South Carolina Code 38-21-270. Notice and approval of extraordinary dividends or distributions required
(1) has approved the payment, or
Terms Used In South Carolina Code 38-21-270
- director: means the Director of the South Carolina Department of Insurance or his designee. See South Carolina Code 38-21-10
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Insurer: includes a corporation, fraternal organization, burial association, other association, partnership, society, order, individual, or aggregation of individuals engaging or proposing or attempting to engage as principals in any kind of insurance or surety business, including the exchanging of reciprocal or interinsurance contracts between individuals, partnerships, and corporations. See South Carolina Code 38-1-20
(2) has not disapproved the payment within fifteen days after receiving notice of the declaration.
(B)(1) For purposes of this section, an extraordinary dividend or distribution includes a dividend or distribution of cash or other property whose fair market value together with that of other dividends or distributions made within the preceding twelve months:
(a) when paid from other than earned surplus exceeds the lesser of:
(i) ten percent of the insurer’s surplus as regards policyholders as shown in the insurer’s most recent annual statement; or
(ii) the net gain from operations for life insurers, or the net income, for nonlife insurers, not including net realized capital gains or losses as shown in the insurer’s most recent annual statement;
(b) when paid from earned surplus exceeds the greater of:
(i) ten percent of the insurer’s surplus as regards policyholders as shown in the insurer’s most recent annual statement; or
(ii) the net gain from operations for life insurers, or the net income, for nonlife insurers, not including net realized capital gains or losses as shown in the insurer’s most recent annual statement.
(2) It does not include pro rata distributions of a class of the insurer’s own securities.
(C) An insurer may declare an extraordinary dividend or distribution which is conditional upon the approval of the director or his designee. The declaration confers no rights upon shareholders until the director or his designee:
(1) has approved the payment of the dividend or distribution, or
(2) has not disapproved the payment within fifteen days after receiving notice of the declaration.