(A) A mutual insurance holding company, intermediate holding company, and the reorganized stock insurer shall be considered to be insurers according to the laws of this State. However, the director may exempt by order a mutual insurance holding company or intermediate holding company that elects not to write insurance from any provisions of this title or regulations adopted thereunder with respect to the writing of insurance or requirements related to capital, surplus, dividends, reserves, borrowing or investments, or other provisions which the Director of the Department of Insurance determines are not applicable or should be modified. This exemption shall not change the mutual insurance holding company's status as a domestic insurer subject to the provisions of Title 38. A mutual insurance holding company, intermediate holding company, or reorganized mutual insurer may merge with, consolidate with, or acquire the assets of another person or entity, or take another action as consistent with the South Carolina Business Corporation Act or other applicable law.
(B) The director shall have jurisdiction over a mutual insurance holding company and an intermediate holding company to ensure that policyholder interests are preserved and protected.
(C) The director may promulgate regulations and issue orders to implement this article as provided by the insurance laws of this State consistent with the South Carolina Business Corporation Act.
(D) A mutual insurance holding company and subsidiaries or affiliates shall be subject to all applicable provisions of South Carolina's Insurance Holding Company Regulatory Act.
HISTORY: 1998 Act No. 413, Section 1.
Structure South Carolina Code of Laws
Chapter 19 - Domestic Mutual Insurers
Section 38-19-10. Membership in mutual insurer.
Section 38-19-20. Contract shall stipulate membership of contract holder.
Section 38-19-40. Notice of annual meetings.
Section 38-19-50. Use of proxies.
Section 38-19-410. Contingent liability of members.
Section 38-19-420. Contingent liability is not an asset of the insurer.
Section 38-19-430. Validity of guaranty against liability.
Section 38-19-440. Assessments for deficiencies.
Section 38-19-450. Computation of individual assessments.
Section 38-19-460. Enforcement of contingent liability on assessment premium plan.
Section 38-19-470. Nonassessable policies.
Section 38-19-480. Nonassessable plan applies to all policies.
Section 38-19-490. Revocation of authority to issue nonassessable policies.
Section 38-19-610. Borrowed surplus.
Section 38-19-630. Repayment of loans.
Section 38-19-640. Repayment of more than one loan or by multiple agreement.
Section 38-19-650. Director's approval required for repayment.
Section 38-19-660. Rights of holders of loan upon dissolution.
Section 38-19-815. Definitions.
Section 38-19-825. Transactions of a mutual insurer.
Section 38-19-1010. Fire and storm insurance; suits; seals.
Section 38-19-1020. Directors and officers; regulations.
Section 38-19-1030. Liability of members; property pledged; lien.
Section 38-19-1040. Extent of liability; release by transfer rights of purchaser.
Section 38-19-1050. Limit of amount insurance.
Section 38-19-1110. Authorization to reorganize.
Section 38-19-1130. Plan of reorganization; approval; contents.
Section 38-19-1140. Review of plan; costs; public hearing; order of approval or disapproval.
Section 38-19-1150. Policyholder meeting to vote on plan.
Section 38-19-1160. Filing articles of incorporation; issuance of certificate of authority.
Section 38-19-1170. Membership interest as security; transfer of interest.
Section 38-19-1190. Demutualization.
Section 38-19-1200. Confidentiality of information disclosed pursuant to application to reorganize.
Section 38-19-1230. Filing of annual statements; audit; notice of stock offering.
Section 38-19-1240. Time limitation for filing challenge to reorganization.