58-46-8. Capital and surplus requirements.
No captive insurance company, other than a trust captive insurance company, may be issued a certificate of authority unless it possesses and maintains unimpaired paid-in capital and surplus of two hundred fifty thousand dollars. A sponsored captive may include the capital and surplus of its protected cells in calculating its capital and surplus. No trust captive insurance company may be issued a certificate of authority unless it possesses and maintains unimpaired paid-in capital and surplus of one hundred thousand dollars or a greater amount of which shall be determined at the discretion of the director.
The initial capital and surplus may be in the form of cash or an irrevocable letter of credit issued by a bank chartered by the State of South Dakota or a member bank of the Federal Reserve System and approved by the director. The director may prescribe additional capital and surplus for any captive insurance company based upon the type, volume, and nature of insurance business transacted.
Source: SL 1996, ch 287, §8; SL 2009, ch 272, §4; SL 2013, ch 257, §7.
Structure South Dakota Codified Laws
Chapter 46 - Captive Insurance Companies
Section 58-46-1 - Definition of terms.
Section 58-46-3 - Requirements for doing business.
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 58-46-23.1 - 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.