South Carolina § 38-90-490 Issuance of securities.

South Carolina Statutes

§ 38-90-490 — Issuance of securities.

South Carolina § 38-90-490

Title 38INSURANCE

Ch. 90CAPTIVE INSURANCE COMPANIES

This text of South Carolina § 38-90-490 (Issuance of securities.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 38-90-490 (2026).

Text

(A)A SPFC may issue securities, including surplus notes and other forms of financial instruments, subject to and in accordance with applicable law, its approved plan of operation, and its organizational documents.

(B)A SPFC, in connection with the issuance of securities, may enter into and perform all of its obligations under any required contracts to facilitate the issuance of these securities.

(C)Subject to the approval of the director, a SPFC may lawfully:

(1)account for the proceeds of surplus notes as surplus and not as debt for purposes of statutory accounting;

(2)submit for prior approval of the director periodic written requests for payments of interest on and repayments of principal of surplus notes.

(D)Surplus notes issued by a SPFC constitutes surplus or contribution notes

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(A) A SPFC may issue securities, including surplus notes and other forms of financial instruments, subject to and in accordance with applicable law, its approved plan of operation, and its organizational documents. (B) A SPFC, in connection with the issuance of securities, may enter into and perform all of its obligations under any required contracts to facilitate the issuance of these securities. (C) Subject to the approval of the director, a SPFC may lawfully: (1) account for the proceeds of surplus notes as surplus and not as debt for purposes of statutory accounting; (2) submit for prior approval of the director periodic written requests for payments of interest on and repayments of principal of surplus notes. (D) Surplus notes issued by a SPFC constitutes surplus or contribution notes of the type described at Section 38-27-610(9). (E) The director, without otherwise prejudicing the director's authority, may approve formulas for an ongoing plan of interest payments or principal repayments, or both, to provide guidance in connection with his ongoing reviews of requests to approve the payments on and principal repayments of the surplus notes. (F) The obligation to repay principal or interest, or both, on the securities issued by the SPFC must reflect the risk associated with the obligations of the SPFC to the counterparty under the SPFC contract.