South Carolina Code of Laws
Chapter 45 - Insurance Brokers And Surplus Lines Insurance
Section 38-45-190. Authority of director.

(A) For the purposes of carrying out the Nonadmitted and Reinsurance Reform Act of 2010, the director or his designee may enter into an agreement with a single state to facilitate the collection, allocation, and disbursement of premium taxes attributable to the placement of surplus lines insurance, provide for uniform methods of allocation and reporting among surplus lines insurance risk classifications, and share information among states relating to surplus lines insurance premium taxes. The General Assembly may approve, modify, or rescind any such agreement.
(B) The director or his designee is authorized to participate in a clearing house established through a multistate agreement approved by the General Assembly for the purpose of collecting and disbursing to reciprocal states any funds collected pursuant to subsection (A) applicable to properties, risks, or exposures located or to be performed outside of this State. To the extent that other states where portions of the properties, risks, or exposures reside have failed to enter into an agreement or reciprocal allocation procedure with this State, the net premium tax collected shall be retained by this State.
HISTORY: 2012 Act No. 283, Section 1, eff January 1, 2012.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 38 - Insurance

Chapter 45 - Insurance Brokers And Surplus Lines Insurance

Section 38-45-10. Definitions.

Section 38-45-20. Requirements for resident to be licensed as an insurance broker.

Section 38-45-30. Requirements for nonresident to be licensed as an insurance broker.

Section 38-45-35. Applicant's business and residence address required; notice of change of address required.

Section 38-45-40. Reciprocal agreements as to licensing nonresidents.

Section 38-45-50. Duration of broker's license; nonpayment of license fee.

Section 38-45-55. Revenue.

Section 38-45-60. Accounting of state portion of broker's premium tax rate payment collected; distribution from earmarked fund.

Section 38-45-70. Effect of broker's license; municipal license fees.

Section 38-45-80. Brokers to keep records of business done, furnish to director for inspection.

Section 38-45-90. Duties of brokers placing business with nonadmitted insurers; statements and reports; due diligence.

Section 38-45-100. Brokers may divide commissions.

Section 38-45-110. Warning stamped on policies of eligible surplus lines insurer.

Section 38-45-120. Personal liability of broker on policy of unlicensed insurer.

Section 38-45-130. Adjustment of losses; inspections and endorsements.

Section 38-45-140. Revocation of license of broker.

Section 38-45-150. Penalties.

Section 38-45-160. Brokers policy fees.

Section 38-45-170. Appointment of director as attorney for service of legal process, for eligible surplus lines insurers.

Section 38-45-180. Authority of department.

Section 38-45-190. Authority of director.

Section 38-45-195. Collecting taxes for all risks placed in surplus lines market.