58-5A-21. Form and contents of registration statement.
Each insurer subject to registration pursuant to §58-5A-20 shall file a registration statement with the director on a form and in the format provided by the division, which contains current information about:
(1)The capital structure, general financial condition, ownership, and management of the insurer and any person controlling the insurer;
(2)The following agreements in force and transactions currently outstanding between the insurer and its affiliates:
(a)Loans, or other investments, or purchases, sales or exchanges of securities of the affiliate by the insurer or of the insurer by its affiliates;
(b)Purchases, sales, or exchanges of assets;
(c)Transactions not in the ordinary course of business;
(d)Guarantees or undertakings for the benefit of an affiliate which result in an actual contingent exposure of the insurer's assets to liability, other than insurance contracts entered into in the ordinary course of the insurer's business;
(e)All management and service contracts and all cost sharing arrangements;
(f)Dividends and other distributions to shareholders; and
(g)Consolidated tax allocation agreements;
(3)Other matters concerning transactions between a registered insurer and any affiliate as may be required by the director;
(4)The identity and relationship of each member of the insurance holding company system;
(5)Any pledge of the insurer's stock, including stock of any subsidiary of or controlling affiliate, for a loan made to any member of the insurance holding company system;
(6)The financial statement of or within an insurance holding company system, including each affiliate. The financial statement may include the annual audited financial statement filed with the U.S. Securities and Exchange Commission (SEC) pursuant to the Securities Act of 1933, as of January 1, 2015, or the Securities Exchange Act of 1934, as of January 1, 2015. An insurer required to file a financial statement pursuant to this section shall satisfy the requirements by providing the director with the most recently filed parent corporation financial statements that have been filed with the SEC;
(7)A statement that the insurer's board of directors oversees corporate governance and internal controls and that the insurer's officers or senior management have approved, implemented, and continue to maintain and monitor corporate governance and internal control procedures; and
(8)Any other information required by the director pursuant to law or rule.
All registration statements shall contain a summary outlining all items in the current registration statement representing changes from the prior registration statement.
Source: SL 1972, ch 267, §15; SL 1992, ch 341, §16; SL 2015, ch 246, §7.
Structure South Dakota Codified Laws
Chapter 05A - Insurance Holding Companies
Section 58-5A-1 - Definitions.
Section 58-5A-2 - "Domestic insurer" defined.
Section 58-5A-4 - Contents of information statement--Violation as misdemeanor.
Section 58-5A-7 - Amendment of information statement--Violation as misdemeanor.
Section 58-5A-8 - Federal or state registration statements utilized in furnishing information.
Section 58-5A-9 - Approval by director of acquisition or merger--Grounds for disapproval.
Section 58-5A-9.1 - Disapproval of dividends or distributions for violation--Order of supervision.
Section 58-5A-10 - Time of hearing--Notice.
Section 58-5A-10.1 - Request for public hearing on consolidated basis.
Section 58-5A-11 - Procedure at hearing--Evidence admissible.
Section 58-5A-12 - Time for director's determination after hearing.
Section 58-5A-15 - Mergers and consolidations exempt from information and approval requirements.
Section 58-5A-18 - Acquisition, divestiture, or merger without approval as misdemeanor.
Section 58-5A-21 - Form and contents of registration statement.
Section 58-5A-22 - Initial and annual registration fees.
Section 58-5A-23 - Disclosure of immaterial information not required.
Section 58-5A-24 - Report of changes required of registered insurer.
Section 58-5A-25 - Termination of registration.
Section 58-5A-26 - Consolidated registration statement or report by affiliated insurers.
Section 58-5A-27 - Registration by insurer on behalf of affiliated insurer.
Section 58-5A-28 - Insurer exempt from registration requirements on order of director.
Section 58-5A-29 - Disclaimer of affiliation--Contents--Procedure on disallowance.
Section 58-5A-29.1 - Annual enterprise risk report.
Section 58-5A-31 - Registration requirements satisfied by duplicate copies of federal filings.
Section 58-5A-34 - Adequacy of insurer's surplus--Factors considered.
Section 58-5A-35 - Notice to director of extraordinary distribution--Approval by director.
Section 58-5A-36 - Application for approval of extraordinary distribution--Contents.
Section 58-5A-37 - Examination of insurers and affiliates.
Section 58-5A-38 - Grounds for director's examination.
Section 58-5A-38.1 - Production of records, books, and other information.
Section 58-5A-38.2 - Examination of registered insurer's affiliates to obtain information.
Section 58-5A-39 - Personnel employed by department for conduct of examination.
Section 58-5A-40 - Insurer to pay expense of examination.
Section 58-5A-41.2 - Certain sharing of confidential information permitted.
Section 58-5A-41.3 - Agreements regarding sharing of confidential information.
Section 58-5A-41.4 - Information in possession or control of NAIC confidential.
Section 58-5A-41.5 - Confidentiality not waived by disclosure of information.
Section 58-5A-43 - Acquisition of subsidiaries--Limitations.
Section 58-5A-44 - Disposition of investment in subsidiary upon cessation of control--Waiver.
Section 58-5A-45 - Pre-acquisition notification--"Person" defined.
Section 58-5A-46 - "Acquisition" and "Involved insurer" defined--Limited application.
Section 58-5A-47 - Application of §§ 58-5A-46 to 58-5A-53--Exceptions.
Section 58-5A-48 - Pre-acquisition notification--Contents--Waiting period.
Section 58-5A-50 - Acquisitions subject to order under § 58-5A-69.
Section 58-5A-51 - Plan for limiting anticompetitive impact of acquisition--Time limit.
Section 58-5A-52 - Fine, suspension, or revocation for violation of cease and desist order.
Section 58-5A-53 - Failure to comply with filing requirements--Fine.
Section 58-5A-54 - Report of dividends and distributions to shareholders--Time limit.
Section 58-5A-56 - Notification to director of certain transactions required.
Section 58-5A-57 - Transactions entered into to avoid director's review prohibited.
Section 58-5A-58 - Considerations in decision to approve or disapprove transactions.
Section 58-5A-59 - Notification to director of certain investments into one corporation.
Section 58-5A-62 - Violations by officers subject to fine--Determining amount of fine.
Section 58-5A-64 - Criminal proceedings for violation committed knowingly--Fine.
Section 58-5A-65 - False statements, reports, or filings as felony.
Section 58-5A-67 - Suspension, revocation, or refusal to renew license for violation.
Section 58-5A-68 - Stay of director's action upon appeal to circuit court.
Section 58-5A-70 - Promulgation of rules by director.
Section 58-5A-71 - Application of §§ 58-5A-60 and 58-5A-61.
Section 58-5A-72 - Ownership situs of voting securities.
Section 58-5A-73 - Additional investments by domestic insurer.
Section 58-5A-74 - Determining whether investments meet applicable requirements.
Section 58-5A-75 - Investments subject to chapter 58-27.
Section 58-5A-76 - Application to insurer not a member of same holding company.
Section 58-5A-78 - Director's participation in supervisory college to determine insurer compliance.
Section 58-5A-79 - Expenses of director's participation in supervisory college.
Section 58-5A-80 - Director's participation in supervisory college with other regulators.
Section 58-5A-80.1 - Internationally active insurance group--Supervision.
Section 58-5A-80.2 - International active insurance group--Group-wide supervisor determination.
Section 58-5A-80.3 - Internationally active insurance group--Group-wide supervisor acknowledgment.
Section 58-5A-80.4 - Group-wide supervisor--Information for determination.
Section 58-5A-80.5 - Group-wide supervisor--Director supervision--Permitted activities.
Section 58-5A-80.6 - Group-wide supervisor--Director cooperation.
Section 58-5A-80.7 - Information sharing.
Section 58-5A-80.8 - Promulgation of rules.
Section 58-5A-80.9 - Reasonable expenses.
Section 58-5A-81 - Maintenance of risk management framework.
Section 58-5A-82 - Regular conduct of ORSA.
Section 58-5A-83 - Submission of ORSA summary report or comparable reports to division.
Section 58-5A-84 - ORSA summary report requirements.
Section 58-5A-85 - Exemption from requirements.
Section 58-5A-86 - Requirements where insurer or insurer's group does not qualify for exemption.
Section 58-5A-87 - Insurer's application for waiver.
Section 58-5A-90 - Confidentiality of information submitted to division.
Section 58-5A-91 - Powers and duties of director regarding ORSA.
Section 58-5A-92 - Sharing of information and documents by director--Confidentiality.