72 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 3.1mailed to the borrower. A forward commitment is deemed to be issued on the date the |
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73 | | - | 3.2forward commitment is hand delivered by the lender to, or mailed to the person paying the |
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74 | | - | 3.3forward commitment fee to the lender, or to any one of them if there should be more than |
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75 | | - | 3.4one. A commitment for a contract for deed is deemed to be issued on the date the commitment |
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76 | | - | 3.5is initially executed by the contract for deed vendor or the vendor's authorized agent. |
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77 | | - | 3.6 (e) A contract for deed executed pursuant to a commitment for a contract for deed, or a |
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78 | | - | 3.7loan made pursuant to a borrower's interest rate commitment, or made pursuant to a |
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79 | | - | 3.8borrower's loan commitment, or made pursuant to a forward commitment for conventional |
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80 | | - | 3.9or cooperative apartment loans made upon payment of a forward commitment fee including |
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81 | | - | 3.10a borrower's loan commitment issued pursuant to a forward commitment at a rate of interest |
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82 | | - | 3.11not in excess of the rate of interest authorized by this subdivision at the time the commitment |
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83 | | - | 3.12was made continues to be enforceable in accordance with its terms until the indebtedness |
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84 | | - | 3.13is fully satisfied. |
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85 | | - | 3.14 Sec. 2. Minnesota Statutes 2024, section 60D.09, is amended by adding a subdivision to |
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86 | | - | 3.15read: |
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87 | | - | 3.16 Subd. 6.Other violations.If the commissioner believes a person has committed a |
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88 | | - | 3.17violation of section 60D.17 that prevents the full understanding of the enterprise risk to the |
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89 | | - | 3.18insurer by affiliates or by the insurance holding company system, the violation may serve |
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90 | | - | 3.19as an independent basis for disapproving dividends or distributions and for placing the |
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91 | | - | 3.20insurer under an order of supervision under chapter 60B. |
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92 | | - | 3.21 Sec. 3. Minnesota Statutes 2024, section 60D.15, subdivision 4, is amended to read: |
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93 | | - | 3.22 Subd. 4.Control.The term "control," including the terms "controlling," "controlled |
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94 | | - | 3.23by," and "under common control with," means the possession, direct or indirect, of the |
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95 | | - | 3.24power to direct or cause the direction of the management and policies of a person, whether |
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96 | | - | 3.25through the ownership of voting securities, by contract other than a commercial contract |
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97 | | - | 3.26for goods or nonmanagement services, or otherwise, unless the power is the result of an |
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98 | | - | 3.27official position with, or corporate office held by, or court appointment of, the person. |
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99 | | - | 3.28Control is presumed to exist if any person, directly or indirectly, owns, controls, holds with |
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100 | | - | 3.29the power to vote, or holds proxies representing, ten percent or more of the voting securities |
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101 | | - | 3.30of any other person. This presumption may be rebutted by a showing made in the manner |
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102 | | - | 3.31provided by section 60D.19, subdivision 11, that control does not exist in fact. The |
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103 | | - | 3.32commissioner may determine, after furnishing all persons in interest notice and opportunity |
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104 | | - | 3Sec. 3. |
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105 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 4.1to be heard and making specific findings of fact to support such the determination, that |
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106 | | - | 4.2control exists in fact, notwithstanding the absence of a presumption to that effect. |
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107 | | - | 4.3 Sec. 4. Minnesota Statutes 2024, section 60D.15, is amended by adding a subdivision to |
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108 | | - | 4.4read: |
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109 | | - | 4.5 Subd. 4c.Group capital calculation instructions."Group capital calculation |
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110 | | - | 4.6instructions" means the group capital calculation instructions adopted by the NAIC and as |
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111 | | - | 4.7amended by the NAIC from time to time in accordance with procedures adopted by the |
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112 | | - | 4.8NAIC. |
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113 | | - | 4.9 Sec. 5. Minnesota Statutes 2024, section 60D.15, is amended by adding a subdivision to |
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114 | | - | 4.10read: |
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115 | | - | 4.11 Subd. 6b.NAIC."NAIC" means the National Association of Insurance Commissioners. |
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116 | | - | 4.12 Sec. 6. Minnesota Statutes 2024, section 60D.15, is amended by adding a subdivision to |
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117 | | - | 4.13read: |
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118 | | - | 4.14 Subd. 6c.NAIC liquidity stress test framework."NAIC liquidity stress test framework" |
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119 | | - | 4.15means a NAIC publication which includes a history of the NAIC's development of regulatory |
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120 | | - | 4.16liquidity stress testing, the scope criteria applicable for a specific data year, and the liquidity |
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121 | | - | 4.17stress test instructions and reporting templates for a specific data year, scope criteria, |
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122 | | - | 4.18instructions, and reporting template being adopted by the NAIC, and as amended by the |
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123 | | - | 4.19NAIC from time to time in accordance with the procedures adopted by the NAIC. |
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124 | | - | 4.20 Sec. 7. Minnesota Statutes 2024, section 60D.15, subdivision 7, is amended to read: |
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125 | | - | 4.21 Subd. 7.Person.A "person" is an individual, a corporation, a limited liability company, |
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126 | | - | 4.22a partnership, an association, a joint stock company, a trust, an unincorporated organization, |
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127 | | - | 4.23any similar entity or any combination of the foregoing acting in concert, but does not include |
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128 | | - | 4.24any joint venture partnership exclusively engaged in owning, managing, leasing, or |
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129 | | - | 4.25developing real or tangible personal property. |
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130 | | - | 4.26 Sec. 8. Minnesota Statutes 2024, section 60D.15, is amended by adding a subdivision to |
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131 | | - | 4.27read: |
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132 | | - | 4.28 Subd. 7a.Scope criteria."Scope criteria," as detailed in the NAIC liquidity stress test |
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133 | | - | 4.29framework, means the designated exposure bases along with minimum magnitudes of the |
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134 | | - | 4.30designated exposure bases for the specified data year that are used to establish a preliminary |
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135 | | - | 4Sec. 8. |
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136 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 5.1list of insurers considered scoped into the NAIC liquidity stress test framework for that data |
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137 | | - | 5.2year. |
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138 | | - | 5.3 Sec. 9. Minnesota Statutes 2024, section 60D.16, subdivision 2, is amended to read: |
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139 | | - | 5.4 Subd. 2.Additional investment authority.In addition to investments in common stock, |
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140 | | - | 5.5preferred stock, debt obligations, and other securities otherwise permitted under this chapter, |
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141 | | - | 5.6a domestic insurer may also: |
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142 | | - | 5.7 (a) Invest, in common stock, preferred stock, debt obligations, and other securities of |
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143 | | - | 5.8one or more subsidiaries, amounts that do not exceed the lesser of ten percent of the insurer's |
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144 | | - | 5.9assets or 50 percent of the insurer's surplus as regards policyholders, provided that after the |
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145 | | - | 5.10investments, the insurer's surplus as regards policyholders will be is reasonable in relation |
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146 | | - | 5.11to the insurer's outstanding liabilities and adequate to its financial needs. In calculating the |
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147 | | - | 5.12amount of these investments, investments in domestic or foreign insurance subsidiaries and |
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148 | | - | 5.13health maintenance organizations must be excluded, and there must be included: |
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149 | | - | 5.14 (1) total net money or other consideration expended and obligations assumed in the |
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150 | | - | 5.15acquisition or formation of a subsidiary, including all organizational expenses and |
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151 | | - | 5.16contributions to capital and surplus of the subsidiary whether or not represented by the |
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152 | | - | 5.17purchase of capital stock or issuance of other securities; and |
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153 | | - | 5.18 (2) all amounts expended in acquiring additional common stock, preferred stock, debt |
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154 | | - | 5.19obligations, and other securities; and all contributions to the capital or surplus, of a subsidiary |
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155 | | - | 5.20subsequent to its acquisition or formation. |
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156 | | - | 5.21 (b) Invest any amount in common stock, preferred stock, debt obligations, and other |
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157 | | - | 5.22securities of one or more subsidiaries engaged or organized to engage exclusively in the |
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158 | | - | 5.23ownership and management of assets authorized as investments for the insurer provided |
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159 | | - | 5.24that the subsidiary agrees to limit its investments in any asset so that the investments will |
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160 | | - | 5.25do not cause the amount of the total investment of the insurer to exceed any of the investment |
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161 | | - | 5.26limitations specified in paragraph (a) or other statutes applicable to the insurer. For the |
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162 | | - | 5.27purpose of this paragraph, "the total investment of the insurer" includes: |
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163 | | - | 5.28 (1) any direct investment by the insurer in an asset; and |
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164 | | - | 5.29 (2) the insurer's proportionate share of any investment in an asset by any subsidiary of |
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165 | | - | 5.30the insurer, which must be calculated by multiplying the amount of the subsidiary's |
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166 | | - | 5.31investment by the percentage of the ownership of the subsidiary. |
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167 | | - | 5.32 (c) With the approval of the commissioner, invest any greater amount in common stock, |
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168 | | - | 5.33preferred stock, debt obligations, or other securities of one or more subsidiaries, if after the |
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169 | | - | 5Sec. 9. |
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170 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 6.1investment the insurer's surplus as regards policyholders will be is reasonable in relation to |
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171 | | - | 6.2the insurer's outstanding liabilities and adequate to its financial needs. |
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172 | | - | 6.3 Sec. 10. Minnesota Statutes 2024, section 60D.17, subdivision 1, is amended to read: |
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173 | | - | 6.4 Subdivision 1.Filing requirements.(a) No person other than the issuer shall: (1) make |
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174 | | - | 6.5a tender offer for or a request or invitation for tenders of, or enter into any agreement to |
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175 | | - | 6.6exchange securities or for, seek to acquire, or acquire, in the open market or otherwise, any |
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176 | | - | 6.7voting security of a domestic insurer if, after the consummation thereof, the person would, |
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177 | | - | 6.8directly or indirectly, or by conversion or by exercise of any right to acquire, be in control |
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178 | | - | 6.9of the insurer; or (2) enter into an agreement to merge with or otherwise to acquire control |
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179 | | - | 6.10of a domestic insurer or any person controlling a domestic insurer unless, at the time the |
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180 | | - | 6.11offer, request, or invitation is made or the agreement is entered into, or before the acquisition |
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181 | | - | 6.12of the securities if no offer or agreement is involved, the person has filed with the |
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182 | | - | 6.13commissioner and has sent to the insurer, a statement containing the information required |
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183 | | - | 6.14by this section and the offer, request, invitation, agreement, or acquisition has been approved |
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184 | | - | 6.15by the commissioner in the manner prescribed in this section. |
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185 | | - | 6.16 (b) For purposes of this section, a controlling person of a domestic insurer seeking to |
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186 | | - | 6.17divest its controlling interest in the domestic insurer, in any manner, shall file with the |
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187 | | - | 6.18commissioner, with a copy to the insurer, confidential notice of its proposed divestiture at |
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188 | | - | 6.19least 30 days before the cessation of control. The commissioner shall determine those |
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189 | | - | 6.20instances in which the party or parties seeking to divest or to acquire a controlling interest |
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190 | | - | 6.21in an insurer will be required to file for and obtain approval of the transaction. The |
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191 | | - | 6.22information must remain confidential until the conclusion of the transaction unless the |
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192 | | - | 6.23commissioner, in the commissioner's discretion, determines that confidential treatment |
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193 | | - | 6.24interferes with the enforcement of this section. This paragraph does not apply if the statement |
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194 | | - | 6.25referred to in paragraph (a) is otherwise filed. |
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195 | | - | 6.26 (c) With respect to a transaction subject to this section, the acquiring person must also |
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196 | | - | 6.27file a preacquisition notification with the commissioner, which must contain the information |
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197 | | - | 6.28set forth in section 60D.18, subdivision 3, paragraph (b). A failure to file the notification |
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198 | | - | 6.29may be subject to penalties specified in section 60D.18, subdivision 5. |
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199 | | - | 6.30 (d) For purposes of this section, a domestic insurer includes a person controlling a |
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200 | | - | 6.31domestic insurer unless the person, as determined by the commissioner, is either directly |
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201 | | - | 6.32or through its affiliates primarily engaged in business other than the business of insurance. |
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202 | | - | 6.33For the purposes of this section, "person" does not include any securities broker holding, |
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203 | | - | 6Sec. 10. |
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204 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 7.1in the usual and customary brokers broker's function, less than 20 percent of the voting |
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205 | | - | 7.2securities of an insurance company or of any person that controls an insurance company. |
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206 | | - | 7.3 (e) The statement filed with the commissioner pursuant to subdivisions 1 and 2 must |
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207 | | - | 7.4remain confidential until the transaction is approved by the commissioner, except that all |
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208 | | - | 7.5attachments filed with the statement remain confidential after the approval unless the |
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209 | | - | 7.6commissioner, in the commissioner's discretion, determines that confidential treatment of |
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210 | | - | 7.7any of this information will interfere with enforcement of this section. |
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211 | | - | 7.8 Sec. 11. Minnesota Statutes 2024, section 60D.18, subdivision 3, is amended to read: |
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212 | | - | 7.9 Subd. 3.Preacquisition notification; waiting period.(a) An acquisition covered by |
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213 | | - | 7.10subdivision 2 may be subject to an order pursuant to subdivision 4 5 unless the acquiring |
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214 | | - | 7.11person files a preacquisition notification and the waiting period has expired. The acquired |
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215 | | - | 7.12person may file a preacquisition notification. The commissioner shall give confidential |
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216 | | - | 7.13treatment to information submitted under this section in the same manner as provided in |
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217 | | - | 7.14section 60D.22. |
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218 | | - | 7.15 (b) The preacquisition notification must be in the form and contain the information as |
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219 | | - | 7.16prescribed by the National Association of Insurance Commissioners relating to those markets |
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220 | | - | 7.17that, under subdivision 2, paragraph (b), clause (5) (4), cause the acquisition not to be |
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221 | | - | 7.18exempted from the provisions of this section. The commissioner may require the additional |
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222 | | - | 7.19material and information as the commissioner deems necessary to determine whether the |
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223 | | - | 7.20proposed acquisition, if consummated, would violate the competitive standard of subdivision |
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224 | | - | 7.214. The required information may include an opinion of an economist as to the competitive |
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225 | | - | 7.22impact of the acquisition in this state accompanied by a summary of the education and |
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226 | | - | 7.23experience of the person indicating that person's ability to render an informed opinion. |
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227 | | - | 7.24 (c) The waiting period required begins on the date of receipt of the commissioner of a |
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228 | | - | 7.25preacquisition notification and ends on the earlier of the 30th day after the date of its receipt, |
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229 | | - | 7.26or termination of the waiting period by the commissioner. Before the end of the waiting |
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230 | | - | 7.27period, the commissioner on a onetime basis may require the submission of additional |
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231 | | - | 7.28needed information relevant to the proposed acquisition, in which event the waiting period |
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232 | | - | 7.29shall end on the earlier of the 30th day after receipt of the additional information by the |
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233 | | - | 7.30commissioner or termination of the waiting period by the commissioner. |
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234 | | - | 7.31 Sec. 12. Minnesota Statutes 2024, section 60D.19, subdivision 4, is amended to read: |
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235 | | - | 7.32 Subd. 4.Materiality.No information need be disclosed on the registration statement |
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236 | | - | 7.33filed pursuant to subdivision 2 if the information is not material for the purposes of this |
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237 | | - | 7Sec. 12. |
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238 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 8.1section. Unless the commissioner by rule or order provides otherwise; sales, purchases, |
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239 | | - | 8.2exchanges, loans or extensions of credit, investments, or guarantees involving one-half of |
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240 | | - | 8.3one percent or less of an insurer's admitted assets as of the 31st day of December next |
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241 | | - | 8.4preceding shall not be deemed material for purposes of this section. The definition of |
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242 | | - | 8.5materiality provided in this subdivision does not apply for purposes of the group capital |
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243 | | - | 8.6calculation or the NAIC liquidity stress test framework. |
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244 | | - | 8.7 Sec. 13. Minnesota Statutes 2024, section 60D.19, is amended by adding a subdivision to |
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245 | | - | 8.8read: |
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246 | | - | 8.9 Subd. 11b.Group capital calculation.(a) Except as otherwise provided in this paragraph, |
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247 | | - | 8.10the ultimate controlling person of every insurer subject to registration must concurrently |
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248 | | - | 8.11file with the registration an annual group capital calculation as directed by the lead state |
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249 | | - | 8.12insurance commissioner. The report must be completed in accordance with the NAIC group |
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250 | | - | 8.13capital calculation instructions, which may permit the lead state insurance commissioner |
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251 | | - | 8.14to allow a controlling person that is not the ultimate controlling person to file the group |
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252 | | - | 8.15capital calculation. The report must be filed with the lead state insurance commissioner of |
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253 | | - | 8.16the insurance holding company system, as determined by the commissioner in accordance |
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254 | | - | 8.17with the procedures within the Financial Analysis Handbook adopted by the NAIC. The |
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255 | | - | 8.18following insurance holding company systems are exempt from filing the group capital |
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256 | | - | 8.19calculation: |
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257 | | - | 8.20 (1) an insurance holding company system that (i) has only one insurer within the insurance |
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258 | | - | 8.21holding company system's holding company structure, (ii) only writes business and is only |
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259 | | - | 8.22licensed in the insurance holding company system's domestic state, and (iii) assumes no |
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260 | | - | 8.23business from any other insurer; |
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261 | | - | 8.24 (2) an insurance holding company system that is required to perform a group capital |
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262 | | - | 8.25calculation specified by the United States Federal Reserve Board. The lead state insurance |
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263 | | - | 8.26commissioner must request the calculation from the Federal Reserve Board under the terms |
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264 | | - | 8.27of information sharing agreements in effect. If the Federal Reserve Board is unable to share |
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265 | | - | 8.28the calculation with the lead state insurance commissioner, the insurance holding company |
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266 | | - | 8.29system is not exempt from the group capital calculation filing; |
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267 | | - | 8.30 (3) an insurance holding company system whose non-United States groupwide supervisor |
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268 | | - | 8.31is located within a reciprocal jurisdiction as described in section 60A.092, subdivision 10b, |
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269 | | - | 8.32that recognizes the United States state regulatory approach to group supervision and group |
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270 | | - | 8.33capital; or |
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271 | | - | 8.34 (4) an insurance holding company system: |
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272 | | - | 8Sec. 13. |
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273 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 9.1 (i) that provides information to the lead state insurance commissioner that meets the |
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274 | | - | 9.2requirements for accreditation under the NAIC financial standards and accreditation program, |
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275 | | - | 9.3either directly or indirectly through the groupwide supervisor, that has determined the |
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276 | | - | 9.4information is satisfactory to allow the lead state insurance commissioner to comply with |
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277 | | - | 9.5the NAIC group supervision approach, as detailed in the NAIC Financial Analysis Handbook; |
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278 | | - | 9.6and |
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279 | | - | 9.7 (ii) whose non-United States groupwide supervisor that is not in a reciprocal jurisdiction |
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280 | | - | 9.8recognizes and accepts, as specified by the commissioner in an administrative rule, the |
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281 | | - | 9.9group capital calculation as the worldwide group capital assessment for United States |
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282 | | - | 9.10insurance groups that operate in that jurisdiction. |
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283 | | - | 9.11 (b) Notwithstanding paragraph (a), clauses (3) and (4), a lead state insurance |
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284 | | - | 9.12commissioner must require the group capital calculation for the United States operations |
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285 | | - | 9.13of any non-United States based insurance holding company system where, after any necessary |
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286 | | - | 9.14consultation with other supervisors or officials, requiring the group capital calculation is |
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287 | | - | 9.15deemed appropriate by the lead state insurance commissioner for prudential oversight and |
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288 | | - | 9.16solvency monitoring purposes or for ensuring the competitiveness of the insurance |
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289 | | - | 9.17marketplace. |
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290 | | - | 9.18 (c) Notwithstanding the exemptions from filing the group capital calculation under |
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291 | | - | 9.19paragraph (a), the lead state insurance commissioner may exempt the ultimate controlling |
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292 | | - | 9.20person from filing the annual group capital calculation or accept a limited group capital |
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293 | | - | 9.21filing or report in accordance with criteria specified by the commissioner in an administrative |
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294 | | - | 9.22rule. |
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295 | | - | 9.23 (d) If the lead state insurance commissioner determines that an insurance holding company |
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296 | | - | 9.24system no longer meets one or more of the requirements for an exemption from filing the |
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297 | | - | 9.25group capital calculation under this subdivision, the insurance holding company system |
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298 | | - | 9.26must file the group capital calculation at the next annual filing date unless given an extension |
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299 | | - | 9.27by the lead state insurance commissioner based on reasonable grounds shown. |
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300 | | - | 9.28 Sec. 14. Minnesota Statutes 2024, section 60D.19, is amended by adding a subdivision to |
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301 | | - | 9.29read: |
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302 | | - | 9.30 Subd. 11c.Liquidity stress test.(a) The ultimate controlling person of every insurer |
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303 | | - | 9.31subject to registration and also scoped into the NAIC liquidity stress test framework must |
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304 | | - | 9.32file the results of a specific year's liquidity stress test. The filing must be made to the lead |
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305 | | - | 9.33state insurance commissioner of the insurance holding company system, as determined by |
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306 | | - | 9.34the procedures within the Financial Analysis Handbook adopted by the NAIC. |
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307 | | - | 9Sec. 14. |
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308 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 10.1 (b) The NAIC liquidity stress test framework includes scope criteria applicable to a |
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309 | | - | 10.2specific data year. The scope criteria must be reviewed at least annually by the NAIC |
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310 | | - | 10.3Financial Stability Task Force or the NAIC Financial Stability Task Force's successor. Any |
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311 | | - | 10.4change made to the NAIC liquidity stress test framework or to the data year for which the |
---|
312 | | - | 10.5scope criteria must be measured is effective January 1 of the year following the calendar |
---|
313 | | - | 10.6year in which the change is adopted. An insurer meeting at least one threshold of the scope |
---|
314 | | - | 10.7criteria is scoped into the NAIC liquidity stress test framework for the specified data year |
---|
315 | | - | 10.8unless the lead state insurance commissioner, in consultation with the NAIC Financial |
---|
316 | | - | 10.9Stability Task Force or the NAIC Financial Stability Task Force's successor, determines |
---|
317 | | - | 10.10the insurer should not be scoped into the framework for that data year. An insurer that does |
---|
318 | | - | 10.11not trigger at least one threshold of the scope criteria is scoped out of the NAIC liquidity |
---|
319 | | - | 10.12stress test framework for the specified data year unless the lead state insurance commissioner, |
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320 | | - | 10.13in consultation with the NAIC Financial Stability Task Force or the NAIC Financial Stability |
---|
321 | | - | 10.14Task Force's successor, determines the insurer should be scoped into the framework for the |
---|
322 | | - | 10.15specified data year. |
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323 | | - | 10.16 (c) The commissioner and other state insurance commissioners must avoid scoping |
---|
324 | | - | 10.17insurers in and out of the NAIC liquidity stress test framework on a frequent basis. The lead |
---|
325 | | - | 10.18state insurance commissioner, in consultation with the NAIC Financial Stability Task Force |
---|
326 | | - | 10.19or the NAIC Financial Stability Task Force's successor, must assess irregular scope status |
---|
327 | | - | 10.20as part of an insurer's determination. |
---|
328 | | - | 10.21 (d) The performance of and filing of the results from a specific year's liquidity stress |
---|
329 | | - | 10.22test must comply with (1) the NAIC liquidity stress test framework's instructions and |
---|
330 | | - | 10.23reporting templates for the specific year, and (2) any lead state insurance commissioner |
---|
331 | | - | 10.24determinations, in consultation with the NAIC Financial Stability Task Force or the NAIC |
---|
332 | | - | 10.25Financial Stability Task Force's successor, provided within the framework. |
---|
333 | | - | 10.26Sec. 15. [60D.195] GROUP CAPITAL CALCULATION. |
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334 | | - | 10.27 Subdivision 1.Annual group capital calculation; exemption permitted.The lead |
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335 | | - | 10.28state insurance commissioner may exempt the ultimate controlling person from filing the |
---|
336 | | - | 10.29annual group capital calculation if the lead state insurance commissioner makes a |
---|
337 | | - | 10.30determination that the insurance holding company system meets the following criteria: |
---|
338 | | - | 10.31 (1) has annual direct written and unaffiliated assumed premium, including international |
---|
339 | | - | 10.32direct and assumed premium but excluding premiums reinsured with the Federal Crop |
---|
340 | | - | 10.33Insurance Corporation and Federal Flood Program, of less than $1,000,000,000; |
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341 | | - | 10Sec. 15. |
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342 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 11.1 (2) has no insurers within the insurance holding company's structure that are domiciled |
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343 | | - | 11.2outside of the United States or a United States territory; |
---|
344 | | - | 11.3 (3) has no banking, depository, or other financial entity that is subject to an identified |
---|
345 | | - | 11.4regulatory capital framework within the insurance holding company's structure; |
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346 | | - | 11.5 (4) attests that no material changes in the transactions between insurers and noninsurers |
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347 | | - | 11.6in the group have occurred since the last annual group capital filing; and |
---|
348 | | - | 11.7 (5) the noninsurers within the holding company system do not pose a material financial |
---|
349 | | - | 11.8risk to the insurer's ability to honor policyholder obligations. |
---|
350 | | - | 11.9 Subd. 2.Limited group capital filing.The lead state insurance commissioner may |
---|
351 | | - | 11.10accept a limited group capital filing in lieu of the group capital calculation if: |
---|
352 | | - | 11.11 (1) the insurance holding company system has annual direct written and unaffiliated |
---|
353 | | - | 11.12assumed premium, including international direct and assumed premium but excluding |
---|
354 | | - | 11.13premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, |
---|
355 | | - | 11.14of less than $1,000,000,000; and |
---|
356 | | - | 11.15 (2) the insurance holding company system: |
---|
357 | | - | 11.16 (i) has no insurers within the insurance holding company's structure that are domiciled |
---|
358 | | - | 11.17outside of the United States or a United States territory; |
---|
359 | | - | 11.18 (ii) does not include a banking, depository, or other financial entity that is subject to an |
---|
360 | | - | 11.19identified regulatory capital framework; and |
---|
361 | | - | 11.20 (iii) attests that no material changes in transactions between insurers and noninsurers in |
---|
362 | | - | 11.21the group have occurred and the noninsurers within the holding company system do not |
---|
363 | | - | 11.22pose a material financial risk to the insurer's ability to honor policyholder obligations. |
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364 | | - | 11.23 Subd. 3.Previous exemption; required filing.For an insurance holding company that |
---|
365 | | - | 11.24has previously met an exemption with respect to the group capital calculation under |
---|
366 | | - | 11.25subdivision 1 or 2, the lead state insurance commissioner may at any time require the ultimate |
---|
367 | | - | 11.26controlling person to file an annual group capital calculation, completed in accordance with |
---|
368 | | - | 11.27the NAIC group capital calculation instructions, if: |
---|
369 | | - | 11.28 (1) an insurer within the insurance holding company system is in a risk-based capital |
---|
370 | | - | 11.29action level event under section 60A.62 or a similar standard for a non-United States insurer; |
---|
371 | | - | 11.30 (2) an insurer within the insurance holding company system meets one or more of the |
---|
372 | | - | 11.31standards of an insurer deemed to be in hazardous financial condition, as defined under |
---|
373 | | - | 11.32section 60E.02, subdivision 5; or |
---|
374 | | - | 11Sec. 15. |
---|
375 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 12.1 (3) an insurer within the insurance holding company system otherwise exhibits qualities |
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376 | | - | 12.2of a troubled insurer, as determined by the lead state insurance commissioner based on |
---|
377 | | - | 12.3unique circumstances, including but not limited to the type and volume of business written, |
---|
378 | | - | 12.4ownership and organizational structure, federal agency requests, and international supervisor |
---|
379 | | - | 12.5requests. |
---|
380 | | - | 12.6 Subd. 4.Non-United States jurisdictions; recognition and acceptance.A non-United |
---|
381 | | - | 12.7States jurisdiction is deemed to recognize and accept the group capital calculation if the |
---|
382 | | - | 12.8non-United States jurisdiction: |
---|
383 | | - | 12.9 (1) with respect to section 60D.19, subdivision 11b, paragraph (a), clause (4): |
---|
384 | | - | 12.10 (i) recognizes the United States state regulatory approach to group supervision and group |
---|
385 | | - | 12.11capital by providing confirmation by a competent regulatory authority in the non-United |
---|
386 | | - | 12.12States jurisdiction that insurers and insurance groups whose lead state is accredited by the |
---|
387 | | - | 12.13NAIC under the NAIC accreditation program: (A) are subject only to worldwide prudential |
---|
388 | | - | 12.14insurance group supervision, including worldwide group governance, solvency and capital, |
---|
389 | | - | 12.15and reporting, as applicable, by the lead state; and (B) are not subject to group supervision, |
---|
390 | | - | 12.16including worldwide group governance, solvency and capital, and reporting, at the level of |
---|
391 | | - | 12.17the worldwide parent undertaking of the insurance or reinsurance group by the non-United |
---|
392 | | - | 12.18States jurisdiction; or |
---|
393 | | - | 12.19 (ii) if no United States insurance group operates in the non-United States jurisdiction, |
---|
394 | | - | 12.20indicates formally in writing to the lead state with a copy to the International Association |
---|
395 | | - | 12.21of Insurance Supervisors that the group capital calculation is an acceptable international |
---|
396 | | - | 12.22capital standard. The formal indication under this item serves as the documentation otherwise |
---|
397 | | - | 12.23required under item (i); and |
---|
398 | | - | 12.24 (2) provides confirmation by a competent regulatory authority in the non-United States |
---|
399 | | - | 12.25jurisdiction that information regarding an insurer and the insurer's parent, subsidiary, or |
---|
400 | | - | 12.26affiliated entities, if applicable, must be provided to the lead state insurance commissioner |
---|
401 | | - | 12.27in accordance with a memorandum of understanding or similar document between the |
---|
402 | | - | 12.28commissioner and the non-United States jurisdiction, including but not limited to the |
---|
403 | | - | 12.29International Association of Insurance Supervisors Multilateral Memorandum of |
---|
404 | | - | 12.30Understanding or other multilateral memoranda of understanding coordinated by the NAIC. |
---|
405 | | - | 12.31The commissioner must determine, in consultation with the NAIC committee process, if |
---|
406 | | - | 12.32the information sharing agreement requirements are effective. |
---|
407 | | - | 12.33 Subd. 5.Non-United States jurisdiction; publication.(a) A list of non-United States |
---|
408 | | - | 12.34jurisdictions that recognize and accept the group capital calculation under section 60D.19, |
---|
409 | | - | 12Sec. 15. |
---|
410 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 13.1subdivision 11b, paragraph (a), clause (4), must be published through the NAIC committee |
---|
411 | | - | 13.2process to assist the lead state insurance commissioner determine what insurers must file |
---|
412 | | - | 13.3an annual group capital calculation. The list must clarify the situations in which a jurisdiction |
---|
413 | | - | 13.4is exempt from filing under section 60D.19, subdivision 11b, paragraph (a), clause (4). To |
---|
414 | | - | 13.5assist with a determination under section 60D.19, subdivision 11b, paragraph (b), the list |
---|
415 | | - | 13.6must also identify whether a jurisdiction that is exempt under section 60D.19, subdivision |
---|
416 | | - | 13.711b, paragraph (a), clause (3) or (4), requires a group capital filing for any United States |
---|
417 | | - | 13.8insurance group's operations in the non-United States jurisdiction. |
---|
418 | | - | 13.9 (b) For a non-United States jurisdiction where no United States insurance group operates, |
---|
419 | | - | 13.10the confirmation provided to comply with subdivision 4, clause (1), item (ii), serves as |
---|
420 | | - | 13.11support for a recommendation to be published that the non-United States jurisdiction is a |
---|
421 | | - | 13.12jurisdiction that recognizes and accepts the group capital calculation pursuant to the NAIC |
---|
422 | | - | 13.13committee process. |
---|
423 | | - | 13.14 (c) If the lead state insurance commissioner makes a determination pursuant to section |
---|
424 | | - | 13.1560D.19, subdivision 11b, that differs from the NAIC list, the lead state insurance |
---|
425 | | - | 13.16commissioner must provide thoroughly documented justification to the NAIC and other |
---|
426 | | - | 13.17states. |
---|
427 | | - | 13.18 (d) Upon a determination by the lead state insurance commissioner that a non-United |
---|
428 | | - | 13.19States jurisdiction no longer meets one or more of the requirements to recognize and accept |
---|
429 | | - | 13.20the group capital calculation, the lead state insurance commissioner may provide a |
---|
430 | | - | 13.21recommendation to the NAIC that the non-United States jurisdiction be removed from the |
---|
431 | | - | 13.22list of jurisdictions that recognize and accept the group capital calculation. |
---|
432 | | - | 13.23Sec. 16. Minnesota Statutes 2024, section 60D.20, subdivision 1, is amended to read: |
---|
433 | | - | 13.24 Subdivision 1.Transactions within an insurance holding company system.(a) |
---|
434 | | - | 13.25Transactions within an insurance holding company system to which an insurer subject to |
---|
435 | | - | 13.26registration is a party are subject to the following standards: |
---|
436 | | - | 13.27 (1) the terms shall be fair and reasonable; |
---|
437 | | - | 13.28 (2) agreements for cost-sharing services and management shall include the provisions |
---|
438 | | - | 13.29required by rule issued by the commissioner; |
---|
439 | | - | 13.30 (3) charges or fees for services performed shall be reasonable; |
---|
440 | | - | 13.31 (4) expenses incurred and payment received shall be allocated to the insurer in conformity |
---|
441 | | - | 13.32with customary insurance accounting practices consistently applied; |
---|
442 | | - | 13Sec. 16. |
---|
443 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 14.1 (5) the books, accounts, and records of each party to all such transactions shall be so |
---|
444 | | - | 14.2maintained as to clearly and accurately disclose the nature and details of the transactions |
---|
445 | | - | 14.3including this accounting information as is necessary to support the reasonableness of the |
---|
446 | | - | 14.4charges or fees to the respective parties; and |
---|
447 | | - | 14.5 (6) the insurer's surplus as regards policyholders following any dividends or distributions |
---|
448 | | - | 14.6to shareholder affiliates shall be reasonable in relation to the insurer's outstanding liabilities |
---|
449 | | - | 14.7and adequate to its financial needs.; |
---|
450 | | - | 14.8 (7) if the commissioner determines an insurer subject to this chapter is in a hazardous |
---|
451 | | - | 14.9financial condition, as defined under section 60E.02, subdivision 5, or a condition that would |
---|
452 | | - | 14.10be grounds for supervision, conservation, or a delinquency proceeding, the commissioner |
---|
453 | | - | 14.11may require the insurer to secure and maintain either a deposit, held by the commissioner, |
---|
454 | | - | 14.12or a bond, as determined by the insurer at the insurer's discretion, to protect the insurer for |
---|
455 | | - | 14.13the duration of the contract, agreement, or the existence of the condition for which the |
---|
456 | | - | 14.14commissioner required the deposit or bond. When determining whether a deposit or bond |
---|
457 | | - | 14.15is required, the commissioner must consider whether concerns exist with respect to the |
---|
458 | | - | 14.16affiliated person's ability to fulfill the contract or agreement if the insurer entered into |
---|
459 | | - | 14.17liquidation. Once the insurer is deemed to be in a hazardous financial condition or a condition |
---|
460 | | - | 14.18that would be grounds for supervision, conservation, or a delinquency proceeding, and a |
---|
461 | | - | 14.19deposit or bond is necessary, the commissioner may determine the amount of the deposit |
---|
462 | | - | 14.20or bond, not to exceed the value of the contract or agreement in any one year, and whether |
---|
463 | | - | 14.21the deposit or bond is required for a single contract, multiple contracts, or a contract only |
---|
464 | | - | 14.22with a specific person or persons; |
---|
465 | | - | 14.23 (8) all of an insurer's records and data held by an affiliate are and remain the property |
---|
466 | | - | 14.24of the insurer, are subject to control of the insurer, are identifiable, and are segregated or |
---|
467 | | - | 14.25readily capable of segregation, at no additional cost to the insurer, from all other persons' |
---|
468 | | - | 14.26records and data. For purposes of this clause, records and data include all records and data |
---|
469 | | - | 14.27that are otherwise the property of the insurer in whatever form maintained, including but |
---|
470 | | - | 14.28not limited to claims and claim files, policyholder lists, application files, litigation files, |
---|
471 | | - | 14.29premium records, rate books, underwriting manuals, personnel records, financial records, |
---|
472 | | - | 14.30or similar records within the affiliate's possession, custody, or control. At the request of the |
---|
473 | | - | 14.31insurer, the affiliate must provide that the receiver may (i) obtain a complete set of all records |
---|
474 | | - | 14.32of any type that pertain to the insurer's business, (ii) obtain access to the operating systems |
---|
475 | | - | 14.33on which the data are maintained, (iii) obtain the software that runs the operating systems |
---|
476 | | - | 14.34either through assumption of licensing agreements or otherwise, and (iv) restrict the use of |
---|
477 | | - | 14.35the data by the affiliate if the affiliate is not operating the insurer's business. The affiliate |
---|
478 | | - | 14Sec. 16. |
---|
479 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 15.1must provide a waiver of any landlord lien or other encumbrance to provide the insurer |
---|
480 | | - | 15.2access to all records and data in the event the affiliate defaults under a lease or other |
---|
481 | | - | 15.3agreement; and |
---|
482 | | - | 15.4 (9) premiums or other funds belonging to the insurer that are collected or held by an |
---|
483 | | - | 15.5affiliate are the exclusive property of the insurer and are subject to the control of the insurer. |
---|
484 | | - | 15.6Any right of offset in the event an insurer is placed into receivership is subject to chapter |
---|
485 | | - | 15.7576. |
---|
486 | | - | 15.8 (b) The following transactions involving a domestic insurer and any person in its |
---|
487 | | - | 15.9insurance holding company system, including amendments or modifications of affiliate |
---|
488 | | - | 15.10agreements previously filed pursuant to this section, which are subject to any materiality |
---|
489 | | - | 15.11standards contained in clauses (1) to (7), may not be entered into unless the insurer has |
---|
490 | | - | 15.12notified the commissioner in writing of its intention to enter into the transaction at least 30 |
---|
491 | | - | 15.13days prior thereto, or a shorter period the commissioner permits, and the commissioner has |
---|
492 | | - | 15.14not disapproved it within this period. The notice for amendments or modifications must |
---|
493 | | - | 15.15include the reasons for the change and the financial impact on the domestic insurer. Informal |
---|
494 | | - | 15.16notice must be reported, within 30 days after a termination of a previously filed agreement, |
---|
495 | | - | 15.17to the commissioner for determination of the type of filing required, if any: |
---|
496 | | - | 15.18 (1) sales, purchases, exchanges, loans or extensions of credit, guarantees, or investments |
---|
497 | | - | 15.19provided the transactions are equal to or exceed: (i) with respect to nonlife insurers, the |
---|
498 | | - | 15.20lesser of three percent of the insurer's admitted assets, or 25 percent of surplus as regards |
---|
499 | | - | 15.21policyholders; (ii) with respect to life insurers, three percent of the insurer's admitted assets; |
---|
500 | | - | 15.22each as of the 31st day of December next preceding; |
---|
501 | | - | 15.23 (2) loans or extensions of credit to any person who is not an affiliate, where the insurer |
---|
502 | | - | 15.24makes the loans or extensions of credit with the agreement or understanding that the proceeds |
---|
503 | | - | 15.25of the transactions, in whole or in substantial part, are to be used to make loans or extensions |
---|
504 | | - | 15.26of credit to, to purchase assets of, or to make investments in, any affiliate of the insurer |
---|
505 | | - | 15.27making such loans or extensions of credit provided the transactions are equal to or exceed: |
---|
506 | | - | 15.28(i) with respect to nonlife insurers, the lesser of three percent of the insurer's admitted assets |
---|
507 | | - | 15.29or 25 percent of surplus as regards policyholders; (ii) with respect to life insurers, three |
---|
508 | | - | 15.30percent of the insurer's admitted assets; each as of the 31st day of December next preceding; |
---|
509 | | - | 15.31 (3) reinsurance agreements or modifications to those agreements, including: (i) all |
---|
510 | | - | 15.32reinsurance pooling agreements; and (ii) agreements in which the reinsurance premium or |
---|
511 | | - | 15.33a change in the insurer's liabilities, or the projected reinsurance premium or a change in the |
---|
512 | | - | 15.34insurer's liabilities in any of the next three years, equals or exceeds five percent of the |
---|
513 | | - | 15Sec. 16. |
---|
514 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 16.1insurer's surplus as regards policyholders, as of the 31st day of December next preceding, |
---|
515 | | - | 16.2including those agreements which may require as consideration the transfer of assets from |
---|
516 | | - | 16.3an insurer to a nonaffiliate, if an agreement or understanding exists between the insurer and |
---|
517 | | - | 16.4nonaffiliate that any portion of such the assets will be transferred to one or more affiliates |
---|
518 | | - | 16.5of the insurer; |
---|
519 | | - | 16.6 (4) all management agreements, service contracts, tax allocation agreements, guarantees, |
---|
520 | | - | 16.7and all cost-sharing arrangements; |
---|
521 | | - | 16.8 (5) guarantees when made by a domestic insurer; provided, however, that a guarantee |
---|
522 | | - | 16.9which is quantifiable as to amount is not subject to the notice requirements of this paragraph |
---|
523 | | - | 16.10unless it exceeds the lesser of one-half of one percent of the insurer's admitted assets or ten |
---|
524 | | - | 16.11percent of surplus as regards policyholders as of the 31st day of December next preceding. |
---|
525 | | - | 16.12Further, all guarantees which are not quantifiable as to amount are subject to the notice |
---|
526 | | - | 16.13requirements of this paragraph; |
---|
527 | | - | 16.14 (6) direct or indirect acquisitions or investments in a person that controls the insurer or |
---|
528 | | - | 16.15in an affiliate of the insurer in an amount which, together with its present holdings in the |
---|
529 | | - | 16.16investments, exceeds 2-1/2 percent of the insurer's surplus to policyholders. Direct or indirect |
---|
530 | | - | 16.17acquisitions or investments in subsidiaries acquired pursuant to section 60D.16, as otherwise |
---|
531 | | - | 16.18authorized under this chapter, or in nonsubsidiary insurance affiliates that are subject to the |
---|
532 | | - | 16.19provisions of sections 60D.15 to 60D.29, are exempt from this requirement; and |
---|
533 | | - | 16.20 (7) any material transactions, specified by regulation, which the commissioner determines |
---|
534 | | - | 16.21may adversely affect the interests of the insurer's policyholders. |
---|
535 | | - | 16.22 Nothing contained in this section authorizes or permits any transactions that, in the case |
---|
536 | | - | 16.23of an insurer not a member of the same insurance holding company system, would be |
---|
537 | | - | 16.24otherwise contrary to law. |
---|
538 | | - | 16.25 (c) A domestic insurer may not enter into transactions which are part of a plan or series |
---|
539 | | - | 16.26of like transactions with persons within the insurance holding company system if the purpose |
---|
540 | | - | 16.27of those separate transactions is to avoid the statutory threshold amount and thus avoid the |
---|
541 | | - | 16.28review that would occur otherwise. If the commissioner determines that the separate |
---|
542 | | - | 16.29transactions were entered into over any 12-month period for the purpose, the commissioner |
---|
543 | | - | 16.30may exercise the authority under section 60D.25. |
---|
544 | | - | 16.31 (d) The commissioner, in reviewing transactions pursuant to paragraph (b), shall consider |
---|
545 | | - | 16.32whether the transactions comply with the standards set forth in paragraph (a), and whether |
---|
546 | | - | 16.33they may adversely affect the interests of policyholders. |
---|
547 | | - | 16Sec. 16. |
---|
548 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 17.1 (e) The commissioner shall be notified within 30 days of any investment of the domestic |
---|
549 | | - | 17.2insurer in any one corporation if the total investment in the corporation by the insurance |
---|
550 | | - | 17.3holding company system exceeds ten percent of the corporation's voting securities. |
---|
551 | | - | 17.4 (f) An affiliate that is party to an agreement or contract with a domestic insurer that is |
---|
552 | | - | 17.5subject to paragraph (b), clause (4), is subject to the jurisdiction of any supervision, seizure, |
---|
553 | | - | 17.6conservatorship, or receivership proceedings against the insurer and to the authority of a |
---|
554 | | - | 17.7supervisor, conservator, rehabilitator, or liquidator for the insurer appointed pursuant to |
---|
555 | | - | 17.8chapters 60B and 576 for the purpose of interpreting, enforcing, and overseeing the affiliate's |
---|
556 | | - | 17.9obligations under the agreement or contract to perform services for the insurer that are: (1) |
---|
557 | | - | 17.10an integral part of the insurer's operations, including but not limited to management, |
---|
558 | | - | 17.11administrative, accounting, data processing, marketing, underwriting, claims handling, |
---|
559 | | - | 17.12investment, or any other similar functions; or (2) essential to the insurer's ability to fulfill |
---|
560 | | - | 17.13the insurer's obligations under insurance policies. The commissioner may require that an |
---|
561 | | - | 17.14agreement or contract pursuant to paragraph (b), clause (4), to provide the services described |
---|
562 | | - | 17.15in clauses (1) and (2) must specify that the affiliate consents to the jurisdiction as provided |
---|
563 | | - | 17.16under this paragraph. |
---|
564 | | - | 17.17Sec. 17. Minnesota Statutes 2024, section 60D.217, is amended to read: |
---|
565 | | - | 17.18 60D.217 GROUPWIDE SUPERVISION OF INTERNATIONALLY ACTIVE |
---|
566 | | - | 17.19INSURANCE GROUPS. |
---|
567 | | - | 17.20 (a) The commissioner is authorized to act as the groupwide supervisor for any |
---|
568 | | - | 17.21internationally active insurance group in accordance with the provisions of this section. |
---|
569 | | - | 17.22However, the commissioner may otherwise acknowledge another regulatory official as the |
---|
570 | | - | 17.23groupwide supervisor where the internationally active insurance group: |
---|
571 | | - | 17.24 (1) does not have substantial insurance operations in the United States; |
---|
572 | | - | 17.25 (2) has substantial insurance operations in the United States, but not in this state; or |
---|
573 | | - | 17.26 (3) has substantial insurance operations in the United States and this state, but the |
---|
574 | | - | 17.27commissioner has determined pursuant to the factors set forth in subsections paragraphs (b) |
---|
575 | | - | 17.28and (f) that the other regulatory official is the appropriate groupwide supervisor. |
---|
576 | | - | 17.29An insurance holding company system that does not otherwise qualify as an internationally |
---|
577 | | - | 17.30active insurance group may request that the commissioner make a determination or |
---|
578 | | - | 17.31acknowledgment as to a groupwide supervisor pursuant to this section. |
---|
579 | | - | 17.32 (b) In cooperation with other state, federal, and international regulatory agencies, the |
---|
580 | | - | 17.33commissioner will must identify a single groupwide supervisor for an internationally active |
---|
581 | | - | 17Sec. 17. |
---|
582 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 18.1insurance group. The commissioner may determine that the commissioner is the appropriate |
---|
583 | | - | 18.2groupwide supervisor for an internationally active insurance group that conducts substantial |
---|
584 | | - | 18.3insurance operations concentrated in this state. However, the commissioner may acknowledge |
---|
585 | | - | 18.4that a regulatory official from another jurisdiction is the appropriate groupwide supervisor |
---|
586 | | - | 18.5for the internationally active insurance group. The commissioner shall consider the following |
---|
587 | | - | 18.6factors when making a determination or acknowledgment under this subsection paragraph: |
---|
588 | | - | 18.7 (1) the place of domicile of the insurers within the internationally active insurance group |
---|
589 | | - | 18.8that hold the largest share of the group's written premiums, assets, or liabilities; |
---|
590 | | - | 18.9 (2) the place of domicile of the top-tiered insurer(s) insurer or insurers in the insurance |
---|
591 | | - | 18.10holding company system of the internationally active insurance group; |
---|
592 | | - | 18.11 (3) the location of the executive offices or largest operational offices of the internationally |
---|
593 | | - | 18.12active insurance group; |
---|
594 | | - | 18.13 (4) whether another regulatory official is acting or is seeking to act as the groupwide |
---|
595 | | - | 18.14supervisor under a regulatory system that the commissioner determines to be: |
---|
596 | | - | 18.15 (i) substantially similar to the system of regulation provided under the laws of this state; |
---|
597 | | - | 18.16or |
---|
598 | | - | 18.17 (ii) otherwise sufficient in terms of providing for groupwide supervision, enterprise risk |
---|
599 | | - | 18.18analysis, and cooperation with other regulatory officials; and |
---|
600 | | - | 18.19 (5) whether another regulatory official acting or seeking to act as the groupwide |
---|
601 | | - | 18.20supervisor provides the commissioner with reasonably reciprocal recognition and cooperation. |
---|
602 | | - | 18.21However, a commissioner identified under this section as the groupwide supervisor may |
---|
603 | | - | 18.22determine that it is appropriate to acknowledge another supervisor to serve as the groupwide |
---|
604 | | - | 18.23supervisor. The acknowledgment of the groupwide supervisor shall be made after |
---|
605 | | - | 18.24consideration of the factors listed in clauses (1) to (5), and shall be made in cooperation |
---|
606 | | - | 18.25with and subject to the acknowledgment of other regulatory officials involved with |
---|
607 | | - | 18.26supervision of members of the internationally active insurance group, and in consultation |
---|
608 | | - | 18.27with the internationally active insurance group. |
---|
609 | | - | 18.28 (c) Notwithstanding any other provision of law, when another regulatory official is acting |
---|
610 | | - | 18.29as the groupwide supervisor of an internationally active insurance group, the commissioner |
---|
611 | | - | 18.30shall acknowledge that regulatory official as the groupwide supervisor. However, in the |
---|
612 | | - | 18.31event of a material change in the internationally active insurance group that results in: |
---|
613 | | - | 18.32 (1) the internationally active insurance group's insurers domiciled in this state holding |
---|
614 | | - | 18.33the largest share of the group's premiums, assets, or liabilities; or |
---|
615 | | - | 18Sec. 17. |
---|
616 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 19.1 (2) this state being the place of domicile of the top-tiered insurer(s) insurer or insurers |
---|
617 | | - | 19.2in the insurance holding company system of the internationally active insurance group, |
---|
618 | | - | 19.3the commissioner shall make a determination or acknowledgment as to the appropriate |
---|
619 | | - | 19.4groupwide supervisor for such an internationally active insurance group pursuant to |
---|
620 | | - | 19.5subsection paragraph (b). |
---|
621 | | - | 19.6 (d) Pursuant to section 60D.21, the commissioner is authorized to collect from any |
---|
622 | | - | 19.7insurer registered pursuant to section 60D.19 all information necessary to determine whether |
---|
623 | | - | 19.8the commissioner may act as the groupwide supervisor of an internationally active insurance |
---|
624 | | - | 19.9group or if the commissioner may acknowledge another regulatory official to act as the |
---|
625 | | - | 19.10groupwide supervisor. Prior to issuing a determination that an internationally active insurance |
---|
626 | | - | 19.11group is subject to groupwide supervision by the commissioner, the commissioner shall |
---|
627 | | - | 19.12notify the insurer registered pursuant to section 60D.19 and the ultimate controlling person |
---|
628 | | - | 19.13within the internationally active insurance group. The internationally active insurance group |
---|
629 | | - | 19.14shall have not less than 30 days to provide the commissioner with additional information |
---|
630 | | - | 19.15pertinent to the pending determination. The commissioner shall publish in the State Register |
---|
631 | | - | 19.16and on the department's website the identity of internationally active insurance groups that |
---|
632 | | - | 19.17the commissioner has determined are subject to groupwide supervision by the commissioner. |
---|
633 | | - | 19.18 (e) If the commissioner is the groupwide supervisor for an internationally active insurance |
---|
634 | | - | 19.19group, the commissioner is authorized to engage in any of the following groupwide |
---|
635 | | - | 19.20supervision activities: |
---|
636 | | - | 19.21 (1) assess the enterprise risks within the internationally active insurance group to ensure |
---|
637 | | - | 19.22that: |
---|
638 | | - | 19.23 (i) the material financial condition and liquidity risks to the members of the internationally |
---|
639 | | - | 19.24active insurance group that are engaged in the business of insurance are identified by |
---|
640 | | - | 19.25management; and |
---|
641 | | - | 19.26 (ii) reasonable and effective mitigation measures are in place; or |
---|
642 | | - | 19.27 (2) request, from any member of an internationally active insurance group subject to the |
---|
643 | | - | 19.28commissioner's supervision, information necessary and appropriate to assess enterprise risk, |
---|
644 | | - | 19.29including but not limited to information about the members of the internationally active |
---|
645 | | - | 19.30insurance group regarding: |
---|
646 | | - | 19.31 (i) governance, risk assessment, and management; |
---|
647 | | - | 19.32 (ii) capital adequacy; and |
---|
648 | | - | 19.33 (iii) material intercompany transactions; |
---|
649 | | - | 19Sec. 17. |
---|
650 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 20.1 (3) coordinate and, through the authority of the regulatory officials of the jurisdictions |
---|
651 | | - | 20.2where members of the internationally active insurance group are domiciled, compel |
---|
652 | | - | 20.3development and implementation of reasonable measures designed to ensure that the |
---|
653 | | - | 20.4internationally active insurance group is able to timely recognize and mitigate enterprise |
---|
654 | | - | 20.5risks to members of such the internationally active insurance group that are engaged in the |
---|
655 | | - | 20.6business of insurance; |
---|
656 | | - | 20.7 (4) communicate with other state, federal and international regulatory agencies for |
---|
657 | | - | 20.8members within the internationally active insurance group and share relevant information |
---|
658 | | - | 20.9subject to the confidentiality provisions of section 60D.22, through supervisory colleges as |
---|
659 | | - | 20.10set forth in section 60D.215 or otherwise; |
---|
660 | | - | 20.11 (5) enter into agreements with or obtain documentation from any insurer registered under |
---|
661 | | - | 20.12section 60D.19, any member of the internationally active insurance group, and any other |
---|
662 | | - | 20.13state, federal, and international regulatory agencies for members of the internationally active |
---|
663 | | - | 20.14insurance group, providing the basis for or otherwise clarifying the commissioner's role as |
---|
664 | | - | 20.15groupwide supervisor, including provisions for resolving disputes with other regulatory |
---|
665 | | - | 20.16officials. Such Agreements or documentation under this clause shall not serve as evidence |
---|
666 | | - | 20.17in any proceeding that any insurer or person within an insurance holding company system |
---|
667 | | - | 20.18not domiciled or incorporated in this state is doing business in this state or is otherwise |
---|
668 | | - | 20.19subject to jurisdiction in this state; and |
---|
669 | | - | 20.20 (6) other groupwide supervision activities, consistent with the authorities and purposes |
---|
670 | | - | 20.21enumerated above, as considered necessary by the commissioner. |
---|
671 | | - | 20.22 (f) If the commissioner acknowledges that another regulatory official from a jurisdiction |
---|
672 | | - | 20.23that is not accredited by the NAIC is the groupwide supervisor, the commissioner is |
---|
673 | | - | 20.24authorized to reasonably cooperate, through supervisory colleges or otherwise, with |
---|
674 | | - | 20.25groupwide supervision undertaken by the groupwide supervisor, provided that: |
---|
675 | | - | 20.26 (1) the commissioner's cooperation is in compliance with the laws of this state; and |
---|
676 | | - | 20.27 (2) the regulatory official acknowledged as the groupwide supervisor also recognizes |
---|
677 | | - | 20.28and cooperates with the commissioner's activities as a groupwide supervisor for other |
---|
678 | | - | 20.29internationally active insurance groups where applicable. Where such recognition and |
---|
679 | | - | 20.30cooperation by the groupwide supervisor is not reasonably reciprocal, the commissioner is |
---|
680 | | - | 20.31authorized to refuse recognition and cooperation. |
---|
681 | | - | 20.32 (g) The commissioner is authorized to enter into agreements with or obtain documentation |
---|
682 | | - | 20.33from any insurer registered under section 60D.19, any affiliate of the insurer, and other |
---|
683 | | - | 20.34state, federal, and international regulatory agencies for members of the internationally active |
---|
684 | | - | 20Sec. 17. |
---|
685 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 21.1insurance group, that provide the basis for or otherwise clarify a regulatory official's role |
---|
686 | | - | 21.2as groupwide supervisor. |
---|
687 | | - | 21.3 (h) A registered insurer subject to this section shall be liable for and shall pay the |
---|
688 | | - | 21.4reasonable expenses of the commissioner's participation in the administration of this section, |
---|
689 | | - | 21.5including the engagement of attorneys, actuaries, and any other professionals and all |
---|
690 | | - | 21.6reasonable travel expenses. |
---|
691 | | - | 21.7 Sec. 18. Minnesota Statutes 2024, section 60D.22, subdivision 1, is amended to read: |
---|
692 | | - | 21.8 Subdivision 1.Classification protection and use of information by commissioner.(a) |
---|
693 | | - | 21.9Documents, materials, or other information in the possession or control of the department |
---|
694 | | - | 21.10that are obtained by or disclosed to the commissioner or any other person in the course of |
---|
695 | | - | 21.11an examination or investigation made pursuant to section 60D.21 and all information reported |
---|
696 | | - | 21.12pursuant to sections 60D.17, except as provided in section 60D.17, subdivision 1, paragraph |
---|
697 | | - | 21.13(e); 60D.18; 60D.19; and 60D.20,; and 60D.217, are classified as confidential or protected |
---|
698 | | - | 21.14nonpublic or both, are not subject to subpoena, and are not subject to discovery or admissible |
---|
699 | | - | 21.15in evidence in a private civil action. However, the commissioner may use the documents, |
---|
700 | | - | 21.16materials, or other information in the furtherance of any regulatory or legal action brought |
---|
701 | | - | 21.17as a part of the commissioner's official duties. The commissioner shall not otherwise make |
---|
702 | | - | 21.18the documents, materials, or other information public without the prior written consent of |
---|
703 | | - | 21.19the insurer to which it pertains unless the commissioner, after giving the insurer and its |
---|
704 | | - | 21.20affiliates who would be affected by this action notice and opportunity to be heard, determines |
---|
705 | | - | 21.21that the interest of policyholders, shareholders, or the public will be is served by the |
---|
706 | | - | 21.22publication of it, in which event the commissioner may publish all or any part in the manner |
---|
707 | | - | 21.23the commissioner deems appropriate. |
---|
708 | | - | 21.24 (b) For purposes of the information reported and provided to the department pursuant |
---|
709 | | - | 21.25to section 60D.19, subdivision 11b, the commissioner must maintain the confidentiality of |
---|
710 | | - | 21.26the group capital calculation and group capital ratio produced within the calculation and |
---|
711 | | - | 21.27any group capital information received from an insurance holding company supervised by |
---|
712 | | - | 21.28the Federal Reserve Board or any United States groupwide supervisor. |
---|
713 | | - | 21.29 (c) For purposes of the information reported and provided to the department pursuant |
---|
714 | | - | 21.30to section 60D.19, subdivision 11c, the commissioner must maintain the confidentiality of |
---|
715 | | - | 21.31the liquidity stress test results and supporting disclosures and any liquidity stress test |
---|
716 | | - | 21.32information received from an insurance holding company supervised by the Federal Reserve |
---|
717 | | - | 21.33Board and non-United States groupwide supervisors. |
---|
718 | | - | 21Sec. 18. |
---|
719 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 22.1 Sec. 19. Minnesota Statutes 2024, section 60D.22, subdivision 3, is amended to read: |
---|
720 | | - | 22.2 Subd. 3.Sharing of information.In order to assist in the performance of the |
---|
721 | | - | 22.3commissioner's duties, the commissioner: |
---|
722 | | - | 22.4 (1) may share documents, materials, or other information, including the confidential, |
---|
723 | | - | 22.5protected nonpublic, and privileged documents, materials, or information subject to this |
---|
724 | | - | 22.6section, including proprietary and trade secret documents and materials, with: (i) other state, |
---|
725 | | - | 22.7federal, and international regulatory agencies, with; (ii) the NAIC and its affiliates and |
---|
726 | | - | 22.8subsidiaries,; (iii) any third-party consultants designated by the commissioner; and with |
---|
727 | | - | 22.9(iv) state, federal, and international law enforcement authorities, including members of any |
---|
728 | | - | 22.10supervisory college described in section 60D.215, provided that the recipient agrees in |
---|
729 | | - | 22.11writing to maintain the confidentiality and privileged status of the document, material, or |
---|
730 | | - | 22.12other information, and has verified in writing the legal authority to maintain confidentiality; |
---|
731 | | - | 22.13 (2) notwithstanding clause (1), may only share confidential, protected nonpublic, and |
---|
732 | | - | 22.14privileged documents, materials, or information reported pursuant to section 60D.19, |
---|
733 | | - | 22.15subdivision 11a, with commissioners of states having statutes or regulations substantially |
---|
734 | | - | 22.16similar to subdivision 1 and who have agreed in writing not to disclose this information; |
---|
735 | | - | 22.17 (3) may receive documents, materials, or information, including otherwise confidential |
---|
736 | | - | 22.18and privileged documents, materials, or information from the NAIC and its the NAIC's |
---|
737 | | - | 22.19affiliates and subsidiaries and from regulatory and law enforcement officials of other foreign |
---|
738 | | - | 22.20or domestic jurisdictions, and shall maintain as confidential, protected nonpublic, or |
---|
739 | | - | 22.21privileged any document, material, or information received with notice or the understanding |
---|
740 | | - | 22.22that it is confidential or privileged under the laws of the jurisdiction that is the source of the |
---|
741 | | - | 22.23document, material, or information; and |
---|
742 | | - | 22.24 (4) shall enter into written agreements with the NAIC and a third-party consultant |
---|
743 | | - | 22.25designated by the commissioner governing sharing and use of information provided pursuant |
---|
744 | | - | 22.26to sections 60D.15 to 60D.29 consistent with this clause that shall: |
---|
745 | | - | 22.27 (i) specify procedures and protocols regarding the confidentiality and security of |
---|
746 | | - | 22.28information shared with the NAIC and its affiliates and subsidiaries or a third-party consultant |
---|
747 | | - | 22.29designated by the commissioner pursuant to sections 60D.15 to 60D.29, including procedures |
---|
748 | | - | 22.30and protocols for sharing by the NAIC with other state, federal, or international regulators. |
---|
749 | | - | 22.31The agreement must provide that the recipient agrees in writing to maintain the confidentiality |
---|
750 | | - | 22.32and privileged status of the documents, materials, or other information, and has verified in |
---|
751 | | - | 22.33writing the legal authority to maintain confidentiality; |
---|
752 | | - | 22Sec. 19. |
---|
753 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 23.1 (ii) specify that ownership of information shared with the NAIC and its affiliates and |
---|
754 | | - | 23.2subsidiaries or a third-party consultant pursuant to sections 60D.15 to 60D.29 remains with |
---|
755 | | - | 23.3the commissioner and the NAIC's or a third-party consultant's, as designated by the |
---|
756 | | - | 23.4commissioner, use of the information is subject to the direction of the commissioner; |
---|
757 | | - | 23.5 (iii) excluding documents, material, or information reported pursuant to section 60D.19, |
---|
758 | | - | 23.6subdivision 11c, prohibit the NAIC or a third-party consultant designated by the |
---|
759 | | - | 23.7commissioner from storing the information shared pursuant to sections 60D.15 to 60D.29 |
---|
760 | | - | 23.8in a permanent database after the underlying analysis is completed; |
---|
761 | | - | 23.9 (iii) (iv) require prompt notice to be given to an insurer whose confidential or protected |
---|
762 | | - | 23.10nonpublic information in the possession of the NAIC or a third-party consultant designated |
---|
763 | | - | 23.11by the commissioner pursuant to sections 60D.15 to 60D.29 is subject to a request or |
---|
764 | | - | 23.12subpoena to the NAIC or a third-party consultant designated by the commissioner for |
---|
765 | | - | 23.13disclosure or production; and |
---|
766 | | - | 23.14 (iv) (v) require the NAIC and its affiliates and subsidiaries or a third-party consultant |
---|
767 | | - | 23.15designated by the commissioner to consent to intervention by an insurer in any judicial or |
---|
768 | | - | 23.16administrative action in which the NAIC and its affiliates and subsidiaries or a third-party |
---|
769 | | - | 23.17consultant designated by the commissioner may be required to disclose confidential or |
---|
770 | | - | 23.18protected nonpublic information about the insurer shared with the NAIC and its affiliates |
---|
771 | | - | 23.19and subsidiaries or a third-party consultant designated by the commissioner pursuant to |
---|
772 | | - | 23.20sections 60D.15 to 60D.29.; and |
---|
773 | | - | 23.21 (vi) for documents, material, or information reported pursuant to section 60D.19, |
---|
774 | | - | 23.22subdivision 11c, in the case of an agreement involving a third-party consultant, provide for |
---|
775 | | - | 23.23notification of the identity of the consultant to the applicable insurers. |
---|
776 | | - | 23.24Sec. 20. Minnesota Statutes 2024, section 60D.22, subdivision 6, is amended to read: |
---|
777 | | - | 23.25 Subd. 6.Classification protection and use by others.Documents, materials, or other |
---|
778 | | - | 23.26information in the possession or control of the NAIC or a third-party consultant designated |
---|
779 | | - | 23.27by the commissioner pursuant to sections 60D.15 to 60D.29 are confidential, protected |
---|
780 | | - | 23.28nonpublic, or privileged, are not subject to subpoena, and are not subject to discovery or |
---|
781 | | - | 23.29admissible in evidence in a private civil action. |
---|
782 | | - | 23Sec. 20. |
---|
783 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 24.1 Sec. 21. Minnesota Statutes 2024, section 60D.22, is amended by adding a subdivision to |
---|
784 | | - | 24.2read: |
---|
785 | | - | 24.3 Subd. 7.Certain disclosures or publication prohibited.(a) The group capital calculation |
---|
786 | | - | 24.4and resulting group capital ratio required under section 60D.19, subdivision 11b, and the |
---|
787 | | - | 24.5liquidity stress test along with the liquidity stress test's results and supporting disclosures |
---|
788 | | - | 24.6required under section 60D.19, subdivision 11c, are regulatory tools to assess group risks |
---|
789 | | - | 24.7and capital adequacy and group liquidity risks, respectively, and are not intended as a means |
---|
790 | | - | 24.8to rank insurers or insurance holding company systems generally. |
---|
791 | | - | 24.9 (b) Except as otherwise required under sections 60D.09 to 60D.29, making, publishing, |
---|
792 | | - | 24.10disseminating, circulating, or placing before the public, or causing directly or indirectly to |
---|
793 | | - | 24.11be made, published, disseminated, circulated, or placed before the public in a newspaper, |
---|
794 | | - | 24.12magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, |
---|
795 | | - | 24.13or over any radio, television station, or any electronic means of communication available |
---|
796 | | - | 24.14to the public, or in any other way as an advertisement, announcement, or statement containing |
---|
797 | | - | 24.15a representation or statement with regard to the group capital calculation, group capital ratio, |
---|
798 | | - | 24.16the liquidity stress test results, or supporting disclosures for the liquidity stress test of any |
---|
799 | | - | 24.17insurer or any insurer group, or of any component derived in the calculation by any insurer, |
---|
800 | | - | 24.18broker, or other person engaged in any manner in the insurance business is misleading and |
---|
801 | | - | 24.19is prohibited. |
---|
802 | | - | 24.20 (c) Notwithstanding paragraph (b), an insurer may publish an announcement in a written |
---|
803 | | - | 24.21publication if any materially false statement with respect to the group capital calculation, |
---|
804 | | - | 24.22resulting group capital ratio, an inappropriate comparison of any amount to an insurer's or |
---|
805 | | - | 24.23insurance group's group capital calculation or resulting group capital ratio, liquidity stress |
---|
806 | | - | 24.24test result, supporting disclosures for the liquidity stress test, or an inappropriate comparison |
---|
807 | | - | 24.25of any amount to an insurer's or insurance group's liquidity stress test result or supporting |
---|
808 | | - | 24.26disclosures is published in any written publication and the insurer is able to demonstrate to |
---|
809 | | - | 24.27the commissioner with substantial proof the statement's falsity or inappropriateness. The |
---|
810 | | - | 24.28sole purpose of an announcement under this paragraph must be to rebut the materially false |
---|
811 | | - | 24.29statement. |
---|
812 | | - | 24.30Sec. 22. Minnesota Statutes 2024, section 60D.24, subdivision 2, is amended to read: |
---|
813 | | - | 24.31 Subd. 2.Voting of securities; when prohibited.No security that is the subject of any |
---|
814 | | - | 24.32agreement or arrangement regarding acquisition, or that is acquired or to be acquired, in |
---|
815 | | - | 24.33contravention of the provisions of this chapter or of any rule or order issued by the |
---|
816 | | - | 24.34commissioner may be voted at any shareholder's meeting, or may be counted for quorum |
---|
817 | | - | 24Sec. 22. |
---|
818 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT 25.1purposes, and any action of shareholders requiring the affirmative vote of a percentage of |
---|
819 | | - | 25.2shares may be taken as though the securities were not issued and outstanding. No action |
---|
820 | | - | 25.3taken at the meeting shall be invalidated by the voting of the securities, unless the action |
---|
821 | | - | 25.4would materially affect control of the insurer or unless the courts of this state have so |
---|
822 | | - | 25.5ordered. If an insurer or the commissioner has reason to believe that any security of the |
---|
823 | | - | 25.6insurer has been or is about to be acquired in contravention of the provisions of this chapter |
---|
824 | | - | 25.7or of any rule or order issued by the commissioner, the insurer or the commissioner may |
---|
825 | | - | 25.8apply to the district court for the county in which the insurer has its principal place of |
---|
826 | | - | 25.9business to enjoin any offer, request, invitation, agreement, or acquisition made in |
---|
827 | | - | 25.10contravention of section 60D.16 60D.17 or any rule or order issued by the commissioner |
---|
828 | | - | 25.11to enjoin the voting of any security so acquired, to void any vote of the security already cast |
---|
829 | | - | 25.12at any meeting of shareholders and for other equitable relief as the nature of the case and |
---|
830 | | - | 25.13the interest of the insurer's policyholders or the public requires. |
---|
831 | | - | 25.14Sec. 23. Minnesota Statutes 2024, section 60D.25, is amended to read: |
---|
832 | | - | 25.15 60D.25 RECEIVERSHIP. |
---|
833 | | - | 25.16 Whenever it appears to the commissioner that any person has committed a violation of |
---|
834 | | - | 25.17this chapter that so impairs the financial condition of a domestic insurer as to threaten |
---|
835 | | - | 25.18insolvency or make the further transaction of business by it hazardous to its policyholders, |
---|
836 | | - | 25.19creditors, shareholders, or the public, then the commissioner may proceed as provided in |
---|
837 | | - | 25.20chapter 60B to take possessions of the property of the domestic insurer and to conduct the |
---|
838 | | - | 25.21business of that the domestic insurer. |
---|
839 | | - | 25.22Sec. 24. Minnesota Statutes 2024, section 334.01, subdivision 2, is amended to read: |
---|
840 | | - | 25.23 Subd. 2.Contracts of $100,000 or more.Notwithstanding any law to the contrary, |
---|
841 | | - | 25.24except as stated in section 58.137, and with respect to contracts a conventional loan or |
---|
842 | | - | 25.25contract for deed, section 47.20, subdivision 4a, no limitation on the rate or amount of |
---|
843 | | - | 25.26interest, points, finance charges, fees, or other charges applies to a loan, mortgage, credit |
---|
844 | | - | 25.27sale, or advance made under a written contract, signed by the debtor, for the extension of |
---|
845 | | - | 25.28credit to the debtor in the amount of $100,000 or more, or any written extension and other |
---|
846 | | - | 25.29written modification of the written contract. The written contract, written extension, and |
---|
847 | | - | 25.30written modification are exempt from the other provisions of this chapter. |
---|
848 | | - | 25Sec. 24. |
---|
849 | | - | REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT |
---|
| 68 | + | REVISOR EB/DG 25-0048411/27/24 3.1 (e) A contract for deed executed pursuant to a commitment for a contract for deed, or a |
---|
| 69 | + | 3.2loan made pursuant to a borrower's interest rate commitment, or made pursuant to a |
---|
| 70 | + | 3.3borrower's loan commitment, or made pursuant to a forward commitment for conventional |
---|
| 71 | + | 3.4or cooperative apartment loans made upon payment of a forward commitment fee including |
---|
| 72 | + | 3.5a borrower's loan commitment issued pursuant to a forward commitment at a rate of interest |
---|
| 73 | + | 3.6not in excess of the rate of interest authorized by this subdivision at the time the commitment |
---|
| 74 | + | 3.7was made continues to be enforceable in accordance with its terms until the indebtedness |
---|
| 75 | + | 3.8is fully satisfied. |
---|
| 76 | + | 3.9 Sec. 2. Minnesota Statutes 2024, section 334.01, subdivision 2, is amended to read: |
---|
| 77 | + | 3.10 Subd. 2.Contracts of $100,000 or more.Notwithstanding any law to the contrary, |
---|
| 78 | + | 3.11except as stated in section 58.137, and with respect to contracts a conventional loan or |
---|
| 79 | + | 3.12contract for deed, section 47.20, subdivision 4a, no limitation on the rate or amount of |
---|
| 80 | + | 3.13interest, points, finance charges, fees, or other charges applies to a loan, mortgage, credit |
---|
| 81 | + | 3.14sale, or advance made under a written contract, signed by the debtor, for the extension of |
---|
| 82 | + | 3.15credit to the debtor in the amount of $100,000 or more, or any written extension and other |
---|
| 83 | + | 3.16written modification of the written contract. The written contract, written extension, and |
---|
| 84 | + | 3.17written modification are exempt from the other provisions of this chapter. |
---|
| 85 | + | 3Sec. 2. |
---|
| 86 | + | REVISOR EB/DG 25-0048411/27/24 |
---|