South Carolina Code of Laws
Chapter 90 - Captive Insurance Companies
Section 38-90-540. Payment of dividends.

(A) A SPFC may not declare or pay dividends in any form to its owners other than in accordance with the insurance securitization transaction agreements, and in no extent shall the dividends decrease the capital of the SPFC below two hundred fifty thousand dollars, and, after giving effect to the dividends, the assets of the SPFC, including assets held in trust pursuant to the terms of the insurance securitization, must be sufficient to satisfy the director that it can meet its obligations. Approval by the director of an ongoing plan for the payment of dividends or other distribution by a SPFC must be conditioned upon the retention, at the time of each payment, of capital or surplus equal to or in excess of amounts specified by, or determined in accordance with formulas approved for the SPFC by the director.
(B) The dividends may be declared by the management of the SPFC if the dividends do not violate the provisions of this article or jeopardize the fulfillment of the obligations of the SPFC or the trustee pursuant to the SPFC insurance securitization agreements, the SPFC contract, or any related transaction and other provisions of this article.
HISTORY: 2004 Act No. 291, Section 28, eff July 29, 2004.

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.