Title 33, Chapter 55, Section 2
( 33-55-2)
(a) No acquisitions or dispositions of assets need be reported pursuant to Code Section 33-55-1 if the acquisitions or dispositions are not material. For purposes of this chapter, a material acquisition or disposition or the aggregate of any series of related acquisitions or related dispositions during any 30 day period is one that is nonrecurring and not in the ordinary course of business and involves more than 5 percent of the reporting insurer's total admitted assets as reported in its most recent statutory statement filed with the insurance department of the insurer's state of domicile. (b)(1) Asset acquisitions subject to this chapter include every
purchase, lease, exchange, merger, consolidation, succession, or
other acquisition other than the construction or development of
real property by or for the reporting insurer or the acquisition
of materials for such purpose. (2) Asset dispositions subject to this chapter include every sale,
lease, exchange, merger, consolidation, mortgage, hypothecation,
assignment for the benefit of creditors or otherwise, abandonment,
destruction, or other disposition. (c)(1) The following information is required to be disclosed in
any report of a material acquisition or disposition of assets: (A) Date of the transaction; (B) Manner of acquisition or disposition; (C) Description of the assets involved; (D) Nature and amount of the consideration given or received; (E) Purpose of or reason for the transaction; (F) Manner by which the amount of consideration was determined; (G) Gain or loss recognized or realized as a result of the
transaction; and (H) Name or names of the person or persons from whom the assets
were acquired or to whom they were disposed. (2) Insurers are required to report material acquisitions and
dispositions on a nonconsolidated basis unless the insurer is part
of a consolidated group of insurers which utilizes a pooling
arrangement or 100 percent reinsurance agreement that affects the
solvency and integrity of the insurer's reserves and such insurer
ceded substantially all of its direct and assumed business to the
pool. An insurer is deemed to have ceded substantially all of its
direct and assumed business to a pool if the insurer has less than
$1 million total direct premiums plus assumed written premiums
during a calendar year that are not subject to a pooling
arrangement and the net income of the business not subject to the
pooling arrangement represents less than 5 percent of the
insurer's capital and surplus. |