58-6-75. Annual and quarterly statement of financial condition of insurer--Filing with director--Form and contents--Timeliness of filing.
Each domestic insurer and those domestic insurers subject to chapters 58-34, 58-37A, 58-38, 58-39, 58-40, and 58-41, and foreign insurers if required by the director, shall annually on or before March first, and quarterly on or before May fifteenth, August fifteenth, and November fifteenth, unless the time is extended by the director for good cause shown, file with the director a true statement of its financial condition, transactions, and affairs as of the December thirty-first preceding for an annual statement and as of March thirty-first, June thirtieth, and September thirtieth, for a quarterly statement. Any statement is to be in a form and content as is approved or adopted for current use by the National Association of Insurance Commissioners or its successor organization, for use as to the type of insurer and kinds of insurance to be reported upon. The director may require any additional information considered necessary to be supplied with the annual or quarterly statement. The statement of an alien insurer, if required by the director, shall be filed annually on or before September first and shall relate only to its transactions and affairs in the United States unless the director requires otherwise. Any annual and quarterly statement and amendments and addenda to any annual and quarterly statement and any interim statement or amendments thereto shall also be filed with the National Association of Insurance Commissioners. Any statement filed with the National Association of Insurance Commissioners shall also be submitted on diskette.
Any statement shall be prepared in accordance with the Annual Statement Instructions Manual and the Accounting Practices and Procedures Manual prescribed by the National Association of Insurance Commissioners as adopted by rule by the director pursuant to chapter 1-26. The director may also, by rule promulgated pursuant to chapter 1-26, establish additional practices and procedures the director considers necessary.
Unless the time for filing has been extended, an insurer shall pay a penalty of one hundred dollars per day for every day the statement is late, not to exceed twenty-five thousand dollars.
For purposes of this section only a statement with a postmark date of the due date or earlier is considered timely filed.
Source: SL 1966, ch 111, ch 3, §27; SL 1992, ch 342, §1; SL 1993, ch 97, §4; SL 1993, ch 357, §3; SL 1994, ch 375, §1; SL 1995, ch 276; SL 2001, ch 271, §1.
Structure South Dakota Codified Laws
Chapter 06 - Authority To Transact Insurance In State
Section 58-6-4 - Activities excepted from certificate of authority requirements.
Section 58-6-5 - Foreign insurer--Investments in state without a certificate of authority.
Section 58-6-6 - Eligibility of insurer for certificate of authority.
Section 58-6-10 - Governmentally owned insurers prohibited--Exceptions.
Section 58-6-14 - Use of deceptively similar name prohibited.
Section 58-6-15 - Use of deceptively similar name by life insurer prohibited for ten years.
Section 58-6-16 - Use of name deceptively similar to name of foreign insurer prohibited.
Section 58-6-18 - Prevention of confusing similarity of names by director.
Section 58-6-19 - Combination of insuring power of one insurer--Exception.
Section 58-6-20 - Life insurer--Kinds of business authorized, exception.
Section 58-6-21 - Reciprocal insurer--Transaction of life or title insurance prohibited.
Section 58-6-22 - Title insurer--Transaction of other insurance prohibited.
Section 58-6-23 - Paid-in capital and surplus requirements for certificate of authority.
Section 58-6-24 - Determination of capital and surplus requirements for certificate of authority.
Section 58-6-29 - Annuities--Granting by life insurer without additional capital or surplus.
Section 58-6-33 - Deposit by all insurers--Exceptions.
Section 58-6-36 - Deposit of title insurer--Amount required.
Section 58-6-37 - Deposit of title insurer as guaranty fund--Purpose.
Section 58-6-38 - Application for initial certificate of authority--Documents accompanying.
Section 58-6-39 - Service of process through director.
Section 58-6-41 - Kinds of insurance specified in certificate--Limitations within class.
Section 58-6-43 - Foreign insurer exempt from foreign corporation laws.
Section 58-6-44 - Refusal to renew or suspension or revocation of certificate, grounds.
Section 58-6-45 - Hearing required on refusal to issue, suspension or revocation of certificate.
Section 58-6-46 - Grounds for refusal to renew, suspension, or revocation of certificate.
Section 58-6-47 - Suspension or revocation of certificate after hearing, grounds.
Section 58-6-48 - Suspension of certificate on commencement of delinquency proceedings.
Section 58-6-52 - Duration of suspension of certificate of authority--Rescission or shortening.
Section 58-6-53 - Rights and obligations of insurer during suspension.
Section 58-6-57 - Failure to notify or continuation of business after notice as felony.
Section 58-6-59 - Liability of officers and directors of impaired insurers.
Section 58-6-61 - Suspension or revocation of authority of insurance producers--Notice by director.
Section 58-6-67 - Contract not invalidated by violation of countersignature requirements.
Section 58-6-69 - Report and payment of tax by surplus line brokers.
Section 58-6-70 - Retaliatory tax provisions--Exception.
Section 58-6-71 - Exemption from retaliatory tax provisions.
Section 58-6-72 - Domicile of alien insurer for retaliatory tax purposes.
Section 58-6-73 - Domicile of Canadian insurer for retaliatory tax purposes.
Section 58-6-76 - Summary of statement of financial condition of insurer--Publication by director.