South Carolina Code of Laws
Chapter 90 - Captive Insurance Companies
Section 38-90-165. Declaration of inactivity.

(A) The director may declare inactive by order a captive insurance company other than a risk retention group or association captive if such captive insurance company has no outstanding insurance liabilities and agrees to cease providing insurance coverage.
(B) During the period the captive insurance company is inactive, the director may by written approval:
(1) reduce the minimum free and unimpaired paid-in capital or surplus, or combination thereof, to no less than twenty-five thousand dollars;
(2) modify the minimum premium tax applicable to the captive insurance company to an amount no less than two thousand dollars and the captive insurance company shall pay no other premium taxes; and
(3) exempt the captive insurance company from the requirement to file such reports as set forth in the order.
HISTORY: 2014 Act No. 282 (S.909), Section 1, eff June 10, 2014; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.
Effect of Amendment
2018 Act No. 251, Section 1, in (A), substituted "outstanding insurance liabilities" for "outstanding liabilities"; and in (B), substituted "written approval" for "order" at the end, inserted (1) and redesignated (1) to (2) as (2) to (3).

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.