58-4-48. Minimum levels of risk-based capital required--Administrative rules.
Any life and health and property and casualty insurer, and any insurer subject to chapters 58-37A, 58-38, 58-39, 58-40, and 58-41, domiciled in this state shall maintain minimum levels of risk-based capital to transact the business of insurance in this state. Each life and health and property and casualty domestic insurer, and any insurer subject to chapters 58-37A, 58-38, 58-39, 58-40, and 58-41, shall file with the director, on or before March first of each year, a report disclosing the insurer's level of risk-based capital. Any foreign life and health and property and casualty insurer, and any insurer subject to chapters 58-37A, 58-38, 58-39, 58-40, and 58-41, shall file a similar report upon the request of the director. The director of the Division of Insurance may promulgate rules, pursuant to chapter 1-26, regarding the filing of risk-based capital reports, the establishment of various minimum levels of risk-based capital requirements, the criteria and standards for which an insurer shall be required to submit a risk-based capital plan, the director's authority to revise or adopt the insurer's risk-based capital report or plan, the opportunity for hearing regarding the director's decision to revise an insurer's risk-based capital report or plan, the director's authority to require corrective actions, the confidentiality of risk-based capital reports and plans, and the exemption of certain insurers from the requirements of this section. The director may promulgate rules, pursuant to chapter 1-26, concerning the filing of risk-based capital reports to assist the director in the evaluation of the hazardous financial condition of an insurer pursuant to §58-4-39.
Source: SL 1996, ch 289; SL 2001, ch 269, §1.
Structure South Dakota Codified Laws
Chapter 04 - Enforcement Powers And Proceedings
Section 58-4-5 - Enforcement proceedings instituted by director.
Section 58-4-6 - Proceedings instituted by director--Legal representation.
Section 58-4-7 - Cease and desist order to prevent violations of title--Injunction.
Section 58-4-9 - Hearings by director--Purpose.
Section 58-4-15 - Orders and notices of director required to be in writing--Signature.
Section 58-4-16 - Order of director--Effective date--Contents.
Section 58-4-17 - Service of orders and notices of director.
Section 58-4-18 - Prosecution of action for enforcement of director's order.
Section 58-4-25 - Formal rules of pleading or evidence not observed at director's hearing.
Section 58-4-28.1 - Money penalty in lieu of license suspension or other action--Hearing.
Section 58-4-39 - Standards for determining hazardous financial condition.
Section 58-4-40 - Authority of director in determining insurer's financial condition.
Section 58-4-41 - Director's order to hazardous insurer.
Section 58-4-42 - Hearings on director's orders.
Section 58-4-43 - Application of hazardous insurer provisions.
Section 58-4-45 - Confidentiality of certain documents.
Section 58-4-46 - Liability for release of information.
Section 58-4-48 - Minimum levels of risk-based capital required--Administrative rules.
Section 58-4-49 - Disclosure of status, existence, or outcome of investigation or examination.
Section 58-4-50 - Definitions.
Section 58-4-51 - Confidentiality of list of premium taxpayers--Violation as misdemeanor.
Section 58-4-53 - Disclosure of premium tax return and information to taxpayer.