reglab/housing_qa huggingface dataset:
KS Stat § 40-4205 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 42 - Prepaid Legal And Dental Service Plans|40-4205 Books and records, maintenance; examination; confidentiality.

40-4205. Books and records, maintenance; examination; confidentiality. For the duration of the written agreements referred to in K.S.A. 40-4202 and for five years thereafter, every prepaid service plan shall maintain at its principal administrative office adequate books and records of all transactions between the prepaid service plan and the providers and members thereof. Such books and records shall be maintained in accordance with prudent standards of insurance recordkeeping. The commissioner of insurance shall have access to such books and records for the purpose of examination, audit and inspection. Any information contained therein which is a trade secret under the uniform trade secrets act (K.S.A. 60-3320 et seq., and amendments thereto), including, but not limited to, the identity and addresses of members, shall be confidential, except that the commissioner may use such information in any proceedings instituted against a prepaid service plan.History: L. 1987, ch. 157, § 5; L. 2005, ch. 67, § 2; July 1.
KS Stat § 40-4206 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 42 - Prepaid Legal And Dental Service Plans|40-4206 Use of provider's name in advertising.

40-4206. Use of provider's name in advertising. A prepaid service plan may only use a provider's name in advertisements and promotional materials after obtaining the provider's approval.History: L. 1987, ch. 157, § 6; Jan. 1, 1988.
KS Stat § 40-4207 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 42 - Prepaid Legal And Dental Service Plans|40-4207 Membership fees; fiduciary responsibility of plan; deposit in bank account; records.

40-4207. Membership fees; fiduciary responsibility of plan; deposit in bank account; records. All membership fees collected by a prepaid service plan on behalf of members shall be held by the prepaid service plan in a fiduciary capacity and shall be deposited promptly after receipt in a bank account established and maintained by the prepaid service plan. The prepaid service plan shall maintain records clearly recording the deposits in and withdrawals from such account on behalf of or for each member. The prepaid service plan shall keep copies of all such records.History: L. 1987, ch. 157, § 7; Jan. 1, 1988.
KS Stat § 40-4208 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 42 - Prepaid Legal And Dental Service Plans|40-4208 Basis of compensation paid to plan.

40-4208. Basis of compensation paid to plan. The compensation paid to the prepaid service plan shall in no way be contingent on claim experience. This section shall not prevent the compensation of a prepaid service plan from being based on membership fees collected or number of claims paid or processed.History: L. 1987, ch. 157, § 8; Jan. 1, 1988.
KS Stat § 40-4209 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 42 - Prepaid Legal And Dental Service Plans|40-4209 Certificate of registration; application; filing fee; issuance or continuation, when.

40-4209. Certificate of registration; application; filing fee; issuance or continuation, when. (a) No person shall act as or hold such person out to be a prepaid service plan in this state unless such person holds a certificate of registration as a prepaid service plan issued by the commissioner of insurance. An application for such certificate may be made to the commissioner of insurance on a form prescribed by the commissioner and shall be accompanied by a filing fee of $100. The certificate of registration may be continued for successive annual periods by notifying the commissioner of such intent and paying an annual continuation fee of $50.(b) The certificate of registration shall be issued to or continued for a prepaid service plan by the commissioner of insurance unless the commissioner of insurance, after due notice and hearing, determines that the prepaid service plan is not competent, trustworthy, financially responsible or of good personal and business reputation, or has had a previous application for a certificate of registration denied for cause since the effective date of this act or within five years of the date of application, whichever is later.History: L. 1987, ch. 157, § 9; Jan. 1, 1988.
KS Stat § 40-4303 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 43 - Captive Insurance Companies|40-4303 Name of company.

40-4303. Name of company. The word "captive" shall be incorporated into the name of every captive insurance company organized under the laws of this state. No captive insurance company shall adopt a name that is the same, deceptively similar or likely to be confused with or mistaken for any other existing business name registered in the state of Kansas.History: L. 1988, ch. 156, § 3; L. 1990, ch. 177, § 2; L. 2018, ch. 50, § 38; July 1.
KS Stat § 40-4304 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 43 - Captive Insurance Companies|40-4304 Capital requirements.

40-4304. Capital requirements. (a) No captive insurance company shall be issued a certificate of authority unless it shall possess and thereafter maintain unimpaired paid-in capital and surplus of:(1) In the case of a pure captive insurance company, not less than $250,000; and(2) in the case of an association captive insurance company incorporated as a stock insurer, not less than $500,000.(b) Such capital may be in the form of cash or, upon approval of the commissioner, an irrevocable letter of credit issued by a bank chartered by the state of Kansas or the United States comptroller of currency, domiciled in Kansas, and approved by the commissioner.(c) In connection with the issuance of a certificate of authority, the commissioner may prescribe additional minimum capital and surplus based upon the type, volume and nature of the insurance business transacted.(d) Loans of minimum capital and surplus funds shall be prohibited. Notwithstanding the foregoing, the minimum capital and surplus funds may be received by the issuance of a surplus note as approved by the commissioner.(e) No pure captive insurance company shall make a loan or an investment in its parent company or affiliates without prior written approval of the commissioner, and any such loan or investment shall be evidenced by documentation approved by the commissioner.History: L. 1988, ch. 156, § 4; L. 2018, ch. 50, § 39; July 1.
KS Stat § 40-4307 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 43 - Captive Insurance Companies|40-4307 Annual report of financial condition.

40-4307. Annual report of financial condition. (a) Prior to March 1 of each year, each captive insurance company shall submit to the commissioner a report of its financial condition, verified by oath of two of its executive officers.(b) The report may be filed using generally accepted accounting principles, unless the commissioner approves the use of statutory accounting principles, with any appropriate or necessary modifications or adaptions thereof required or approved or accepted by the commissioner for the type of insurance and kinds of insurers to be reported upon, and as supplemented by additional information required by the commissioner. The commissioner shall by rules and regulations prescribe the forms by which captive insurance companies shall report.(c) Any captive insurance company may make written application to the commissioner for filing the report required by subsection (a) on a fiscal year end. If an alternative reporting date is granted by the commissioner:(1) The annual report shall be due 60 days after the fiscal year end; and(2) in order to provide sufficient detail to support the premium tax return, the captive insurance company shall file prior to March 1 of each year for each calendar year end such form or information as the commissioner shall by rules and regulations prescribe, verified by the oath by two of its executive officers or other authorized persons.(d) The captive insurance company shall file a report of financial condition on a quarterly basis to be designated by the commissioner. The contents and form of the report shall be governed by subsection (b).(e) All reports shall be given the same confidential treatment as provided in K.S.A. 40-4308, and amendments thereto.History: L. 1988, ch. 156, § 7; L. 2018, ch. 50, § 41; July 1.
KS Stat § 40-4309 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 43 - Captive Insurance Companies|40-4309 Suspension or revocation of certificate of authority; grounds.

40-4309. Suspension or revocation of certificate of authority; grounds. (a) The certificate of authority of a captive insurance company to do an insurance business in this state may be suspended or revoked by the commissioner for any of the following reasons:(1) The captive insurance company is financially impaired, insolvent or otherwise deemed to be in a hazardous financial condition pursuant to K.S.A. 40-222b, and amendments thereto;(2) failure to meet the requirements of K.S.A. 40-4304, and amendments thereto;(3) refusal or failure to submit the report, required by K.S.A. 40-4307, and amendments thereto, or any other report or statement required by law or by lawful order of the commissioner;(4) failure to comply with the provisions of its own organizational documents;(5) failure to pay any tax or fee, or to submit to pay the cost of examination or any legal obligation relative thereto, as required by Kansas law;(6) 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;(7) failure otherwise to comply with the laws of this state.(b) Whenever it appears to the commissioner that any captive insurance company has committed any of the acts specified in subsection (a), the commissioner shall give the company notice and an opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act. If the commissioner finds, upon examination, hearing or other evidence, that any captive insurance company has committed any of the acts specified in subsection (a), the commissioner may suspend or revoke such certificate of authority if the commissioner deems it in the best interests of the public and the policyholders of such captive insurance company, notwithstanding any other provisions of this act.(c) Although issued and delivered to the captive insurance company, the certificate of authority at all times shall be the property of this state. Upon any expiration, suspension or termination thereof, the captive insurance company shall promptly deliver the certificate of authority to the commissioner.(d) Suspension of a captive insurance company's certificate of authority shall be for such period as the commissioner specifies in the order of suspension. During the suspension period, the commissioner may rescind or shorten the suspension by further order.(e) During the suspension period, the captive insurance company may not solicit or write any new business, but must file annual statements, pay fees and taxes as required under this act, and unless otherwise provided in the order of suspension, may service its business already in force as if the certificate of authority had continued in full force.History: L. 1988, ch. 156, § 9; L. 2018, ch. 50, § 43; July 1.
KS Stat § 40-4310 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 43 - Captive Insurance Companies|40-4310 Investments; restrictions and limitations.

40-4310. Investments; restrictions and limitations. (a) Captive insurance companies shall comply with:(1) The investment requirements contained in articles 2a and 2b of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, as applicable; and(2) such investment requirements as may otherwise be approved by the commissioner upon application by any such captive insurance company.(b) Investments of association captive insurance companies shall be valued in accordance with the valuation procedures established by the national association of insurance commissioners, except to the extent it is inconsistent with the accounting standards in use by the company and approved by the commissioner.History: L. 1988, ch. 156, § 10; L. 2018, ch. 50, § 44; July 1.
KS Stat § 40-4311 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 43 - Captive Insurance Companies|40-4311 Reinsurance authority; requirements and limitation; credit for reserves on risks ceded.

40-4311. Reinsurance authority; requirements and limitation; credit for reserves on risks ceded. (a) Any captive insurance company organized under the laws of this state may, with the consent of the commissioner, assume all or any part of an individual risk or all or any part of a particular class of risks by affiliated insurers.(b) Any captive insurance company may take a credit or reduction from liability for the reinsurance of risks or portions of risks ceded to a reinsurer in accordance with K.S.A. 40-221a, and amendments thereto, or as otherwise approved by the commissioner. The commissioner may require any other documents, financial information or other evidence that such reinsurer will be able to provide adequate security for its financial obligations. The commissioner may deny authorization or impose any limitation on the activities of a reinsurer that in the commissioner's judgment are necessary and proper to provide adequate security for the ceding captive insurance company and for the protection and consequent benefit of the public at large.History: L. 1988, ch. 156, § 11; L. 1990, ch. 177, § 3; L. 2018, ch. 50, § 45; July 1.
KS Stat § 40-4312 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 43 - Captive Insurance Companies|40-4312 No requirement to join rating organization.

40-4312. No requirement to join rating organization. No captive insurance company shall be required to join a rating organization.History: L. 1988, ch. 156, § 12; July 1.
KS Stat § 40-4313 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 43 - Captive Insurance Companies|40-4313 Companies prohibited from joining or benefiting from insolvency guarantee funds; notice.

40-4313. Companies prohibited from joining or benefiting from insolvency guarantee funds; notice. No captive insurance company shall be permitted to join or contribute financially to any plan, pool, association or guaranty or insolvency fund in this state, nor shall any captive insurance company, or its insured, or its parent or any affiliated company, receive any benefit from any such plan, pool, association or guaranty or insolvency fund for claims arising out of the operations of such captive insurance company. Prior to insuring a risk or hazard of an association member, the association captive insurance company must notify the association member that it does not participate in any guaranty or insolvency fund in Kansas.History: L. 1988, ch. 156, § 13; L. 2018, ch. 50, § 46; July 1.
KS Stat § 40-4314 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 43 - Captive Insurance Companies|40-4314 Taxation.

40-4314. Taxation. (a) Each captive insurance company shall, at the time it files the report required by K.S.A. 40-4307, and amendments thereto, pay a tax on all premiums received on risks located in this state.(b) Each captive insurance company shall pay the commissioner a tax at the rate of 2/10 of 1% on each dollar of direct premiums collected or contracted for, during the year ending December 31 next preceding, on policies or contracts of insurance written by the captive insurance company, after deducting from the direct premiums subject to the tax amounts paid to policyholders as return premiums with respect to such preceding year only, which amounts shall include only dividends or distributions of unabsorbed premiums or premium deposits returned or credited to policyholders, up to a maximum tax for such year of $500,000, except that no tax shall be due or payable as a consideration received for annuity contracts.(c) Each captive insurance company shall pay to the commissioner no later than March 1 of each year a tax at the rate of 1/10 of 1% on each dollar assumed reinsurance premiums collected or contracted for, during the year end December 31 next preceding, on policies or contracts of insurance written by the captive insurance company, up to a maximum tax for such year of $300,000. However, no such tax applies to premiums for risks or portion of risks that are subject to taxation on a direct basis pursuant to subsection (b), and no such tax shall be payable in connection with the receipt of assets in exchange for the assumption of loss reserves and other liabilities of another insurer under common ownership and control if such transaction is part of a plan to discontinue the operations of such other insurer and if the intent of the company by the state or any county, city or municipality within Kansas, except ad valorem taxes on real and personal property used in the production of income.(d) The tax provided in this section shall be calculated on an annual basis, notwithstanding that policies or contracts of insurance or contracts of reinsurance are issued on a multi-year basis. In the case of multi-year policies or contracts, the premium shall be prorated for purposes of determining the tax under this section.History: L. 1988, ch. 156, § 14; L. 2018, ch. 50, § 47; July 1.
KS Stat § 40-4315 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 43 - Captive Insurance Companies|40-4315 Statutes regulating trade practices applicable to certain insurance provided by captive insurance companies.

40-4315. Statutes regulating trade practices applicable to certain insurance provided by captive insurance companies. To the extent the insurance provided or solicited by a captive insurance company involves persons or property not owned or controlled by a parent, affiliate or industrial insured, the provisions of article 24 of chapter 40 of the Kansas Statutes Annotated shall apply.History: L. 1988, ch. 156, § 15; July 1.
KS Stat § 40-4317 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 43 - Captive Insurance Companies|40-4317 Rules and regulations; exemptions.

40-4317. Rules and regulations; exemptions. The commissioner may adopt such rules and regulations relating to captive insurance companies as are necessary to carry out the provisions of this act. The commissioner, on a case-by-case basis, may by order, exempt a captive insurance company from the provisions of this act and any rule or regulation adopted by the commissioner that, as reasonably determined by the commissioner, based on such factors deemed relevant by the commissioner, consistent with the purposes of this act, are inappropriate to apply to such captive insurance company.History: L. 1988, ch. 156, § 17; L. 2018, ch. 50, § 48; July 1.
KS Stat § 40-4318 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 43 - Captive Insurance Companies|40-4318 General insurance statutes not applicable unless specifically referenced in act; 40-2209 and 40-2215 applicable.

40-4318. General insurance statutes not applicable unless specifically referenced in act; 40-2209 and 40-2215 applicable. (a) No provisions of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, other than those contained in this act or contained in specific references contained in this act or specific references contained in statutory sections cited in subsections (b) and (c), shall apply to captive insurance companies.(b) The provisions of K.S.A. 40-2209 and 40-2215, and amendments thereto, shall apply to captive insurance companies and to all contracts issued under the act of which this section is a part.(c) The provisions of article 33 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, shall continue to apply to insurers, as applicable.(d) To the extent not inconsistent with this act, the provisions of article 36 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, shall apply to captive insurance companies authorized under this act.History: L. 1988, ch. 156, § 18; L. 1991, ch. 134, § 12; L. 2018, ch. 50, § 49; July 1.
KS Stat § 40-4319 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 43 - Captive Insurance Companies|40-4319 Captive insurance companies; pure captive insurance companies; rules and regulations, authority of commissioner.

40-4319. Captive insurance companies; pure captive insurance companies; rules and regulations, authority of commissioner. The commissioner may adopt rules and regulations establishing standards to ensure that a pure captive insurance company's parent or any of its affiliated companies is able to exercise control of the risk management function of any controlled unaffiliated business to be insured by the pure captive insurance company, except that, until such time as rules and regulations under this section are adopted, the commissioner may approve the coverage of such risks by a pure captive insurance company on a case-by-case basis.History: L. 2018, ch. 50, § 2; July 1.
KS Stat § 40-4320 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 43 - Captive Insurance Companies|40-4320 Same; actions requiring prior approval of commissioner.

40-4320. Same; actions requiring prior approval of commissioner. The following actions shall not be taken without the prior approval of the commissioner:(a) The dissolution of a captive insurance company;(b) the sale, exchange, lease, mortgage, assignment, pledge or other transfer of or granting of a security interest in all or substantially all of the assets of a captive insurance company;(c) the making of a loan, investment or extension of credit by a captive insurance company, provided each such transaction is equal to or exceeds 3% of the captive insurance company's admitted assets, except as provided in K.S.A. 40-430, and amendments thereto;(d) any distribution or dividend out of the capital and surplus, or otherwise;(e) any merger or consolidation to which a captive insurance company is a party;(f) any conversion of a captive insurance company to another business form;(g) any transfer to or domestication in any jurisdiction by a captive insurance company; or(h) any amendment of the organizational documents of a captive insurance company.History: L. 2018, ch. 50, § 3; July 1.