South Dakota Codified Laws 58-5-169. Disclosure documents and other materials–Information sharing and receiving
In order to assist in the performance of the director’s regulatory duties, the director may:
(1) Share any document, materials, or other information related to the corporate governance annual disclosure, including any confidential and privileged document, materials, or information, including any proprietary and trade secret document and materials, with other state, federal, and international financial regulatory agencies, including members of any supervisory college as defined in chapter 58-5A , with the National Association of Insurance Commissioners, and with third party consultants pursuant to §§ 58-5-161 to 58-5-171, inclusive, provided that the recipient agrees in writing to maintain the confidentiality and privileged status of the document, materials, or other information related to the disclosure and verifies in writing the legal authority to maintain confidentiality; and
Terms Used In South Dakota Codified Laws 58-5-169
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when used in context signifying a jurisdiction other than the State of South Dakota, a state, the District of Columbia, a territory, commonwealth, or possession of the United States of America, or a province of the Dominion of Canada. See South Dakota Codified Laws 58-1-2
(2) Receive any document, materials, or other information related to the corporate governance annual disclosure, including any otherwise confidential and privileged document, materials, or information, including proprietary and trade-secret information or documents from regulatory officials of other state, federal, and international financial regulatory agencies, including members of any supervisory college as defined in chapter 58-5A , and from the National Association of Insurance Commissioners. The director shall maintain as confidential or privileged any document, materials, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, materials, or information.
No waiver of any applicable privilege or claim of confidentiality in any document, proprietary and trade-secret materials, or other information related to the corporate governance annual disclosure may occur as a result of disclosure of any information or documents related to the disclosure to the director under this section or as a result of sharing under this section by the director.
Source: SL 2020, ch 212, § 9.