reglab/housing_qa huggingface dataset:
SD Codified L § 58-6-43 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-43 - Foreign insurer exempt from foreign corporation laws.

58-6-43. Foreign insurer exempt from foreign corporation laws.A foreign insurer authorized to transact insurance in this state and fully complying with this title shall be exempt from complying with other provisions of the South Dakota Code concerning foreign corporations. Source: SL 1966, ch 111, ch 3, §24.
SD Codified L § 58-6-44 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-44 - Refusal to renew or suspension or revocation of certificate, grounds.

58-6-44. Refusal to renew or suspension or revocation of certificate, grounds.The director shall refuse to renew, or shall suspend or revoke, an insurer's certificate of authority:(1)If such action is required by any provision of this title; or(2)If a foreign insurer, it no longer meets the requirements for the authority, on account of deficiency of assets or otherwise; or if a domestic insurer, it has failed to cure an impairment of capital or surplus within the time allowed therefor by the director under this title; or(3)If the insurer knowingly exceeds its charter powers or powers granted under its certificate of authority; or(4)If the insurer's certificate of authority to transact insurance therein is suspended or revoked by its state of domicile, or state of entry into the United States if an alien insurer. Source: SL 1966, ch 111, ch 3, §18 (1).
SD Codified L § 58-6-45 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-45 - Hearing required on refusal to issue, suspension or revocation of certificate.

58-6-45. Hearing required on refusal to issue, suspension or revocation of certificate.Except in cases of insolvency or impairment of required capital or surplus, or suspension or revocation by another state as referred to in subdivision 58-6-44(4), the director shall so refuse, suspend, or revoke the certificate of authority only after a hearing granted to the insurer thereon, unless the insurer waives such hearing in writing. Source: SL 1966, ch 111, ch 3, §18 (2).
SD Codified L § 58-6-46 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-46 - Grounds for refusal to renew, suspension, or revocation of certificate.

58-6-46. Grounds for refusal to renew, suspension, or revocation of certificate.The director may refuse to renew or may suspend or revoke an insurer's certificate of authority if the director finds after a hearing thereon that the insurer has violated or failed to comply with any lawful order of the director, any laws of this state relevant to the business of insurance, or any provision of this title other than those for which suspension or revocation is mandatory. Source: SL 1966, ch 111, ch 3, §19 (1); SL 2013, ch 246, §1.
SD Codified L § 58-6-47 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-47 - Suspension or revocation of certificate after hearing, grounds.

58-6-47. Suspension or revocation of certificate after hearing, grounds.The director shall suspend or revoke an insurer's certificate of authority on any of the following grounds if he finds after a hearing thereon that the insurer:(1)Is in unsound condition, or in such condition or using such methods and practices in the conduct of its business, as to render its further transaction of business in this state hazardous or injurious to its policyholders or to the public;(2)Has failed, after written request therefor by the director, to remove or discharge an officer or director who has been convicted of any crime involving fraud, dishonesty, or moral turpitude;(3)With such frequency as to indicate its general business practice in this state, has without just cause refused to pay claims arising under coverages provided by its policies, whether the claim is in favor of an insured or is in favor of a third person with respect to the liability of an insured to such third person, or, with like frequency, without just cause compels insureds or claimants to accept less than the amount due them or to employ attorneys or to bring suit against the insurer or such an insured to obtain full payment or settlement of such claims;(4)Is affiliated with and under the same general management, or interlocking directorate, or ownership as another insurer which transacts direct insurance in this state without having a certificate of authority therefor, except as permitted under this title.(5)Refuses to be examined, or if its directors, officers, employees, or representatives refuse to submit to examination relative to its affairs, or to produce its accounts, records, and files for examination by the director when required, or refuse to perform any legal obligation relative to the examination;(6)Has failed to pay any final judgment rendered against it in this state upon any policy, bond, recognizance, or undertaking issued or guaranteed by it, within thirty days after the judgment became final, or within thirty days after time for taking an appeal has expired, or within thirty days after dismissal of an appeal before final determination, whichever date is the later. Source: SL 1966, ch 111, ch 3, §19 (2).
SD Codified L § 58-6-48 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-48 - Suspension of certificate on commencement of delinquency proceedings.

58-6-48. Suspension of certificate on commencement of delinquency proceedings.The director may without advance notice or a hearing thereon, immediately suspend the certificate of authority of any insurer as to which proceedings for receivership, conservatorship, rehabilitation, or other delinquency proceedings, have been commenced in any state by the public insurance supervisory official of such state. Source: SL 1966, ch 111, ch 3, §19 (3).
SD Codified L § 58-6-49 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-49 - Order of suspension, revocation, or refusal to renew certificate--Replacement of policies.

58-6-49. Order of suspension, revocation, or refusal to renew certificate--Replacement of policies.Each suspension or revocation of, or refusal to renew, an insurer's certificate of authority shall be by the director's order given to the insurer as provided by §58-4-17. If the director finds that the public health, safety, and welfare of insureds is imperiled due to being covered under a policy of insurance by an insurer or carrier whose certificate of authority has been revoked, and all appeals of the revocation have been exhausted the director may also order that the insurer or carrier replace all policies with equivalent policies issued by an authorized insurer in this state or otherwise provide for the transfer of all such risk through an arrangement approved by the director. Source: SL 1966, ch 111, ch 3, §20 (1); SL 2013, ch 246, §2.
SD Codified L § 58-6-50 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-50 - Notice to insurance producers of suspension, revocation, or refusal to renew certificate--Insurance Producers' authority.

58-6-50. Notice to insurance producers of suspension, revocation, or refusal to renew certificate--Insurance Producers' authority.Upon suspending or revoking or refusing to renew the insurer's certificate of authority, the director shall forthwith give, by registered or certified mail, notice thereof to the insurer's insurance producers in this state of record in the department, and shall likewise suspend or revoke the authority of the insurance producers to represent the insurer. Source: SL 1966, ch 111, ch 3, §20 (2); SL 1982, ch 28, §18; SL 2001, ch 286, §77.
SD Codified L § 58-6-51 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-51 - Publication of notice of suspension, revocation, or refusal to renew certificate of authority.

58-6-51. Publication of notice of suspension, revocation, or refusal to renew certificate of authority.The director may also publish notice of such suspension, revocation, or refusal in one or more newspapers of general circulation in this state. Source: SL 1966, ch 111, ch 3, §20 (3).
SD Codified L § 58-6-52 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-52 - Duration of suspension of certificate of authority--Rescission or shortening.

58-6-52. Duration of suspension of certificate of authority--Rescission or shortening.Suspension of an insurer's certificate of authority shall be for such period as the director specifies in the order of suspension, but not to exceed one year. During the suspension the director may rescind or shorten the suspension by his further order. Source: SL 1966, ch 111, ch 3, §21 (1).
SD Codified L § 58-6-53 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-53 - Rights and obligations of insurer during suspension.

58-6-53. Rights and obligations of insurer during suspension.During the suspension period the insurer shall not solicit or write any new business in this state, but shall file its annual statement, pay fees, licenses, and taxes as required under this title, and may service its business already in force in this state, as if the certificate of authority had continued in full force. Source: SL 1966, ch 111, ch 3, §21 (2).
SD Codified L § 58-6-54 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-54 - Reinstatement of certificate of authority which has not terminated where cause for suspension no longer exists.

58-6-54. Reinstatement of certificate of authority which has not terminated where cause for suspension no longer exists.After an insurer has been suspended and if the insurer's certificate of authority has not terminated, the insurer's certificate of authority shall be reinstated if the insurer can demonstrate to the satisfaction of the director that cause for suspension no longer exists. Source: SL 1966, ch 111, ch 3, §21(3); SL 1988, ch 391.
SD Codified L § 58-6-55 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-55 - Reinstatement of authority of insurance producers--Notice to insurer and insurance producers.

58-6-55. Reinstatement of authority of insurance producers--Notice to insurer and insurance producers.Upon reinstatement of the insurer's certificate of authority, the authority of its insurance producers in this state to represent the insurer shall likewise reinstate. The director shall promptly notify by registered or certified mail the insurer and its insurance producers in this state, of record in the division, of such reinstatement. If pursuant to §58-6-51 the director has published notice of the suspension, the director shall in like manner publish notice of the reinstatement. Source: SL 1966, ch 111, ch 3, §21 (4); SL 1982, ch 28, §18; SL 2001, ch 286, §78.
SD Codified L § 58-6-56 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-56 - Suspension, revocation, or refusal to renew certificate because of deficiency of assets or impairment of capital or surplus--Cessation of business in state.

58-6-56. Suspension, revocation, or refusal to renew certificate because of deficiency of assets or impairment of capital or surplus--Cessation of business in state.Upon suspension, revocation, or refusal to renew the certificate of authority of an insurer on account of deficiency of assets, if a foreign insurer, or failure to cure an impairment of the capital of a domestic stock insurer, or surplus of a reciprocal or domestic mutual insurer, as provided under subdivision 58-6-44(2), every officer and director of the insurer must, either separately or jointly with one or more of the others and within four days after notice of such suspension, revocation, or refusal was given to the insurer by the director, notify by registered or certified mail every person authorized by the insurer, as of immediately prior to such suspension, revocation, or refusal, to write business for the insurer in South Dakota, immediately to cease such writing; and each such person so notified shall immediately cease to write any further business for the insurer in South Dakota. Source: SL 1966, ch 111, ch 3, §22 (1); SL 1982, ch 28, §18.
SD Codified L § 58-6-57 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-57 - Failure to notify or continuation of business after notice as felony.

58-6-57. Failure to notify or continuation of business after notice as felony.Each individual made responsible for the notification under §58-6-56, who fails so to notify, and every person so authorized who, after being so notified or otherwise being informed as to such impairment or suspension, revocation, or refusal, solicits or writes further business for the insurer, is guilty of a Class 4 felony. Source: SL 1966, ch 111, ch 3, §22 (2); SL 1978, ch 359, §5.
SD Codified L § 58-6-58 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-58 - Impairment of assets, capital, or surplus--Suspension, revocation, or refusal to renew certificate of authority--Rehabilitator or receiver of insurer not required to notify agents.

58-6-58. Impairment of assets, capital, or surplus--Suspension, revocation, or refusal to renew certificate of authority--Rehabilitator or receiver of insurer not required to notify agents.Sections 58-6-56 and 58-6-57 do not apply to any person who has been appointed as and is acting as rehabilitator or receiver of the insurer in judicial proceedings in a court of the United States or of the State of South Dakota. Source: SL 1966, ch 111, ch 3, §22 (3).
SD Codified L § 58-6-59 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-59 - Liability of officers and directors of impaired insurers.

58-6-59. Liability of officers and directors of impaired insurers.The liability of the officers and directors of impaired insurers shall be determined in accordance with the provisions of §58-5-118. Source: SL 1966, ch 111, ch 3, §23.
SD Codified L § 58-6-60 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-60 - Notice to insurer and insurance producers of refusal, suspension, or revocation of certificate.

58-6-60. Notice to insurer and insurance producers of refusal, suspension, or revocation of certificate.Upon refusal, suspension, or revocation of an insurer's certificate of authority, the director shall forthwith give notice thereof by registered or certified mail to the insurer and to its insurance producers in this state of record in the director's office. Source: SL 1966, ch 111, ch 3, §25 (1); SL 1982, ch 28, §18; SL 2001, ch 286, §79.
SD Codified L § 58-6-61 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-61 - Suspension or revocation of authority of insurance producers--Notice by director.

58-6-61. Suspension or revocation of authority of insurance producers--Notice by director.Such refusal, suspension, or revocation shall likewise automatically suspend or revoke, as the case may be, the authority of all such insurance producers to act as insurance producers of the insurer in this state, and the director shall so state in the notice to insurance producers provided for in §58-6-60. Source: SL 1966, ch 111, ch 3, §25 (2); SL 2001, ch 286, §80.
SD Codified L § 58-6-67 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-67 - Contract not invalidated by violation of countersignature requirements.

58-6-67. Superseded.
SD Codified L § 58-6-68 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-68 - Insurers subject to taxation--Filing of returns and reports--Exemption of qualified pension, annuity, or profit-sharing plans.

58-6-68. Insurers subject to taxation--Filing of returns and reports--Exemption of qualified pension, annuity, or profit-sharing plans.Insurers shall be subject to taxation according to the provisions of Title 10 and shall file such tax returns and reports as may be directed by the director, provided, however, that no tax shall be due or payable as to premiums or considerations received from policies or contracts issued in connection with a pension, annuity, or profit-sharing plan exempt or qualified under section 401, 403(b), 404, 408, 457, or 501(a) of the United States Internal Revenue Code with respect to the tax payable in 1973 and annually thereafter. Source: SL 1966, ch 111, ch 3, §28 (1); SL 1972, ch 260, §1; SL 1975, ch 306; SL 1989, ch 422.
SD Codified L § 58-6-69 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-69 - Report and payment of tax by surplus line brokers.

58-6-69. Report and payment of tax by surplus line brokers.Surplus line brokers shall report and pay the taxes upon surplus line policies written pursuant to chapter 58-32. Source: SL 1966, ch 111, ch 3, §28 (2).
SD Codified L § 58-6-70 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-70 - Retaliatory tax provisions--Exception.

58-6-70. Retaliatory tax provisions--Exception.If any other state or foreign country imposes any taxes, licenses, and other fees, in the aggregate, or fines, penalties, deposit requirements, or other material obligations, prohibitions, or restrictions upon South Dakota insurers, or upon the insurance producers or representatives of such insurers, which are, pursuant to the laws of that other state or country, in excess of those directly imposed upon similar insurers, or upon the insurance producers or representatives of such insurers, of that other state or country under the statutes of this state, then, so long as the laws of that other state or country continue in force or are so applied, the director of the Division of Insurance shall impose the same taxes, licenses, and other fees, in the aggregate, or fines, penalties, deposit requirements, or other material obligations, prohibitions, or restrictions of whatever kind upon the insurers, or upon the insurance producers or representatives of the insurers, of the other state or country doing business or seeking to do business in South Dakota. Any tax, license, or other fee or obligation imposed on South Dakota insurers or their insurance producers or representatives by any first or second class municipality, county, or other political subdivision or agency of the other state or country is considered to be imposed by such state or country within the meaning of this section. The time and period of payment of the retaliatory tax is the same, in all cases, as that of the gross premiums tax provided for in §10-44-2. No interest charges or credits may be made or allowed for the use or loss of the use of funds due to any difference in the time or period of payment used in this state and the time or period used in a foreign state or country.This provision does not apply to that portion of a life insurance policy's annual premiums exceeding one hundred thousand dollars and to that portion of the annual consideration on an annuity contract exceeding five hundred thousand dollars. Source: SL 1966, ch 111, ch 3, §29 (1); SL 1982, ch 354; SL 1992, ch 60, §2; SL 2001, ch 54, §2; SL 2001, ch 286, §85; SL 2008, ch 260, §1.
SD Codified L § 58-6-71 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-71 - Exemption from retaliatory tax provisions.

58-6-71. Exemption from retaliatory tax provisions.Section 58-6-70 shall not apply as to personal income taxes, nor as to ad valorem taxes on real or personal property, nor as to special purpose obligations or assessments imposed by another state in connection with particular kinds of insurance other than property insurance; except that deductions, from premium taxes or other taxes otherwise payable, allowed on account of real estate or personal property taxes paid shall be taken into consideration by the director in determining the propriety and extent of retaliatory action under §58-6-70. Source: SL 1966, ch 111, ch 3, §29 (2).
SD Codified L § 58-6-72 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-72 - Domicile of alien insurer for retaliatory tax purposes.

58-6-72. Domicile of alien insurer for retaliatory tax purposes.For the purposes of §58-6-70 and subject to the provisions of §58-6-73, the domicile of an alien insurer, shall be that state in which is located its principal place of business in the United States. Source: SL 1966, ch 111, ch 3, §29 (3).
SD Codified L § 58-6-73 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-73 - Domicile of Canadian insurer for retaliatory tax purposes.

58-6-73. Domicile of Canadian insurer for retaliatory tax purposes.In case of an insurer formed under the laws of Canada or a province thereof, its domicile for the purposes of §58-6-70 shall be deemed to be that province in which its head office is situated. Source: SL 1966, ch 111, ch 3, §29 (4).
SD Codified L § 58-6-74 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 06 - Authority To Transact Insurance In State|Section 58-6-74 - Dissolution or retirement of insurer during year--Filing of reports and collection of taxes not defeated.

58-6-74. Dissolution or retirement of insurer during year--Filing of reports and collection of taxes not defeated.In the event any insurer shall dissolve or retire from this state, either voluntarily or involuntarily, during any calendar year, such dissolution or voluntary or involuntary retirement from this state shall not defeat the filing of reports and the assessment and collection of the taxes imposed by this title with respect to the premiums written or deposits held during that part of such calendar year prior to such dissolution or retirement from this state. In any such case the report herein required to be filed shall be filed within thirty days after such dissolution or retirement from this state. In the case of an insurer taken over for liquidation or rehabilitation the report shall be filed within six months thereafter. Source: SL 1966, ch 111, ch 32, §1.