(a)        The General Assembly finds that the public interest and the interests of policyholders are or may be adversely affected when any of the following occur:

(1)        Control of an insurer is sought by persons who would utilize such control adversely to the interests of policyholders.

(2)        Acquisition of control of an insurer would substantially lessen competition or create a monopoly in the insurance business in this State.

(3)        An insurer that is part of an insurance holding company system is caused to enter into transactions or relationships with affiliated companies on terms that are not fair and reasonable.

(4)        An insurer pays dividends to shareholders that jeopardize the financial condition of such insurer.

(b)        The General Assembly declares that the policies and purposes of this Article are to promote the public interest by doing all of the following:

(1)        Requiring disclosure of pertinent information relating to changes in control of an insurer.

(2)        Requiring disclosure by an insurer of material transactions and relationships between the insurer and its affiliates, including certain dividends to shareholders paid by the insurer.

(3)        Providing standards governing material transactions between an insurer and its affiliates. ?(1989, c. 722, s. 1; 2015-146, s. 1.1; 2015-281, s. 13.)

Terms Used In North Carolina General Statutes 58-19-1

  • 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
  • Insurance holding company system: An entity comprising two or more affiliated persons, one or more of which is an insurer. See North Carolina General Statutes 58-19-5
  • Insurer: As defined in N. See North Carolina General Statutes 58-19-5
  • 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