North Carolina General Statutes 58-19-5. Definitions
As used in this Article, unless the context requires otherwise, the following terms have the following meanings:
(1) An “affiliate” of or person “affiliated” with a specific person. – A person that indirectly through one or more intermediaries or directly controls, is controlled by, or is under common control with the person specified.
Terms Used In North Carolina General Statutes 58-19-5
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) “Control”, including the terms “controlling”, “controlled by”, and “under common control with.” – The direct or indirect possession 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 nonmanagement services, or otherwise. Control is 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 N.C. Gen. Stat. § 58-19-25(j) 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 such determination, that control exists in fact, notwithstanding the absence of a presumption to that effect.
(3) Enterprise risk. – Any activity, circumstance, event, or series of events involving one 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 Article 12 of this Chapter or would cause the insurer to be in a hazardous financial condition as set forth in N.C. Gen. Stat. § 58-30-60.
(4) Executive officer. – A chief executive officer, chief operating officer, chief financial officer, treasurer, secretary, controller, and any other individual performing functions corresponding to those performed by the foregoing officers under whatever title.
(5) Form A. – The statement regarding the acquisition of control of or merger with a domestic insurer that is required to be filed with the Commissioner pursuant to N.C. Gen. Stat. § 58-19-15.
(6) Form B. – The insurance holding company system annual registration statement that is required to be filed with the Commissioner pursuant to N.C. Gen. Stat. § 58-19-25.
(7) Form C. – The summary of changes to the insurance company system annual registration statement that is required to be filed with the Commissioner pursuant to N.C. Gen. Stat. § 58-19-25.
(8) Form D. – The prior notice of a transaction that is required to be filed with the Commissioner pursuant to N.C. Gen. Stat. § 58-19-30(b).
(9) Form E. – The pre-acquisition notification that is required to be filed with the Commissioner pursuant to N.C. Gen. Stat. § 58-19-15(a5).
(10) Form F. – The annual enterprise risk report required to be filed with the Commissioner pursuant to N.C. Gen. Stat. § 58-19-25(l).
(10a) Group-wide supervisor. – The regulatory official authorized to engage in conducting and coordinating group-wide supervision activities who is determined or acknowledged by the Commissioner under N.C. Gen. Stat. § 58-19-38 to have sufficient significant contacts with the internationally active insurance group.
(11) Insurance holding company system. – An entity comprising two or more affiliated persons, one or more of which is an insurer.
(12) Insurer. – As defined in N.C. Gen. Stat. § 58-1-5(3), and includes a person subject to Articles 65 and 66 or 67 of this Chapter. “Insurer” does not include (1) an agency, authority, or instrumentality of the United States; any of its possessions and territories; the Commonwealth of Puerto Rico; the District of Columbia; nor a state or political subdivision of a state; nor (2) fraternal benefit societies or fraternal orders.
(12a) Internationally active insurance group. – An insurance holding company system that includes an insurer registered under N.C. Gen. Stat. § 58-19-25 and that meets all of the following criteria:
a. The insurance holding company system writes premiums in at least three countries.
b. The percentage of gross premiums of the insurance holding company system written outside the United States is at least ten percent (10%) of the insurance holding company system’s total gross written premiums.
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).
(13) Person. – An individual, corporation, partnership, limited liability company, association, joint stock company, trust, unincorporated organization, or any similar entity or any combination of the foregoing acting in concert.
(14) A “security holder” of a specified person. – One who owns any security of such person, including common stock, preferred stock, debt obligations, or any other security convertible into or evidencing the right to acquire any of the foregoing.
(15) A “subsidiary” of a specified person. – An affiliate controlled by such person indirectly through one or more intermediaries or directly.
(16) Ultimate controlling person. – A person not controlled by any other person.
(17) Voting security. – Includes any security convertible into or evidencing a right to acquire a voting security. (1989, c. 722, s. 1; 1995, c. 517, ss. 9, 10; 2001-223, s. 16.1; 2015-146, s. 1.2(a), (b); 2015-281, s. 13; 2019-57, s. 1(a), (b).)