58-3-5. Examination of agents, managers, and promoters.
For the purpose of ascertaining compliance with this title, the director may as often as the director deems advisable examine the accounts, records, documents, and transactions, pertaining to or affecting its insurance affairs or proposed insurance affairs, of:
(1)Any insurance producer, surplus line broker, or general agent;
(2)Any person having a contract under which the person enjoys in fact the exclusive or dominant right to manage or control an insurer;
(3)Any person holding the shares of voting stock or policyholder proxies of a domestic insurer, for the purpose of controlling the management thereof, as voting trustee or otherwise;
(4)Any person engaged in or proposing to be engaged in or assisting in the promotion or formation of a domestic insurer or insurance holding corporation, or corporation to finance a domestic insurer or the production of its business.
Source: SL 1966, ch 111, ch 2, §17; SL 2001, ch 286, §61.
Structure South Dakota Codified Laws
Chapter 03 - Examination Of Insurers And Insurance Producers
Section 58-3-1 - Examination of insurers--Scope.
Section 58-3-1.1 - Company defined.
Section 58-3-2 - Examination of alien insurer--Limited extent.
Section 58-3-3.1 - Examination assessment fee--Insurance examination fund established for proceeds.
Section 58-3-3.2 - Payments from insurance examination fund.
Section 58-3-5 - Examination of agents, managers, and promoters.
Section 58-3-6 - Place where examination conducted.
Section 58-3-7 - Information to be available--Cooperation of persons being examined.
Section 58-3-7.1 - Observance of guidelines and procedures by examiner.
Section 58-3-7.3 - Examination under oath--Authority of director or examiner.
Section 58-3-7.4 - Insurer's claim files subject to examination--File maintenance requirements.
Section 58-3-8 - Examination disclosing inadequate records--Correction of accounts.
Section 58-3-10 - Examination reports required.
Section 58-3-11 - Contents of examination reports.
Section 58-3-12.2 - Market conduct examination--Draft examination report.
Section 58-3-12.3 - Draft examination report not governed by §§ 58-3-10 to 58-3-18.
Section 58-3-12.4 - Confidentiality of draft examination report.
Section 58-3-13 - Filed examination report admissible in evidence.
Section 58-3-14 - Withholding of report from public inspection.
Section 58-3-15 - Expenses of examination paid by person examined.
Section 58-3-18 - Confidential investigative hearing--Inconsistencies in examination report.
Section 58-3-19 - Conducting hearing--Discovery.
Section 58-3-20 - Use of information discovered during examination for legal or regulatory action.
Section 58-3-23 - Preclusion of examiner--Grounds.
Section 58-3-25 - Implementation of examination report's recommendations.