58-6-9. Continuance of authorization of prior authorized mutual and stock insurers--Participating policyholders--Quorum--Proxies--Issuance of nonvoting participating policies.
Any mutual and stock insurer authorized on July 1, 1966, to transact insurance in this state shall be eligible to continue such authorization if otherwise in compliance with this title and its charter provisions. As to any such domestic insurer, each holder of a policy of insurance who is entitled to participate in profits and savings, shall be entitled to participate and vote at all meetings of stockholders and to cast the same number of votes which he was entitled to cast under the articles of incorporation and bylaws of such insurer on July 1, 1966. At all such meetings, to constitute a quorum of such participating policyholders, there shall be present in person or by proxy at least ten percent of the total of such participating policyholders. Solicitation of proxies from such participating policyholders shall be subject to the same regulations and restrictions as apply to a domestic mutual insurer. Except as hereinbefore otherwise provided, such an insurer shall in all respects be subject to all laws regulating stock companies.
Any mutual and stock company authorized and doing business pursuant to this section may issue nonvoting participating policies. The issuance of such nonvoting participating policies may not affect the voting rights of holders of participating policies issued by a mutual and stock company pursuant to the first paragraph of this section.
Source: SL 1966, ch 111, ch 3, ยง4 (3); SL 1981, ch 358.
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.