South Dakota Codified Laws
Chapter 46 - Captive Insurance Companies
Section 58-46-18 - Suspension or revocation of certificate of authority by director.

58-46-18. Suspension or revocation of certificate of authority by director.
The certificate of authority of a captive insurance company to do insurance business in this state may be suspended or revoked by the director for any of the following reasons:
(1)Insolvency or impairment of capital or surplus;
(2)Failure to meet the requirements of §58-46-8;
(3)Refusal or failure to submit an annual report, as required by §58-46-15, or any other report or statement required by law or by lawful order of the director;
(4)Failure to comply with the provisions of its own organizational documents or bylaws;
(5)Failure to submit to examination or any legal obligation relative thereto, as required by §58-46-17;
(6)Use of methods that, although not otherwise specifically prohibited by law, nevertheless render its operation detrimental or its condition unsound with respect to the public or to its policyholders;
(7)Failure otherwise to comply with the laws of this state.
If the director finds, upon examination, hearing, or other evidence, that any captive insurance company has violated any of these provisions, its certificate of authority may be suspended or revoked if it is deemed to be in the best interest of the public and the policyholders of such captive insurance company, notwithstanding any other provisions of this chapter.

Source: SL 1996, ch 287, §18; SL 2013, ch 257, §15.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 58 - Insurance

Chapter 46 - Captive Insurance Companies

Section 58-46-1 - Definition of terms.

Section 58-46-3 - Requirements for doing business.

Section 58-46-3.1 - Group, sponsored, or special purpose captive insurance company limit of exposure to loss.

Section 58-46-4 - Filing requirements.

Section 58-46-5 - Additional filing requirements.

Section 58-46-6 - Examination, investigation, and processing of application_Fees.

Section 58-46-7 - Issuance of certificate of authority.

Section 58-46-8 - Capital and surplus requirements.

Section 58-46-9 - Dividends and distributions.

Section 58-46-10 - Forms of incorporation.

Section 58-46-11 - Organizers.

Section 58-46-12 - Governing board.

Section 58-46-13 - Privileges--Applicable law.

Section 58-46-14 - Acquisitions, mergers and consolidation procedures.

Section 58-46-15 - Financial condition reporting--Independent audit.

Section 58-46-16 - Alternative reporting date.

Section 58-46-17 - Review of company financial condition--Compliance.

Section 58-46-18 - Suspension or revocation of certificate of authority by director.

Section 58-46-19 - Allowable investments--Restrictions.

Section 58-46-20 - Loan to parent or affiliated entity.

Section 58-46-21 - Ceding or taking credit for reserves.

Section 58-46-22 - Rating organization.

Section 58-46-23 - Contribution to plan, pool, association, or guaranty or insolvency fund prohibited.

Section 58-46-23.1 - Risk management services.

Section 58-46-23.2 - Prohibited insurance risks.

Section 58-46-24 - Annual supervision fee.

Section 58-46-25 - Application of chapter 58-29B.

Section 58-46-26 - Application of Title 58.

Section 58-46-27 - Sponsored captive insurance may establish protected cells--Conditions.

Section 58-46-28 - Sponsor of sponsored captive insurance company.

Section 58-46-29 - Participant in sponsored captive insurance company.

Section 58-46-30 - Combination of assets of protected cells for purposes of investment.

Section 58-46-31 - Form of application--Confidentiality of information.

Section 58-46-32 - Promulgation of rules.