58-7-34. Release of deposit on request of domestic insurer.
Upon the request of a domestic insurer, the director shall direct the depository or custodian to return to the insurer the whole or any portion of the assets and securities of the insurer held on deposit if the director is satisfied that the assets and securities to be returned are subject to no liability and are no longer required to be held by any provision of law or purposes of the original deposit. If the insurer has reinsured all its outstanding risks in another insurer or insurers authorized to transact insurance in this state and the insurer, by written notice, notifies the director that the assets and securities have been assigned, transferred and set over to the reinsuring insurer or insurers, the director shall require the depository or custodian to deliver the assets and securities to the insurer or insurers assuming the risks. The notice shall be accompanied by a duly verified copy of the assignment, transfer, or conveyance. In the case of deposits of the reserves of domestic life insurers, the insurers shall submit proof satisfactory to the director that the reinsurer has deposited or will deposit, and will maintain on deposit in public custody through the insurance supervisory official of its state of domicile, assets and securities of like quality in an amount not less than the reserves of the policies and contracts so reinsured, in addition to any other deposit of such insurer required or permitted by law. Unless the reinsurer is required to have on deposit all of its reserves, the insurer shall submit proof satisfactory to the director that the deposit of the reserves will be maintained by the state of its domicile for the special benefit and protection of the holders of the life insurance policies and annuity contracts so reinsured.
Source: SL 1966, ch 111, ch 7, §14 (2); SL 1991, ch 398, §16.
Structure South Dakota Codified Laws
Chapter 07 - Insurers' Deposits With State
Section 58-7-2 - Assets acceptable for deposit of reserves.
Section 58-7-3 - Credit of other deposit against reserve deposit.
Section 58-7-4 - Annual deposit of additional securities to cover increase of reserves.
Section 58-7-5 - Ineligibility for deposit of securities in default.
Section 58-7-6 - Authorized deposits of insurers.
Section 58-7-7 - Purpose of deposits.
Section 58-7-8 - Certificates of deposit--Eligible securities--Purpose of deposits.
Section 58-7-16 - Record by director of assets deposited.
Section 58-7-17 - Release of assigned security--Reassignment to insurer or other person.
Section 58-7-18 - Deposit of reserves in financial institutions.
Section 58-7-20 - Terms of depository or custodial arrangements for deposit of reserves.
Section 58-7-21 - Forms and terms of depository or custodial arrangement.
Section 58-7-22 - Compensation and expenses of depository or custodian borne by insurer.
Section 58-7-23 - Nonliability of director and state for safekeeping by custodian.
Section 58-7-24 - Custodial arrangements--Termination by director--New arrangements.
Section 58-7-25 - Effect of deposit in foreign state.
Section 58-7-26 - Sufficiency of deposit--Valuation of assets.
Section 58-7-28 - Appraisal or valuation of deposited assets or securities--Cost borne by insurer.
Section 58-7-30 - Right of insurer to deposited assets and securities during solvency.
Section 58-7-31 - Levy upon deposited assets and securities.
Section 58-7-32 - Deposits by foreign or alien insurers not subject to taxation.
Section 58-7-33 - Duration of deposit of assets and securities.
Section 58-7-34 - Release of deposit on request of domestic insurer.
Section 58-7-35 - Return of deposit of foreign insurer.
Section 58-7-36 - Return of deposit upon merger or consolidation of insurer.
Section 58-7-38 - Release of deposited assets--Terms--Nonliability of director acting in good faith.