reglab/housing_qa huggingface dataset:
SC Code § 38-89-170 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 89 - Day Care Joint Underwriting Association|Section 38-89-170. Appeal to commission.

 An applicant for insurance through the association, a person insured pursuant to this chapter, or his representative, or an insurer adversely affected, or claiming to be adversely affected, by a ruling, action, or decision by or on behalf of the association, may appeal to the director or his designee within thirty days after the ruling, action, or decision.  HISTORY: 1989 Act No. 189, Part II, Section 43 sub 31; 1993 Act No. 181, Section 845.
SC Code § 38-89-180 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 89 - Day Care Joint Underwriting Association|Section 38-89-180. Statement to be filed by association.

 The association shall file in the office of the Department of Insurance annually by March first a statement containing information with respect to its transactions, condition, operations, and affairs during the preceding year. The statement must contain information prescribed by the director or his designee and must be in the form he directs.  The director or his designee, at any reasonable time, may require the association to furnish additional information concerning its transactions, condition, or any matter connected therewith considered to be material and of assistance in evaluating the scope, operations, and experience of the association.  HISTORY: 1989 Act No. 189, Part II, Section 43 sub 32; 1993 Act No. 181, Section 845.
SC Code § 38-89-190 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 89 - Day Care Joint Underwriting Association|Section 38-89-190. Examination of financial condition; annual report.

 The director or his designee shall make an examination into the financial condition and affairs of the association at least annually and shall file a report thereon with the department, the Governor, and the General Assembly. The expenses of the examination must be paid by the association.  HISTORY: 1989 Act No. 189, Part II, Section 43 sub 33; 1993 Act No. 181, Section 845.
SC Code § 38-90-25 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-25. Reserved.

 HISTORY: Former Section, titled Captive reinsurance companies, had the following history: 2001 Act No. 58, Section 1, eff May 29, 2001; 2004 Act No. 291, Section 19, eff July 29, 2004. Reserved by 2018 Act No. 251, Section 1, eff May 18, 2018.
SC Code § 38-90-30 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-30. Adoption of name.

 A captive insurance company may not adopt a name that is the same as, deceptively similar to, or likely to be confused with or mistaken for any other existing business name registered in this State.  HISTORY: 2000 Act No. 331, Section 1; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.  Effect of Amendment  2018 Act No. 251, Section 1, reenacted the section with no apparent change.
SC Code § 38-90-35 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-35. Discovery of confidential information in civil actions.

 (A) Information submitted pursuant to the provisions of this chapter is confidential and may not be made public by the director or an agent or employee of the director without the written consent of the company, except that information may be discoverable by a party in a civil action or contested case to which the submitting captive insurance company is a party, upon a showing by the party seeking to discover the information that:  (1) the information sought is relevant to and necessary for the furtherance of the action or case and the information sought is unavailable from other nonconfidential sources; or  (2) a subpoena applicable to the information is issued by a judicial or administrative law officer of competent jurisdiction has been submitted to the director.  (B) The director may disclose the information to the public officer having jurisdiction over the regulation of insurance in another state if:  (1) the public official agrees in writing to maintain the confidentiality of the information; and  (2) the laws of the state in which the public official serves require the information to be confidential.  HISTORY: 2004 Act No. 291, Section 13, eff July 29, 2004; 2014 Act No. 282 (S.909), Section 6, eff June 10, 2014; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.  Effect of Amendment  2014 Act No. 282, Section 6, rewrote the section.  2018 Act No. 251, Section 1, reenacted the section with no apparent change.
SC Code § 38-90-45 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-45. Reserved.

 HISTORY: Former Section, titled Minimum capitalization or reserves, had the following history: 2001 Act No. 58, Section 2, eff May 29, 2001; 2010 Act No. 217, Section 8, eff June 7, 2010. Reserved by 2018 Act No. 251, Section 1, eff May 18, 2018.
SC Code § 38-90-50 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-50. Reserved.

 HISTORY: Former Section, titled Free surplus requirements; restriction on payment of dividends, had the following history: 2000 Act No. 331, Section 1; 2002 Act No. 188, Section 5, eff March 12, 2002; 2003 Act No. 73, Section 24.D, eff June 25, 2003; 2004 Act No. 291, Section 21, eff July 29, 2004; 2006 Act No. 332, Section 16, eff June 1, 2006; 2010 Act No. 217, Section 9, eff June 7, 2010; 2014 Act No. 282 (S.909), Section 8, eff June 10, 2014. Reserved by 2018 Act No. 251, Section 1, eff May 18, 2018.
SC Code § 38-90-55 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-55. Reserved.

 HISTORY: Former Section, titled Incorporation requirements, had the following history: 2001 Act No. 58, Section 3, eff May 29, 2001; 2009 Act No. 28, Section 4, eff June 2, 2009; 2014 Act No. 282 (S.909), Section 9, eff June 10, 2014. Reserved by 2018 Act No. 251, Section 1, eff May 18, 2018.
SC Code § 38-90-75 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-75. Discounting of loss and loss adjustment expense reserves.

 (A) A captive insurance company shall file annually an actuarial opinion on loss and loss adjustment expense reserves provided by an independent actuary. The actuary may not be an employee of the captive company or its affiliates.  (B) A captive insurance company may discount its loss and loss adjustment expense reserves with prior written approval by the director.  (C) The director may disallow the discounting of loss and loss adjustment expense reserves if a captive insurance company violates a provision of this title.  HISTORY: 2001 Act No. 58, Section 4, eff May 29, 2000; 2009 Act No. 28, Section 7, eff June 2, 2009; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.  Effect of Amendment  2018 Act No. 251, Section 1, redesignated former (A) as (B) and former (B) as (A), and in (B), deleted "or his designee" from the end.
SC Code § 38-90-90 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-90. Suspension or revocation of license.

 (A) The license of a captive insurance company to conduct an insurance business in this State may be suspended or revoked by the director for:  (1) insolvency or impairment of capital or surplus;  (2) failure to meet the requirements of Section 38-90-40;  (3) refusal or failure to submit an annual report, as required by Section 38-90-70, or any other report or statement required by law or by lawful order of the director;  (4) failure to comply with its own charter, bylaws, or other organizational document;  (5) failure to submit to examination or any legal obligation relative to an examination, as required by Section 38-90-80;  (6) refusal or failure to pay the cost of examination as required by Section 38-90-80;  (7) use of methods that, although not otherwise specifically prohibited by law, nevertheless render its operation detrimental or its condition unsound with respect to the public or to its policyholders; or  (8) failure otherwise to comply with laws of this State.  (B) If the director finds, upon examination, hearing, or other evidence, that a captive insurance company has committed any of the acts specified in subsection (A) of this section, the director may suspend or revoke such license if the director considers it in the best interest of the public and the policy holders of the captive insurance company, notwithstanding any other provision of this title.  (C) In lieu of suspending or revoking the license of a captive insurance company, the director may impose fines as provided for in Section 38-2-10.  HISTORY: 2000 Act No. 331, Section 1; 2009 Act No. 28, Section 9, eff June 2, 2009; 2014 Act No. 282 (S.909), Section 13, eff June 10, 2014; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.  Effect of Amendment  2014 Act No. 282, Section 13, in subsection (C), substituted "In lieu of" for "Instead of".  2018 Act No. 251, Section 1, in (A)(2), deleted "or 38-90-50" following "Section 38-90-40".
SC Code § 38-90-100 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-100. Applicability of investment requirements.

 (A) An association captive insurance company, an industrial insured captive insurance company, and a risk retention group shall comply with the investment requirements contained in this title. Notwithstanding any other provision of this title, the director may approve the use of alternative reliable methods of valuation and rating.  (B) A pure captive insurance company, a special purpose captive insurance company, other than a risk retention group formed as a special purpose captive insurance company, and a sponsored captive insurance company are not subject to any restrictions on allowable investments contained in this title; however, the director may request a written investment plan and may prohibit or limit an investment that threatens the solvency or liquidity of the company.  HISTORY: 2000 Act No. 331, Section 1; 2001 Act No. 58, Section 10, eff May 29, 2001; 2002 Act No. 228, Section 14, eff May 1, 2002; 2006 Act No. 332, Section 17, eff June 1, 2006; 2014 Act No. 282 (S.909), Section 14, eff June 10, 2014; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.  Effect of Amendment  2014 Act No. 282, Section 14, in subsection (A), substituted "An association captive insurance company, an industrial insured captive insurance company insuring the risks of an industrial insured group, and a captive insurance company formed as a risk retention group" for "An association captive insurance company and an industrial insured captive insurance company insuring the risks of an industrial insured group"; in subsection (B), inserted "other than a special purpose captive insurance company formed as a risk retention group,"; and in subsection (C), inserted "or a sponsored captive insurance company", and substituted "only by order of the director" for "only upon the prior written approval of the director".  2018 Act No. 251, Section 1, in (A), in the first sentence, deleted "insuring the risks of an industrial insured group, and a captive insurance company formed as a" following "an industrial insured captive insurance company"; in (B), deleted ", a captive reinsurance company" following "A pure captive insurance company" and substituted ""other than a risk retention group formed as a special purpose captive insurance company" for "other than a special purpose captive insurance company formed as a risk retention group"; and deleted (C), which related to a pure captive insurance company or a sponsored captive insurance company making loans to its parent company or affiliates.
SC Code § 38-90-105 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-105. Loans.

 Upon approval by the director, only a pure captive insurance company, a special purpose captive insurance company, or a sponsored captive insurance company may make loans to its parent company or affiliates evidenced by a note in a form acceptable to and approved by the director. Loans of minimum capital or surplus funds or a combination thereof required by Section 38-90-40 are prohibited.  HISTORY: 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.
SC Code § 38-90-110 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-110. Reinsurance; effect on reserves.

 (A) A captive insurance company may provide reinsurance, as authorized in this title, on risks ceded by any other insurer.  (B)(1) A captive insurance company may take credit for reserves on risks or portions of risks ceded to reinsurers complying with the provisions of Sections 38-9-200, 38-9-210, and 38-9-220.  (2) An industrial insured captive insurance company or a captive insurance company formed as a risk retention group may not take credit for reserves on risks or portions of risks ceded to a reinsurer if the reinsurer is not in compliance with Sections 38-9-200, 38-9-210, and 38-9-220.  (3) All other captive insurance companies may not take credit for reserves on risks or portions of risks ceded to a reinsurer if the reinsurer is not in compliance with Sections 38-9-200, 38-9-210, and 38-9-220, unless specific approval has been granted for this credit or the reinsurer by approval of the director, or the captive insurance company is participating in a risk pool for the purpose of risk sharing, as approved by the director.  HISTORY: 2000 Act No. 331, Section 1; 2007 Act No. 86, Section 1, eff June 14, 2007; 2014 Act No. 282 (S.909), Section 15, eff June 10, 2014; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.  Effect of Amendment  2014 Act No. 282, Section 15, in subsection (B)(2), inserted "or a captive insurance company formed as a risk retention group".  2018 Act No. 251, Section 1, in (B)(3), substituted "approval of the director, or the captive insurance company is participating in a risk pool for the purpose of risk sharing, as approved by the director" for "order of the director" at the end.
SC Code § 38-90-120 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-120. Requirement to join ratings organization.

 A captive insurance company may not be required to join a rating organization.  HISTORY: 2000 Act No. 331, Section 1; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.  Effect of Amendment  2018 Act No. 251, Section 1, reenacted the section with no apparent changes.
SC Code § 38-90-130 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-130. Participation in plan, pool, association, or guaranty or insolvency fund.

 A captive insurance company, including a captive insurance company organized as a reciprocal insurer under this chapter, may not join or contribute financially to a plan, pool, association, or guaranty or insolvency fund in this State, and a captive insurance company, or its insured or its parent or any affiliated company or any member organization of its association, or in the case of a captive insurance company organized as a reciprocal insurer, a subscriber of the company, may not receive a benefit from a plan, pool, association, or guaranty or insolvency fund for claims arising out of the operations of such captive insurance company. Subject to the approval of the director, participation by a captive insurance company, including a pure captive insurance company, in a pool for the purpose of risk sharing is not prohibited under this section.  HISTORY: 2000 Act No. 331, Section 1; 2009 Act No. 28, Section 10, eff June 2, 2009; 2014 Act No. 282 (S.909), Section 16, eff June 10, 2014; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.  Effect of Amendment  2014 Act No. 282, Section 16, inserted "by a captive insurance company, including a pure captive insurance company," in the second sentence, and added the third sentence.  2018 Act No. 251, Section 1, in the second sentence, substituted "approval of the director" for "prior written approval of the director or his designee" and deleted "commercial" following "for the purpose of", and deleted the third sentence, which related to the writing of third-party risk by a captive insurance company outside or a commercial risk sharing agreement.
SC Code § 38-90-145 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-145. Reserved.

 HISTORY: Former Section, titled Annual captive reinsurance tax, had the following history: 2001 Act No. 58, Section 5, eff May 29, 2001. Reserved by 2018 Act No. 251, Section 1, eff May 18, 2018.
SC Code § 38-90-150 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-150. Rules, regulations, and orders.

 The director may promulgate and, from time to time, amend rules and regulations and issue orders or written approvals relating to captive insurance companies as are necessary to enable the director to carry out the provisions of this chapter.  HISTORY: 2000 Act No. 331, Section 1; 2001 Act No. 58, Section 11, eff May 29, 2001; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.  Effect of Amendment  2018 Act No. 251, Section 1, inserted "or written approvals" following "and issue orders".
SC Code § 38-90-165 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-165. Declaration of inactivity.

 (A) The director may declare inactive by order a captive insurance company other than a risk retention group or association captive if such captive insurance company has no outstanding insurance liabilities and agrees to cease providing insurance coverage.  (B) During the period the captive insurance company is inactive, the director may by written approval:  (1) reduce the minimum free and unimpaired paid-in capital or surplus, or combination thereof, to no less than twenty-five thousand dollars;  (2) modify the minimum premium tax applicable to the captive insurance company to an amount no less than two thousand dollars and the captive insurance company shall pay no other premium taxes; and  (3) exempt the captive insurance company from the requirement to file such reports as set forth in the order.  HISTORY: 2014 Act No. 282 (S.909), Section 1, eff June 10, 2014; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.  Effect of Amendment  2018 Act No. 251, Section 1, in (A), substituted "outstanding insurance liabilities" for "outstanding liabilities"; and in (B), substituted "written approval" for "order" at the end, inserted (1) and redesignated (1) to (2) as (2) to (3).
SC Code § 38-90-175 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-175. Captive Insurance Regulatory and Supervision Fund created; disbursements.

 (A) There is created a fund to be known as the "Captive Insurance Regulatory and Supervision Fund" for the purpose of providing the financial means for the director to administer Chapter 87 and Chapter 90 of this title and for reasonable expenses incurred in promoting the captive insurance industry in the State. The transfer of twenty percent of the taxes collected by the department pursuant to Chapter 90 of this title, and all fees and assessments received by the department pursuant to the administration of this chapter must be credited to this fund. All fees received by the department from reinsurers who assume risk only from captive insurance companies, must be deposited into the Captive Insurance Regulatory and Supervision Fund. All fines and administrative penalties must be deposited directly into the general fund.  (B) All payments from the Captive Insurance Regulatory and Supervision Fund for the maintenance of staff and associated expenses including contractual services as necessary, shall be disbursed from the state treasury only upon warrants issued by the director, after receipt of proper documentation regarding services rendered and expenses incurred.  HISTORY: 2002 Act No. 188, Section 1, eff March 12, 2002; 2006 Act No. 332, Section 19, eff June 1, 2006; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.  Effect of Amendment  2018 Act No. 251, Section 1, reenacted the section with no apparent changes.
SC Code § 38-90-180 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-180. Applicability of provisions relating to insurance reorganizations, receiverships, and injunctions; sponsored captive insurance company assets and capital provisions.

 (A) Except as otherwise provided in this section, the terms and conditions set forth in Chapters 26 and 27 of this title pertaining to insurance reorganizations, receiverships, and injunctions apply in full to captive insurance companies formed or licensed under this chapter.  (B) In the case of a sponsored captive insurance company:  (1) the assets of the protected cell may not be used to pay expenses or claims other than those attributable to the protected cell; and  (2) its capital and surplus at all times must be available to pay expenses of or claims against the sponsored captive insurance company and may not be used to pay expenses or claims attributable to a protected cell.  (3) Notwithstanding another provision of law or regulation, upon an order of conservation, rehabilitation, or liquidation of a sponsored captive insurance company, the receiver shall deal with the sponsored captive insurance company's assets and liabilities, including protected cell assets and protected cell liabilities, pursuant to the requirements of this chapter.  HISTORY: 2000 Act No. 331, Section 1; 2001 Act No. 58, Section 12, eff May 29, 2001; 2001 Act No. 82, Section 33, eff July 20, 2001; 2004 Act No. 291, Section 26, eff July 29, 2004; 2009 Act No. 28, Section 11, eff June 2, 2009; 2014 Act No. 282 (S.909), Section 18, eff June 10, 2014; 2018 Act No. 251 (H.4675), Section 1, eff May 18, 2018.  Effect of Amendment  2014 Act No. 282, Section 18, added subsection (B)(3).  2018 Act No. 251, Section 1, reenacted the section with no apparent changes.
SC Code § 30-90-185 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 30-90-185. Reserved.

 HISTORY: Former Section, titled Management of assets of captive reinsurance company, had the following history: 2001 Act No. 58, Section 6, eff May 29, 2001. Reserved by 2018 Act No. 251, Section 1, eff May 18, 2018.
SC Code § 38-90-190 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-190. Reserved.

 HISTORY: Former Section, titled Regulations establishing standards to ensure risk management control by parent company; temporary pending promulgation of regulations, had the following history: 2000 Act No. 331, Section 1. Reserved by 2018 Act No. 251, Section 1, eff May 18, 2018.