South Carolina Code of Laws
Chapter 90 - Captive Insurance Companies
Section 38-90-105. Loans.

Upon approval by the director, only a pure captive insurance company, a special purpose captive insurance company, or a sponsored captive insurance company may make loans to its parent company or affiliates evidenced by a note in a form acceptable to and approved by the director. Loans of minimum capital or surplus funds or a combination thereof required by Section 38-90-40 are prohibited.
HISTORY: 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 38 - Insurance

Chapter 90 - Captive Insurance Companies

Section 38-90-10. Definitions.

Section 38-90-20. Licensing; required information and documentation; fee; renewal.

Section 38-90-25. Reserved.

Section 38-90-30. Adoption of name.

Section 38-90-35. Discovery of confidential information in civil actions.

Section 38-90-40. Capitalization requirements.

Section 38-90-45. Reserved.

Section 38-90-50. Reserved.

Section 38-90-55. Reserved.

Section 38-90-60. Incorporation options and requirements.

Section 38-90-70. Reports.

Section 38-90-75. Discounting of loss and loss adjustment expense reserves.

Section 38-90-80. Inspections and examinations; confidentiality of reports; limitations applicable to branch captive insurance companies; application of general provisions.

Section 38-90-90. Suspension or revocation of license.

Section 38-90-100. Applicability of investment requirements.

Section 38-90-105. Loans.

Section 38-90-110. Reinsurance; effect on reserves.

Section 38-90-120. Requirement to join ratings organization.

Section 38-90-130. Participation in plan, pool, association, or guaranty or insolvency fund.

Section 38-90-140. Tax payment; rates; "common ownership and control" defined.

Section 38-90-145. Reserved.

Section 38-90-150. Rules, regulations, and orders.

Section 38-90-160. Application of provisions of title; director discretion; exemption of special purpose captive insurance companies.

Section 38-90-165. Declaration of inactivity.

Section 38-90-175. Captive Insurance Regulatory and Supervision Fund created; disbursements.

Section 38-90-180. Applicability of provisions relating to insurance reorganizations, receiverships, and injunctions; sponsored captive insurance company assets and capital provisions.

Section 30-90-185. Reserved.

Section 38-90-190. Reserved.

Section 38-90-200. Conversion of certain stock, mutual corporations, or limited liability companies into reciprocal insurers; plan for conversion.

Section 38-90-210. Formation of sponsored captive insurance company; establishing protected cells.

Section 38-90-215. Protected cells.

Section 38-90-220. Requirements applicable to sponsors.

Section 38-90-225. Participants in a sponsored captive insurance company.

Section 38-90-230. Protected cell assets; availability to creditors.

Section 38-90-235. Repealed by 2014 Act No. 282, Section 24, eff June 10, 2014.

Section 38-90-240. Reserved.

Section 38-90-250. Certificate of authority.

Section 38-90-410. Purpose.

Section 38-90-420. Definitions.

Section 38-90-430. Relation to other Title 38 provisions.

Section 38-90-440. License to transact business in State; contents of application; fees; foreign corporations.

Section 38-90-450. Organization requirements; privileges and restrictions.

Section 38-90-460. Capitalization.

Section 38-90-470. Authorized contracts.

Section 38-90-480. Protected cells.

Section 38-90-485. Effect of creation of protected cell; naming; management of assets.

Section 38-90-490. Issuance of securities.

Section 38-90-500. Swap agreements and other forms of asset management agreements.

Section 38-90-510. Authority to enter into contracts; contents.

Section 38-90-515. Securities issued by SPFC as insurance contract; underwriters or selling agents as insurance producers.

Section 38-90-520. Requirements and guidelines for asset management.

Section 38-90-530. Trust agreements for assets held in trust or pledged to secure obligations.

Section 38-90-540. Payment of dividends.

Section 38-90-550. Material changes of SPFC'S plan; filing of audit and statement of operations; examination of records.

Section 38-90-560. Examinations by director; confidentiality of examination reports.

Section 38-90-570. Expiration of authority granted by director on cessation of business; suspension or revocation of license; penalties; administrative hearing.

Section 38-90-580. Tax rates and payment schedules.

Section 38-90-590. Conditions for SPFC contract being granted credit for reinsurance treatment or otherwise qualifying as asset or reduction from liability for benefit of counterparty.

Section 38-90-600. Conservation, rehabilitation, or liquidation of SPFC.

Section 38-90-610. Disclosure of information by director.

Section 38-90-620. Standards and criteria applicable in contested case brought by third party and certain actions by director.

Section 38-90-630. Promulgation of regulations.

Section 38-90-810. Repealed.

Section 38-90-820. Repealed.

Section 38-90-830. Repealed.

Section 38-90-840. Repealed.

Section 38-90-850. Repealed.

Section 38-90-860. Repealed.

Section 38-90-870. Repealed.

Section 38-90-875. Repealed.

Section 38-90-880. Repealed.

Section 38-90-890. Repealed.