2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 11 - INSURANCE HOLDING COMPANIES AND RISK MANAGEMENT (§§ 56-11-101 — 56-11-210) › Part 1 - INSURANCE HOLDING COMPANY SYSTEM ACT OF 1986 (§§ 56-11-101 — 56-11-119) › Section 56-11-101 - Short title - Definitions

(a)
This part shall be known and may be cited as the "Insurance Holding Company System Act of 1986."
(b)
As used in this part, unless the context otherwise requires:
(1)
"Affiliate" of, or person "affiliated" with, a specific person, means a person that directly, or indirectly through one (1) or more intermediaries, controls, or is controlled by, or is under common control with, the person specified;
(2)
"Commissioner" means the commissioner of commerce and insurance;
(3)
(A)
"Control" including "controlling," "controlled by" and "under common control with" means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or non-management services, or otherwise, unless the power is the result of an official position with or corporate office held by the person.
(B)
"Control" shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing ten percent (10%) or more of the voting securities of any other person. This presumption may be rebutted by a showing made in the manner provided by §
56-11-105(k)
that control does not exist in fact. The commissioner may determine, after furnishing all persons in interest notice and opportunity to be heard and making specific findings of fact to support the determination that control exists in fact, notwithstanding the absence of a presumption to that effect;
(4)
"Enterprise Risk" means any activity, circumstance, event or series of events involving one (1) or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including, but not limited to, anything that would cause the insurer's Risk-Based Capital to fall into company action level as set forth in §
56-46-104
or would cause the insurer to be in hazardous financial condition as set forth in Tenn. Comp. R. & Reg. 0780-01-66, as amended;
(5)
"Group capital calculation instructions" means the group capital calculation instructions as adopted by the NAIC and as amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC;
(6)
"Group-wide supervisor" means the regulatory official authorized to engage in conducting and coordinating group-wide supervision activities who is determined or acknowledged by the commissioner under §
56-11-116(d)
to have sufficient significant contacts with the internationally active insurance group;
(7)
"Health maintenance organization" means a health maintenance organization as defined at §
56-32-102
;
(8)
"Health maintenance organization holding company system" means two (2) or more affiliated persons, one (1) of which is a health maintenance organization. "Health maintenance organization holding company system" also means a corporation regulated pursuant to title 56, chapter 29, which owns or controls, either directly or indirectly, a health maintenance organization;
(9)
"Insurance holding company system" means two (2) or more affiliated persons, one (1) or more of which is an insurer;
(10)
"Insurer" has the same meaning as "insurance company," as set forth in §
56-1-102
, except that it does not include:
(A)
Agencies, authorities or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state;
(B)
Fraternal benefit societies;
(C)
Nonprofit medical and hospital service associations; or
(D)
Nonprofit dental service corporations;
(11)
"Internationally active insurance group" means an insurance holding company system that includes an insurer registered under §
56-11-105
and meeting the following criteria:
(A)
Premiums are written in at least three (3) countries;
(B)
The percentage of gross premiums written outside the United States is at least ten percent (10%) of the insurance holding company system's total gross written premiums; and
(C)
Based on a three-year rolling average, the total assets of the insurance holding company system are at least fifty billion dollars ($50,000,000,000), or the total gross written premiums of the insurance holding company system are at least ten billion dollars ($10,000,000,000);
(12)
"NAIC" means the National Association of Insurance Commissioners;
(13)
"NAIC liquidity stress test framework" means a separate NAIC publication which includes a history of the NAIC's development of regulatory liquidity stress testing, the scope criteria applicable for a specific data year, and the liquidity stress test instructions and reporting templates for a specific data year, such scope criteria, instructions, and reporting templates as adopted by the NAIC and as amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC;
(14)
"Person" means an individual, a corporation, a limited liability company, a partnership, an association, a joint stock company, a trust, an unincorporated organization, any similar entity or any combination of the foregoing acting in concert, but does not include any joint venture partnership exclusively engaged in owning, managing, leasing or developing real or tangible personal property;
(15)
"Scope criteria" means the designated exposure bases, along with minimum magnitudes thereof, for a specified data year, used to establish a preliminary list of insurers considered scoped into the NAIC liquidity stress test framework for a data year;
(16)
"Securityholder" of a specified person is one who owns any security of the person, including common stock, preferred stock, debt obligations and any other security convertible into or evidencing the right to acquire any of the foregoing;
(17)
"Subsidiary" of a specified person is an affiliate controlled by the person directly or indirectly through one (1) or more intermediaries; and
(18)
"Voting security" includes any security convertible into or evidencing a right to acquire a voting security.
Amended by 2023 Tenn. Acts, ch. 23, s 1, eff. 7/1/2023.
Amended by 2018 Tenn. Acts, ch. 873, s 13, eff. 5/3/2018.
Amended by 2014 Tenn. Acts, ch. 583, Secs.s 1, s 2 eff. 3/28/2014.
Acts 1986, ch. 572, § 1; 2000, ch. 708, § 3c; T.C.A. §
56-11-201
.