 - Orders of Commissioner; when writing required.
§ 58-2-50 - Examinations, hearings, and investigations.
§ 58-2-52 - Appeals and rate-making hearings before the Commissioner.
§ 58-2-53 - Filing approvals and disapprovals; clarification of law.
§ 58-2-55 - Designated hearing officers.
§ 58-2-60 - Restraining orders; criminal convictions.
§ 58-2-65 - License surrenders.
§ 58-2-70 - Civil penalties or restitution for violations; administrative procedure.
§ 58-2-75 - Court review of orders and decisions.
§ 58-2-80 - Court review of rates and classification.
§ 58-2-85 - Procedure on appeal under § 58-2-80.
§ 58-2-90 - Extent of review under § 58-2-80.
§ 58-2-95 - Commissioner to supervise local inspectors.
§ 58-2-100 - Office of Commissioner a public office; records, etc., subject to inspection.
§ 58-2-105 - Confidentiality of medical and credentialing records.
§ 58-2-110 - Original documents and certified copies as evidence.
§ 58-2-115 - Admissibility of certificate as evidence of agent's authority.
§ 58-2-120 - Reports of Commissioner to the Governor and General Assembly.
§ 58-2-121 - Report of Department to General Assembly committees on various relief funds.
§ 58-2-125 - Authority over all insurance companies; no exemptions from license.
§ 58-2-128 - Interagency consultation.
§ 58-2-131 - Examinations to be made; authority, scope, scheduling, and conduct of examinations.
§ 58-2-132 - Examination reports.
§ 58-2-133 - Conflict of interest; cost of examinations; immunity from liability.
§ 58-2-134 - Cost of certain examinations.
§ 58-2-136 - Insurer records sent to Department for examination; expenses.
§ 58-2-150 - Oath required for compliance with law.
§ 58-2-155 - Investigation of charges.
§ 58-2-161 - False statement to procure or deny benefit of insurance policy or certificate.
§ 58-2-162 - Embezzlement by insurance producers or administrators.
§ 58-2-163 - Report to Commissioner.
§ 58-2-164 - Rate evasion fraud; prevention programs.
§ 58-2-165 - Annual, semiannual, monthly, or quarterly statements to be filed with Commissioner.
§ 58-2-171 - Qualifications of actuaries.
§ 58-2-180 - Punishment for making false statement.
§ 58-2-185 - Record of business kept by companies and insurance producers; Commissioner may inspect.
§ 58-2-190 - Commissioner may require special reports.
§ 58-2-200 - Books and papers required to be exhibited.
§ 58-2-205 - CPA audits of financial statements.
§ 58-2-210 - Rules for mortgage insurance consolidations.
§ 58-2-215 - Consumer Protection Fund.
§ 58-2-230 - Commissioner to share information with Department of Labor.
§ 58-2-240 - Market conduct analysis, financial analysis, and related information not public record.
§ 58-2-245 - Access to employer taxpayer identification numbers contained in public documents.
§ 58-2-250 - Electronic filings.
§ 58-2-255 - Electronic insurance communications and records.