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Section 38-90-10. Definitions. - As used in this chapter, unless the context requires otherwise:...
Section 38-90-20. Licensing; required information and documentation; fee; renewal. - (A) A captive insurance company, when permitted by its articles...
Section 38-90-25. Reserved. - HISTORY: Former Section, titled Captive reinsurance companies, had the following...
Section 38-90-30. Adoption of name. - A captive insurance company may not adopt a name that...
Section 38-90-35. Discovery of confidential information in civil actions. - (A) Information submitted pursuant to the provisions of this chapter...
Section 38-90-40. Capitalization requirements. - (A)(1) The director may not issue a license to a...
Section 38-90-45. Reserved. - HISTORY: Former Section, titled Minimum capitalization or reserves, had the...
Section 38-90-50. Reserved. - HISTORY: Former Section, titled Free surplus requirements; restriction on payment...
Section 38-90-55. Reserved. - HISTORY: Former Section, titled Incorporation requirements, had the following history:...
Section 38-90-60. Incorporation options and requirements. - (A) A captive insurance company may be: (1) incorporated as...
Section 38-90-70. Reports. - (A) A captive insurance company may not be required to...
Section 38-90-75. Discounting of loss and loss adjustment expense reserves. - (A) A captive insurance company shall file annually an actuarial...
Section 38-90-80. Inspections and examinations; confidentiality of reports; limitations applicable to branch captive insurance companies; application of general provisions. - (A)(1) At least once every five years, and whenever the...
Section 38-90-90. Suspension or revocation of license. - (A) The license of a captive insurance company to conduct...
Section 38-90-100. Applicability of investment requirements. - (A) An association captive insurance company, an industrial insured captive...
Section 38-90-105. Loans. - Upon approval by the director, only a pure captive insurance...
Section 38-90-110. Reinsurance; effect on reserves. - (A) A captive insurance company may provide reinsurance, as authorized...
Section 38-90-120. Requirement to join ratings organization. - A captive insurance company may not be required to join...
Section 38-90-130. Participation in plan, pool, association, or guaranty or insolvency fund. - A captive insurance company, including a captive insurance company organized...
Section 38-90-140. Tax payment; rates; "common ownership and control" defined. - (A) A captive insurance company shall pay to the department...
Section 38-90-145. Reserved. - HISTORY: Former Section, titled Annual captive reinsurance tax, had the...
Section 38-90-150. Rules, regulations, and orders. - The director may promulgate and, from time to time, amend...
Section 38-90-160. Application of provisions of title; director discretion; exemption of special purpose captive insurance companies. - (A) No provisions of this title or regulations, other than...
Section 38-90-165. Declaration of inactivity. - (A) The director may declare inactive by order a captive...
Section 38-90-175. Captive Insurance Regulatory and Supervision Fund created; disbursements. - (A) There is created a fund to be known as...
Section 38-90-180. Applicability of provisions relating to insurance reorganizations, receiverships, and injunctions; sponsored captive insurance company assets and capital provisions. - (A) Except as otherwise provided in this section, the terms...
Section 30-90-185. Reserved. - HISTORY: Former Section, titled Management of assets of captive reinsurance...
Section 38-90-190. Reserved. - HISTORY: Former Section, titled Regulations establishing standards to ensure risk...
Section 38-90-200. Conversion of certain stock, mutual corporations, or limited liability companies into reciprocal insurers; plan for conversion. - (A) An association captive insurance company or industrial insured group...
Section 38-90-210. Formation of sponsored captive insurance company; establishing protected cells. - (A) One or more sponsors may form a sponsored captive...
Section 38-90-215. Protected cells. - (A) A protected cell may be either unincorporated or incorporated....
Section 38-90-220. Requirements applicable to sponsors. - (A) The sponsored captive insurance company shall attribute all insurance...
Section 38-90-225. Participants in a sponsored captive insurance company. - (A) The following may be participants in a sponsored captive...
Section 38-90-230. Protected cell assets; availability to creditors. - (A) Protected cell assets are only available to the creditors...
Section 38-90-235. Repealed by 2014 Act No. 282, Section 24, eff June 10, 2014. - Editor's Note Former Section 38-90-235 was titled Terms and conditions...
Section 38-90-240. Reserved. - HISTORY: Former Section, titled Eligibility of licensed captive insurance companies...
Section 38-90-250. Certificate of authority. - A licensed captive insurance company that meets the necessary requirements...
Section 38-90-410. Purpose. - This article provides for the creation of Special Purpose Financial...
Section 38-90-420. Definitions. - For purposes of this article: (1) "Administrative Law Court" means...
Section 38-90-430. Relation to other Title 38 provisions. - (A) No provisions of Title 38, other than those specifically...
Section 38-90-440. License to transact business in State; contents of application; fees; foreign corporations. - (A) A SPFC, when permitted by its organizational documents, may...
Section 38-90-450. Organization requirements; privileges and restrictions. - (A) A SPFC may be established as a stock corporation,...
Section 38-90-460. Capitalization. - (A) A SPFC initially shall possess and after that maintain...
Section 38-90-470. Authorized contracts. - (A) A SPFC may insure only the risks of a...
Section 38-90-480. Protected cells. - (A) This section and Section 38-90-485 provide a basis for...
Section 38-90-485. Effect of creation of protected cell; naming; management of assets. - (A)(1) The creation of a protected cell does not create,...
Section 38-90-490. Issuance of securities. - (A) A SPFC may issue securities, including surplus notes and...
Section 38-90-500. Swap agreements and other forms of asset management agreements. - A SPFC may enter into swap agreements, or other forms...
Section 38-90-510. Authority to enter into contracts; contents. - (A) A SPFC, at any given time, may enter into...
Section 38-90-515. Securities issued by SPFC as insurance contract; underwriters or selling agents as insurance producers. - Securities issued by a SPFC pursuant to an insurance securitization...
Section 38-90-520. Requirements and guidelines for asset management. - In fulfilling its function, the SPFC shall adhere to the...
Section 38-90-530. Trust agreements for assets held in trust or pledged to secure obligations. - (A) Assets of the SPFC held in trust to secure...
Section 38-90-540. Payment of dividends. - (A) A SPFC may not declare or pay dividends in...
Section 38-90-550. Material changes of SPFC'S plan; filing of audit and statement of operations; examination of records. - (A) Any material change of the SPFC's plan of operation...
Section 38-90-560. Examinations by director; confidentiality of examination reports. - (A) At least once every five years, and whenever the...
Section 38-90-570. Expiration of authority granted by director on cessation of business; suspension or revocation of license; penalties; administrative hearing. - (A) At the cessation of business of a SPFC following...
Section 38-90-580. Tax rates and payment schedules. - (A) A SPFC shall pay to the department by March...
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. - A SPFC contract meeting the provisions of this article must...
Section 38-90-600. Conservation, rehabilitation, or liquidation of SPFC. - (A) Except as otherwise modified in this section, the terms...
Section 38-90-610. Disclosure of information by director. - Information submitted pursuant to the provisions of this article is...
Section 38-90-620. Standards and criteria applicable in contested case brought by third party and certain actions by director. - (A) A contested case brought by a third party based...
Section 38-90-630. Promulgation of regulations. - The director may promulgate regulations necessary to effectuate the purposes...
Section 38-90-810. Repealed. - HISTORY: Former Section, titled Citation of article, had the following...
Section 38-90-820. Repealed. - HISTORY: Former Section, titled Definitions, had the following history: 2007...
Section 38-90-830. Repealed. - HISTORY: Former Section, titled Exemptions; powers and duties, had the...
Section 38-90-840. Repealed. - HISTORY: Former Section, titled Capitalization requirements, had the following history:...
Section 38-90-850. Repealed. - HISTORY: Former Section, titled Surplus requirements, had the following history:...
Section 38-90-860. Repealed. - HISTORY: Former Section, titled Discretion of director as to form...
Section 38-90-870. Repealed. - HISTORY: Former Section, titled Exemption from provisions deemed inappropriate, had...
Section 38-90-875. Repealed. - HISTORY: Former Section, titled Confidentiality of reports, had the following...
Section 38-90-880. Repealed. - HISTORY: Former Section, titled Notice included with application form for...
Section 38-90-890. Repealed. - HISTORY: Former Section, titled Requirements for issuance of license, had...