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27-29B-6
Section 27-29B-6 Confidentiality. (a) Documents, materials, or other information, including
the CGAD, in the possession or control of the department that are obtained by, created by,
or disclosed to the commissioner or any other person under this chapter, are recognized by
this state as being proprietary and to contain trade secrets. All of the documents, materials,
or other information shall be confidential by law and privileged, shall not be subject to
any open records, freedom of information, sunshine, or other public record disclosure laws,
shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence
in any private civil action. However, the commissioner may use the documents, materials, or
other information in the furtherance of any regulatory or legal action brought as a part of
the official duties of the commissioner. The commissioner shall not otherwise make the documents,
materials, or other information public without the prior written...
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8-6-7
Section 8-6-7 Registration of securities - Registration by qualification. (a) Any security
may be registered by qualification. (b) A registration statement under this section shall
contain the following information and be accompanied by the following documents in addition
to payment of the registration fee prescribed in Section 8-6-8 and, if required under Section
8-6-12, a consent to service of process meeting the requirements of that section: (1) With
respect to the issuer and any significant subsidiary, its name, address and form of organizations,
the state or foreign jurisdiction and date of its organization, the general character and
location of its business and a description of its physical properties and equipment; (2) With
respect to every director and officer of the issuer or person occupying a similar status or
performing similar functions, his name, address, and principal occupation for the past five
years, the amount of securities of the issuer held by him as of the date of...
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27-29-1
Section 27-29-1 Definitions. For purposes of this chapter, unless otherwise stated, the following
terms shall have the meanings respectively ascribed to them by this section: (1) AFFILIATE.
The term shall include an affiliate of, or person affiliated with, a specific person, and
shall mean a person that directly, or indirectly through one or more intermediaries, controls,
or is controlled by, or is under common control with, the person specified. (2) COMMISSIONER.
The Commissioner of Insurance, his or her deputies, or the Insurance Department as appropriate.
(3) CONTROL. The term shall include controlling, controlled by, or under common control with
and shall mean the possession, direct or indirect, of the power to direct or cause the direction
of the management and policies of a person, whether through the ownership of voting securities,
by contract other than a commercial contract for goods or nonmanagement services, or otherwise,
unless the power is the result of an official...
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27-42-13
Section 27-42-13 Prevention of insolvencies; examinations of insurers; reports. (a) To aid
in the detection and prevention of insurer insolvencies, it shall be the duty of the board
of directors, upon majority vote, to notify the commissioner of any information indicating
any member insurer may be insolvent or in a financial condition hazardous to the policyholders
or the public. (b) The board of directors may, upon majority vote, request that the commissioner
order an examination of any member insurer which the board in good faith believes may be in
a financial condition hazardous to the policyholders or the public. Within 30 days of the
receipt of such request, the commissioner shall begin such examination. The examination may
be conducted as a National Association of Insurance Commissioners' examination or may be conducted
by such persons as the commissioner designates. The cost of such examination shall be paid
by the association and the examination report shall be treated as are...
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5-26-16
Section 5-26-16 Investigation and examination authority. In addition to any authority allowed
under this chapter the supervisor shall have the authority to conduct investigations and examinations
as follows: (1) AUTHORITY TO ACCESS INFORMATION. For purposes of initial licensing, license
renewal, license suspension, license conditioning, license revocation or termination, or general
or specific inquiry or investigation to determine compliance with this chapter, the supervisor
shall have the authority to access, receive, and use any books, accounts, records, files,
documents, information, or evidence including but not limited to: (a) Criminal, civil, and
administrative history information, including nonconviction data; and (b) Personal history
and experience information including independent credit reports obtained from a consumer reporting
agency described in Section 603(p) of the Fair Credit Reporting Act; and (c) Any other documents,
information, or evidence the supervisor deems...
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8-6-6
Section 8-6-6 Registration of securities - Registration of certain securities by coordination.
(a) Any security for which a registration statement has been filed under the Securities Act
of 1933 in connection with the same offering may be registered by coordination. (b) A registration
statement under this section shall contain the following information and be accompanied by
the following documents, in addition to payment of the registration fee prescribed in Section
8-6-8: (1) Two copies of the prospectus filed under the Securities Act of 1933, together with
all amendments thereto; (2) If the Securities Commission requests, any other information or
copies of any other documents filed under the Securities Act of 1933; (3) The amount of securities
to be offered in this state; (4) The states in which a registration statement or similar document
in connection with the offering has been or is expected to be filed; (5) Any adverse order
or judgment previously entered in connection with the...
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27-2-52
Section 27-2-52 Offices, equipment, and personnel; operating expenses. The Commissioner of
Insurance shall furnish offices, equipment, operating expenses, and necessary personnel to
maintain and operate the Receivership Division. The operating expenses of said division shall
as far as practical be paid from the receiverships as administrative expenses on a pro rata
basis, such expenses to be verified by the receiver to the receivership court having jurisdiction
and paid on order of said court into the Special Examination Revolving Fund provided for in
Section 27-2-25. To the extent of and limited to the funds paid into said revolving fund from
receiverships, the Commissioner of Insurance is hereby authorized to draw upon said revolving
fund on proper voucher, to pay for salaries, expenses, rent or equipment, or portion thereof,
for the proper operation of the Receivership Division. Expenses and salaries not recoverable
from receivership funds may be paid from funds appropriated to the...
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27-62-3
Section 27-62-3 Definitions. For purposes of this chapter, the following words have the following
meanings: (1) AUTHORIZED INDIVIDUAL. An individual known to and screened by the licensee and
determined to be necessary and appropriate to have access to the nonpublic information held
by the licensee and its information systems. (2) COMMISSIONER. The Commissioner of Insurance.
(3) CONSUMER. An individual, including, but not limited to, an applicant, policyholder, insured,
beneficiary, claimant, or certificate holder, who is a resident of this state and whose nonpublic
information is in the possession, custody, or control of a licensee. (4)a. CYBERSECURITY EVENT.
An event resulting in unauthorized access to, disruption, or misuse of an information system
or nonpublic information stored on an information system. b. The term cybersecurity event
does not include the unauthorized acquisition of encrypted nonpublic information if the encryption,
process, or key is not also acquired, released,...
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5-25-16
Section 5-25-16 Enforcement and penalties. (a) Whenever it appears to the supervisor that any
person required to be licensed or registered under this chapter has violated any law of this
state or any order or regulation of the department, the supervisor after notice and hearing
may order such person or an affiliate acting on behalf of such person to cease and desist
from the unauthorized practices. (b) Any person required to be licensed under this chapter
or an affiliate of such person who is found by the supervisor after notice and hearing to
have violated this chapter or the terms of any order issued pursuant to this section may be
ordered by the supervisor to pay a civil penalty of not more than three thousand dollars ($3,000)
in the aggregate for all violations of a similar nature or, where violations are knowing violations,
not more than fifteen thousand dollars ($15,000), in addition to any other penalties provided
by law, including, but not limited to, revocation of any licenses...
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27-2-26
Section 27-2-26 Witnesses and evidence for examination, investigation or hearing - Generally.
(a) As to the subject of any examination, investigation, or hearing being conducted by him,
the commissioner may subpoena witnesses and administer oaths or affirmations and examine any
individual under oath or take depositions and, by subpoena duces tecum, may require and compel
the production of records, books, files, documents, and other evidence. (b) Witness fees and
mileage, if claimed, shall be allowed the same as for testimony in a circuit court. Witness
fees, mileage, and the actual expense necessarily incurred in securing attendance of witnesses
and their testimony shall be itemized and shall be paid by the person being examined if in
the proceedings in which such witness is called such person is found to have been in violation
of the law or by the person, if other than the commissioner, at whose request the hearing
is held. (c) Subpoenas of witnesses shall be served in the same manner...
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