South Dakota Codified Laws
Chapter 46 - Captive Insurance Companies
Section 58-46-3 - Requirements for doing business.

58-46-3. Requirements for doing business.
No captive insurance company may do any insurance business in this state unless:
(1)It first obtains from the director a certificate of authority authorizing it to do insurance business in this state;
(2)Its governing board holds at least one meeting each year in this state in which a quorum is physically present;
(3)It maintains its principal place of business in this state and keeps at this place complete records of its assets, transactions, and affairs, in accordance with the methods and systems which are customary or suitable as to the kinds of insurance transacted. In lieu thereof or if required by the director, in the director's discretion, the captive insurance company shall appoint a captive manager approved by the director. The captive manager shall maintain the complete records required in this section. The captive manager shall make available all information to the director upon request; and
(4)It, and if applicable its captive manager, appoints a resident agent to accept service of process and to otherwise act on its behalf in this state. If the registered agent cannot, with reasonable diligence, be found at the registered office of the captive insurance company or captive manager, the director shall be an agent of the captive insurance company upon whom any process, notice, or demand may be served.

Source: SL 1996, ch 287, §3; SL 2009, ch 272, §3; SL 2013, ch 257, §2.

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.