Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2601 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to financial institutions; modifying the maximum interest rate for certain​
3-1.3 loans and contracts for deed; establishing group capital calculations for insurers;​
4-1.4 requiring insurers to complete a NAIC liquidity stress test; requiring insurers to​
5-1.5 file group capital calculations and results from the NAIC liquidity stress test;​
6-1.6 requiring insurers to secure a deposit or bond; amending Minnesota Statutes 2024,​
7-1.7 sections 47.20, subdivision 4a; 60D.09, by adding a subdivision; 60D.15,​
8-1.8 subdivisions 4, 7, by adding subdivisions; 60D.16, subdivision 2; 60D.17,​
9-1.9 subdivision 1; 60D.18, subdivision 3; 60D.19, subdivision 4, by adding​
10-1.10 subdivisions; 60D.20, subdivision 1; 60D.217; 60D.22, subdivisions 1, 3, 6, by​
11-1.11 adding a subdivision; 60D.24, subdivision 2; 60D.25; 334.01, subdivision 2;​
12-1.12 proposing coding for new law in Minnesota Statutes, chapter 60D.​
13-1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
14-1.14 Section 1. Minnesota Statutes 2024, section 47.20, subdivision 4a, is amended to read:​
15-1.15 Subd. 4a.Maximum interest rate.(a) No conventional or cooperative apartment loan​
16-1.16or contract for deed shall be made at a rate of interest or loan yield in excess of a maximum​
17-1.17lawful interest rate in an amount equal to the Federal National Mortgage Association posted​
18-1.18yields on 30-year mortgage commitments for delivery within 60 days on standard​
19-1.19conventional fixed-rate mortgages published in the Wall Street Journal for the last business​
20-1.20day of the second preceding month average prime offer rate, as defined in Code of Federal​
21-1.21Regulations, title 12, part 1026.35(a)(2), that applies to a comparable transaction, as most​
22-1.22recently published by the United States Consumer Financial Protection Bureau on the last​
23-1.23date the discounted interest rate for the transaction is set before consummation, plus four​
24-1.24percentage points. If the index is not available, a substitute index may be adopted by a​
25-1.25commissioner order.​
3+1.3 loans and contracts for deed; amending Minnesota Statutes 2024, sections 47.20,​
4+1.4 subdivision 4a; 334.01, subdivision 2.​
5+1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
6+1.6 Section 1. Minnesota Statutes 2024, section 47.20, subdivision 4a, is amended to read:​
7+1.7 Subd. 4a.Maximum interest rate.(a) No conventional or cooperative apartment loan​
8+1.8or contract for deed shall be made at a rate of interest or loan yield in excess of a maximum​
9+1.9lawful interest rate in an amount equal to the Federal National Mortgage Association posted​
10+1.10yields on 30-year mortgage commitments for delivery within 60 days on standard​
11+1.11conventional fixed-rate mortgages published in the Wall Street Journal for the last business​
12+1.12day of the second preceding month average prime offer rate, as defined in Code of Federal​
13+1.13Regulations, title 12, part 1026.35(a)(2), that applies to a comparable transaction, as most​
14+1.14recently published by the United States Consumer Financial Protection Bureau on the last​
15+1.15date the discounted interest rate for the transaction is set before consummation, plus four​
16+1.16percentage points. If the index is not available, a substitute index may be adopted by a​
17+1.17commissioner order.​
18+1.18 (b) The maximum lawful interest rate applicable to a cooperative apartment loan or​
19+1.19contract for deed at the time the loan or contract is made is the maximum lawful interest​
20+1.20rate for the term of the cooperative apartment loan or contract for deed. Notwithstanding​
21+1.21the provisions of section 334.01, a cooperative apartment loan or contract for deed may​
22+1.22provide, at the time the loan or contract is made, for the application of specified different​
23+1.23consecutive periodic interest rates to the unpaid principal balance, if no interest rate exceeds​
2624 1​Section 1.​
27-REVISOR RSI H2601-1HF2601 FIRST ENGROSSMENT
25+REVISOR EB/DG 25-0048411/27/24
2826 State of Minnesota​
2927 This Document can be made available​
3028 in alternative formats upon request​
3129 HOUSE OF REPRESENTATIVES​
3230 H. F. No. 2601​
3331 NINETY-FOURTH SESSION​
3432 Authored by Huot​03/20/2025​
35-The bill was read for the first time and referred to the Committee on Commerce Finance and Policy​
36-Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law​04/01/2025​ 2.1 (b) The maximum lawful interest rate applicable to a cooperative apartment loan or​
37-2.2contract for deed at the time the loan or contract is made is the maximum lawful interest​
38-2.3rate for the term of the cooperative apartment loan or contract for deed. Notwithstanding​
39-2.4the provisions of section 334.01, a cooperative apartment loan or contract for deed may​
40-2.5provide, at the time the loan or contract is made, for the application of specified different​
41-2.6consecutive periodic interest rates to the unpaid principal balance, if no interest rate exceeds​
42-2.7the maximum lawful interest rate applicable to the loan or contract at the time the loan or​
43-2.8contract is made.​
44-2.9 (c) The maximum interest rate that can be charged on a conventional loan or a contract​
45-2.10for deed, with a duration of ten years or less, for the purchase of real estate described in​
46-2.11section 83.20, subdivisions 11 and 13, is three percentage points above the rate permitted​
47-2.12under paragraph (a) or 15.75 percent per year, whichever is less. This paragraph is effective​
48-2.13August 1, 1992.​
49-2.14 (d) Contracts for deed executed pursuant to a commitment for a contract for deed, or​
50-2.15conventional or cooperative apartment loans made pursuant to a borrower's interest rate​
51-2.16commitment or made pursuant to a borrower's loan commitment, or made pursuant to a​
52-2.17commitment for conventional or cooperative apartment loans made upon payment of a​
53-2.18forward commitment fee including a borrower's loan commitment issued pursuant to a​
54-2.19forward commitment, which commitment provides for consummation within some future​
55-2.20time following the issuance of the commitment may be consummated pursuant to the​
56-2.21provisions, including the interest rate, of the commitment notwithstanding the fact that the​
57-2.22maximum lawful rate of interest at the time the contract for deed or conventional or​
58-2.23cooperative apartment loan is actually executed or made is less than the commitment rate​
59-2.24of interest, provided the commitment rate of interest does not exceed the maximum lawful​
60-2.25interest rate in effect on the date the commitment was issued. The refinancing of: (1) an​
61-2.26existing conventional or cooperative apartment loan, (2) a loan insured or guaranteed by​
62-2.27the secretary of housing and urban development, the administrator of veterans affairs, or​
63-2.28the administrator of the Farmers Home Administration, or (3) a contract for deed by making​
64-2.29a conventional or cooperative apartment loan is deemed to be a new conventional or​
65-2.30cooperative apartment loan for purposes of determining the maximum lawful rate of interest​
66-2.31under this subdivision. The renegotiation of a conventional or cooperative apartment loan​
67-2.32or a contract for deed is deemed to be a new loan or contract for deed for purposes of​
68-2.33paragraph (b) and for purposes of determining the maximum lawful rate of interest under​
69-2.34this subdivision. A borrower's interest rate commitment or a borrower's loan commitment​
70-2.35is deemed to be issued on the date the commitment is hand delivered by the lender to, or​
33+The bill was read for the first time and referred to the Committee on Commerce Finance and Policy​ 2.1the maximum lawful interest rate applicable to the loan or contract at the time the loan or​
34+2.2contract is made.​
35+2.3 (c) The maximum interest rate that can be charged on a conventional loan or a contract​
36+2.4for deed, with a duration of ten years or less, for the purchase of real estate described in​
37+2.5section 83.20, subdivisions 11 and 13, is three percentage points above the rate permitted​
38+2.6under paragraph (a) or 15.75 percent per year, whichever is less. This paragraph is effective​
39+2.7August 1, 1992.​
40+2.8 (d) Contracts for deed executed pursuant to a commitment for a contract for deed, or​
41+2.9conventional or cooperative apartment loans made pursuant to a borrower's interest rate​
42+2.10commitment or made pursuant to a borrower's loan commitment, or made pursuant to a​
43+2.11commitment for conventional or cooperative apartment loans made upon payment of a​
44+2.12forward commitment fee including a borrower's loan commitment issued pursuant to a​
45+2.13forward commitment, which commitment provides for consummation within some future​
46+2.14time following the issuance of the commitment may be consummated pursuant to the​
47+2.15provisions, including the interest rate, of the commitment notwithstanding the fact that the​
48+2.16maximum lawful rate of interest at the time the contract for deed or conventional or​
49+2.17cooperative apartment loan is actually executed or made is less than the commitment rate​
50+2.18of interest, provided the commitment rate of interest does not exceed the maximum lawful​
51+2.19interest rate in effect on the date the commitment was issued. The refinancing of: (1) an​
52+2.20existing conventional or cooperative apartment loan, (2) a loan insured or guaranteed by​
53+2.21the secretary of housing and urban development, the administrator of veterans affairs, or​
54+2.22the administrator of the Farmers Home Administration, or (3) a contract for deed by making​
55+2.23a conventional or cooperative apartment loan is deemed to be a new conventional or​
56+2.24cooperative apartment loan for purposes of determining the maximum lawful rate of interest​
57+2.25under this subdivision. The renegotiation of a conventional or cooperative apartment loan​
58+2.26or a contract for deed is deemed to be a new loan or contract for deed for purposes of​
59+2.27paragraph (b) and for purposes of determining the maximum lawful rate of interest under​
60+2.28this subdivision. A borrower's interest rate commitment or a borrower's loan commitment​
61+2.29is deemed to be issued on the date the commitment is hand delivered by the lender to, or​
62+2.30mailed to the borrower. A forward commitment is deemed to be issued on the date the​
63+2.31forward commitment is hand delivered by the lender to, or mailed to the person paying the​
64+2.32forward commitment fee to the lender, or to any one of them if there should be more than​
65+2.33one. A commitment for a contract for deed is deemed to be issued on the date the commitment​
66+2.34is initially executed by the contract for deed vendor or the vendor's authorized agent.​
7167 2​Section 1.​
72-REVISOR RSI H2601-1​HF2601 FIRST ENGROSSMENT​ 3.1mailed to the borrower. A forward commitment is deemed to be issued on the date the​
73-3.2forward commitment is hand delivered by the lender to, or mailed to the person paying the​
74-3.3forward commitment fee to the lender, or to any one of them if there should be more than​
75-3.4one. A commitment for a contract for deed is deemed to be issued on the date the commitment​
76-3.5is initially executed by the contract for deed vendor or the vendor's authorized agent.​
77-3.6 (e) A contract for deed executed pursuant to a commitment for a contract for deed, or a​
78-3.7loan made pursuant to a borrower's interest rate commitment, or made pursuant to a​
79-3.8borrower's loan commitment, or made pursuant to a forward commitment for conventional​
80-3.9or cooperative apartment loans made upon payment of a forward commitment fee including​
81-3.10a borrower's loan commitment issued pursuant to a forward commitment at a rate of interest​
82-3.11not in excess of the rate of interest authorized by this subdivision at the time the commitment​
83-3.12was made continues to be enforceable in accordance with its terms until the indebtedness​
84-3.13is fully satisfied.​
85-3.14 Sec. 2. Minnesota Statutes 2024, section 60D.09, is amended by adding a subdivision to​
86-3.15read:​
87-3.16 Subd. 6.Other violations.If the commissioner believes a person has committed a​
88-3.17violation of section 60D.17 that prevents the full understanding of the enterprise risk to the​
89-3.18insurer by affiliates or by the insurance holding company system, the violation may serve​
90-3.19as an independent basis for disapproving dividends or distributions and for placing the​
91-3.20insurer under an order of supervision under chapter 60B.​
92-3.21 Sec. 3. Minnesota Statutes 2024, section 60D.15, subdivision 4, is amended to read:​
93-3.22 Subd. 4.Control.The term "control," including the terms "controlling," "controlled​
94-3.23by," and "under common control with," means the possession, direct or indirect, of the​
95-3.24power to direct or cause the direction of the management and policies of a person, whether​
96-3.25through the ownership of voting securities, by contract other than a commercial contract​
97-3.26for goods or nonmanagement services, or otherwise, unless the power is the result of an​
98-3.27official position with, or corporate office held by, or court appointment of, the person.​
99-3.28Control is presumed to exist if any person, directly or indirectly, owns, controls, holds with​
100-3.29the power to vote, or holds proxies representing, ten percent or more of the voting securities​
101-3.30of any other person. This presumption may be rebutted by a showing made in the manner​
102-3.31provided by section 60D.19, subdivision 11, that control does not exist in fact. The​
103-3.32commissioner may determine, after furnishing all persons in interest notice and opportunity​
104-3​Sec. 3.​
105-REVISOR RSI H2601-1​HF2601 FIRST ENGROSSMENT​ 4.1to be heard and making specific findings of fact to support such the determination, that​
106-4.2control exists in fact, notwithstanding the absence of a presumption to that effect.​
107-4.3 Sec. 4. Minnesota Statutes 2024, section 60D.15, is amended by adding a subdivision to​
108-4.4read:​
109-4.5 Subd. 4c.Group capital calculation instructions."Group capital calculation​
110-4.6instructions" means the group capital calculation instructions adopted by the NAIC and as​
111-4.7amended by the NAIC from time to time in accordance with procedures adopted by the​
112-4.8NAIC.​
113-4.9 Sec. 5. Minnesota Statutes 2024, section 60D.15, is amended by adding a subdivision to​
114-4.10read:​
115-4.11 Subd. 6b.NAIC."NAIC" means the National Association of Insurance Commissioners.​
116-4.12 Sec. 6. Minnesota Statutes 2024, section 60D.15, is amended by adding a subdivision to​
117-4.13read:​
118-4.14 Subd. 6c.NAIC liquidity stress test framework."NAIC liquidity stress test framework"​
119-4.15means a NAIC publication which includes a history of the NAIC's development of regulatory​
120-4.16liquidity stress testing, the scope criteria applicable for a specific data year, and the liquidity​
121-4.17stress test instructions and reporting templates for a specific data year, scope criteria,​
122-4.18instructions, and reporting template being adopted by the NAIC, and as amended by the​
123-4.19NAIC from time to time in accordance with the procedures adopted by the NAIC.​
124-4.20 Sec. 7. Minnesota Statutes 2024, section 60D.15, subdivision 7, is amended to read:​
125-4.21 Subd. 7.Person.A "person" is an individual, a corporation, a limited liability company,​
126-4.22a partnership, an association, a joint stock company, a trust, an unincorporated organization,​
127-4.23any similar entity or any combination of the foregoing acting in concert, but does not include​
128-4.24any joint venture partnership exclusively engaged in owning, managing, leasing, or​
129-4.25developing real or tangible personal property.​
130-4.26 Sec. 8. Minnesota Statutes 2024, section 60D.15, is amended by adding a subdivision to​
131-4.27read:​
132-4.28 Subd. 7a.Scope criteria."Scope criteria," as detailed in the NAIC liquidity stress test​
133-4.29framework, means the designated exposure bases along with minimum magnitudes of the​
134-4.30designated exposure bases for the specified data year that are used to establish a preliminary​
135-4​Sec. 8.​
136-REVISOR RSI H2601-1​HF2601 FIRST ENGROSSMENT​ 5.1list of insurers considered scoped into the NAIC liquidity stress test framework for that data​
137-5.2year.​
138-5.3 Sec. 9. Minnesota Statutes 2024, section 60D.16, subdivision 2, is amended to read:​
139-5.4 Subd. 2.Additional investment authority.In addition to investments in common stock,​
140-5.5preferred stock, debt obligations, and other securities otherwise permitted under this chapter,​
141-5.6a domestic insurer may also:​
142-5.7 (a) Invest, in common stock, preferred stock, debt obligations, and other securities of​
143-5.8one or more subsidiaries, amounts that do not exceed the lesser of ten percent of the insurer's​
144-5.9assets or 50 percent of the insurer's surplus as regards policyholders, provided that after the​
145-5.10investments, the insurer's surplus as regards policyholders will be is reasonable in relation​
146-5.11to the insurer's outstanding liabilities and adequate to its financial needs. In calculating the​
147-5.12amount of these investments, investments in domestic or foreign insurance subsidiaries and​
148-5.13health maintenance organizations must be excluded, and there must be included:​
149-5.14 (1) total net money or other consideration expended and obligations assumed in the​
150-5.15acquisition or formation of a subsidiary, including all organizational expenses and​
151-5.16contributions to capital and surplus of the subsidiary whether or not represented by the​
152-5.17purchase of capital stock or issuance of other securities; and​
153-5.18 (2) all amounts expended in acquiring additional common stock, preferred stock, debt​
154-5.19obligations, and other securities; and all contributions to the capital or surplus, of a subsidiary​
155-5.20subsequent to its acquisition or formation.​
156-5.21 (b) Invest any amount in common stock, preferred stock, debt obligations, and other​
157-5.22securities of one or more subsidiaries engaged or organized to engage exclusively in the​
158-5.23ownership and management of assets authorized as investments for the insurer provided​
159-5.24that the subsidiary agrees to limit its investments in any asset so that the investments will​
160-5.25do not cause the amount of the total investment of the insurer to exceed any of the investment​
161-5.26limitations specified in paragraph (a) or other statutes applicable to the insurer. For the​
162-5.27purpose of this paragraph, "the total investment of the insurer" includes:​
163-5.28 (1) any direct investment by the insurer in an asset; and​
164-5.29 (2) the insurer's proportionate share of any investment in an asset by any subsidiary of​
165-5.30the insurer, which must be calculated by multiplying the amount of the subsidiary's​
166-5.31investment by the percentage of the ownership of the subsidiary.​
167-5.32 (c) With the approval of the commissioner, invest any greater amount in common stock,​
168-5.33preferred stock, debt obligations, or other securities of one or more subsidiaries, if after the​
169-5​Sec. 9.​
170-REVISOR RSI H2601-1​HF2601 FIRST ENGROSSMENT​ 6.1investment the insurer's surplus as regards policyholders will be is reasonable in relation to​
171-6.2the insurer's outstanding liabilities and adequate to its financial needs.​
172-6.3 Sec. 10. Minnesota Statutes 2024, section 60D.17, subdivision 1, is amended to read:​
173-6.4 Subdivision 1.Filing requirements.(a) No person other than the issuer shall: (1) make​
174-6.5a tender offer for or a request or invitation for tenders of, or enter into any agreement to​
175-6.6exchange securities or for, seek to acquire, or acquire, in the open market or otherwise, any​
176-6.7voting security of a domestic insurer if, after the consummation thereof, the person would,​
177-6.8directly or indirectly, or by conversion or by exercise of any right to acquire, be in control​
178-6.9of the insurer; or (2) enter into an agreement to merge with or otherwise to acquire control​
179-6.10of a domestic insurer or any person controlling a domestic insurer unless, at the time the​
180-6.11offer, request, or invitation is made or the agreement is entered into, or before the acquisition​
181-6.12of the securities if no offer or agreement is involved, the person has filed with the​
182-6.13commissioner and has sent to the insurer, a statement containing the information required​
183-6.14by this section and the offer, request, invitation, agreement, or acquisition has been approved​
184-6.15by the commissioner in the manner prescribed in this section.​
185-6.16 (b) For purposes of this section, a controlling person of a domestic insurer seeking to​
186-6.17divest its controlling interest in the domestic insurer, in any manner, shall file with the​
187-6.18commissioner, with a copy to the insurer, confidential notice of its proposed divestiture at​
188-6.19least 30 days before the cessation of control. The commissioner shall determine those​
189-6.20instances in which the party or parties seeking to divest or to acquire a controlling interest​
190-6.21in an insurer will be required to file for and obtain approval of the transaction. The​
191-6.22information must remain confidential until the conclusion of the transaction unless the​
192-6.23commissioner, in the commissioner's discretion, determines that confidential treatment​
193-6.24interferes with the enforcement of this section. This paragraph does not apply if the statement​
194-6.25referred to in paragraph (a) is otherwise filed.​
195-6.26 (c) With respect to a transaction subject to this section, the acquiring person must also​
196-6.27file a preacquisition notification with the commissioner, which must contain the information​
197-6.28set forth in section 60D.18, subdivision 3, paragraph (b). A failure to file the notification​
198-6.29may be subject to penalties specified in section 60D.18, subdivision 5.​
199-6.30 (d) For purposes of this section, a domestic insurer includes a person controlling a​
200-6.31domestic insurer unless the person, as determined by the commissioner, is either directly​
201-6.32or through its affiliates primarily engaged in business other than the business of insurance.​
202-6.33For the purposes of this section, "person" does not include any securities broker holding,​
203-6​Sec. 10.​
204-REVISOR RSI H2601-1​HF2601 FIRST ENGROSSMENT​ 7.1in the usual and customary brokers broker's function, less than 20 percent of the voting​
205-7.2securities of an insurance company or of any person that controls an insurance company.​
206-7.3 (e) The statement filed with the commissioner pursuant to subdivisions 1 and 2 must​
207-7.4remain confidential until the transaction is approved by the commissioner, except that all​
208-7.5attachments filed with the statement remain confidential after the approval unless the​
209-7.6commissioner, in the commissioner's discretion, determines that confidential treatment of​
210-7.7any of this information will interfere with enforcement of this section.​
211-7.8 Sec. 11. Minnesota Statutes 2024, section 60D.18, subdivision 3, is amended to read:​
212-7.9 Subd. 3.Preacquisition notification; waiting period.(a) An acquisition covered by​
213-7.10subdivision 2 may be subject to an order pursuant to subdivision 4 5 unless the acquiring​
214-7.11person files a preacquisition notification and the waiting period has expired. The acquired​
215-7.12person may file a preacquisition notification. The commissioner shall give confidential​
216-7.13treatment to information submitted under this section in the same manner as provided in​
217-7.14section 60D.22.​
218-7.15 (b) The preacquisition notification must be in the form and contain the information as​
219-7.16prescribed by the National Association of Insurance Commissioners relating to those markets​
220-7.17that, under subdivision 2, paragraph (b), clause (5) (4), cause the acquisition not to be​
221-7.18exempted from the provisions of this section. The commissioner may require the additional​
222-7.19material and information as the commissioner deems necessary to determine whether the​
223-7.20proposed acquisition, if consummated, would violate the competitive standard of subdivision​
224-7.214. The required information may include an opinion of an economist as to the competitive​
225-7.22impact of the acquisition in this state accompanied by a summary of the education and​
226-7.23experience of the person indicating that person's ability to render an informed opinion.​
227-7.24 (c) The waiting period required begins on the date of receipt of the commissioner of a​
228-7.25preacquisition notification and ends on the earlier of the 30th day after the date of its receipt,​
229-7.26or termination of the waiting period by the commissioner. Before the end of the waiting​
230-7.27period, the commissioner on a onetime basis may require the submission of additional​
231-7.28needed information relevant to the proposed acquisition, in which event the waiting period​
232-7.29shall end on the earlier of the 30th day after receipt of the additional information by the​
233-7.30commissioner or termination of the waiting period by the commissioner.​
234-7.31 Sec. 12. Minnesota Statutes 2024, section 60D.19, subdivision 4, is amended to read:​
235-7.32 Subd. 4.Materiality.No information need be disclosed on the registration statement​
236-7.33filed pursuant to subdivision 2 if the information is not material for the purposes of this​
237-7​Sec. 12.​
238-REVISOR RSI H2601-1​HF2601 FIRST ENGROSSMENT​ 8.1section. Unless the commissioner by rule or order provides otherwise; sales, purchases,​
239-8.2exchanges, loans or extensions of credit, investments, or guarantees involving one-half of​
240-8.3one percent or less of an insurer's admitted assets as of the 31st day of December next​
241-8.4preceding shall not be deemed material for purposes of this section. The definition of​
242-8.5materiality provided in this subdivision does not apply for purposes of the group capital​
243-8.6calculation or the NAIC liquidity stress test framework.​
244-8.7 Sec. 13. Minnesota Statutes 2024, section 60D.19, is amended by adding a subdivision to​
245-8.8read:​
246-8.9 Subd. 11b.Group capital calculation.(a) Except as otherwise provided in this paragraph,​
247-8.10the ultimate controlling person of every insurer subject to registration must concurrently​
248-8.11file with the registration an annual group capital calculation as directed by the lead state​
249-8.12insurance commissioner. The report must be completed in accordance with the NAIC group​
250-8.13capital calculation instructions, which may permit the lead state insurance commissioner​
251-8.14to allow a controlling person that is not the ultimate controlling person to file the group​
252-8.15capital calculation. The report must be filed with the lead state insurance commissioner of​
253-8.16the insurance holding company system, as determined by the commissioner in accordance​
254-8.17with the procedures within the Financial Analysis Handbook adopted by the NAIC. The​
255-8.18following insurance holding company systems are exempt from filing the group capital​
256-8.19calculation:​
257-8.20 (1) an insurance holding company system that (i) has only one insurer within the insurance​
258-8.21holding company system's holding company structure, (ii) only writes business and is only​
259-8.22licensed in the insurance holding company system's domestic state, and (iii) assumes no​
260-8.23business from any other insurer;​
261-8.24 (2) an insurance holding company system that is required to perform a group capital​
262-8.25calculation specified by the United States Federal Reserve Board. The lead state insurance​
263-8.26commissioner must request the calculation from the Federal Reserve Board under the terms​
264-8.27of information sharing agreements in effect. If the Federal Reserve Board is unable to share​
265-8.28the calculation with the lead state insurance commissioner, the insurance holding company​
266-8.29system is not exempt from the group capital calculation filing;​
267-8.30 (3) an insurance holding company system whose non-United States groupwide supervisor​
268-8.31is located within a reciprocal jurisdiction as described in section 60A.092, subdivision 10b,​
269-8.32that recognizes the United States state regulatory approach to group supervision and group​
270-8.33capital; or​
271-8.34 (4) an insurance holding company system:​
272-8​Sec. 13.​
273-REVISOR RSI H2601-1​HF2601 FIRST ENGROSSMENT​ 9.1 (i) that provides information to the lead state insurance commissioner that meets the​
274-9.2requirements for accreditation under the NAIC financial standards and accreditation program,​
275-9.3either directly or indirectly through the groupwide supervisor, that has determined the​
276-9.4information is satisfactory to allow the lead state insurance commissioner to comply with​
277-9.5the NAIC group supervision approach, as detailed in the NAIC Financial Analysis Handbook;​
278-9.6and​
279-9.7 (ii) whose non-United States groupwide supervisor that is not in a reciprocal jurisdiction​
280-9.8recognizes and accepts, as specified by the commissioner in an administrative rule, the​
281-9.9group capital calculation as the worldwide group capital assessment for United States​
282-9.10insurance groups that operate in that jurisdiction.​
283-9.11 (b) Notwithstanding paragraph (a), clauses (3) and (4), a lead state insurance​
284-9.12commissioner must require the group capital calculation for the United States operations​
285-9.13of any non-United States based insurance holding company system where, after any necessary​
286-9.14consultation with other supervisors or officials, requiring the group capital calculation is​
287-9.15deemed appropriate by the lead state insurance commissioner for prudential oversight and​
288-9.16solvency monitoring purposes or for ensuring the competitiveness of the insurance​
289-9.17marketplace.​
290-9.18 (c) Notwithstanding the exemptions from filing the group capital calculation under​
291-9.19paragraph (a), the lead state insurance commissioner may exempt the ultimate controlling​
292-9.20person from filing the annual group capital calculation or accept a limited group capital​
293-9.21filing or report in accordance with criteria specified by the commissioner in an administrative​
294-9.22rule.​
295-9.23 (d) If the lead state insurance commissioner determines that an insurance holding company​
296-9.24system no longer meets one or more of the requirements for an exemption from filing the​
297-9.25group capital calculation under this subdivision, the insurance holding company system​
298-9.26must file the group capital calculation at the next annual filing date unless given an extension​
299-9.27by the lead state insurance commissioner based on reasonable grounds shown.​
300-9.28 Sec. 14. Minnesota Statutes 2024, section 60D.19, is amended by adding a subdivision to​
301-9.29read:​
302-9.30 Subd. 11c.Liquidity stress test.(a) The ultimate controlling person of every insurer​
303-9.31subject to registration and also scoped into the NAIC liquidity stress test framework must​
304-9.32file the results of a specific year's liquidity stress test. The filing must be made to the lead​
305-9.33state insurance commissioner of the insurance holding company system, as determined by​
306-9.34the procedures within the Financial Analysis Handbook adopted by the NAIC.​
307-9​Sec. 14.​
308-REVISOR RSI H2601-1​HF2601 FIRST ENGROSSMENT​ 10.1 (b) The NAIC liquidity stress test framework includes scope criteria applicable to a​
309-10.2specific data year. The scope criteria must be reviewed at least annually by the NAIC​
310-10.3Financial Stability Task Force or the NAIC Financial Stability Task Force's successor. Any​
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,​
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.​
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.​
334-10.27 Subdivision 1.Annual group capital calculation; exemption permitted.The lead​
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;​
341-10​Sec. 15.​
342-REVISOR RSI H2601-1​HF2601 FIRST ENGROSSMENT​ 11.1 (2) has no insurers within the insurance holding company's structure that are domiciled​
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;​
346-11.5 (4) attests that no material changes in the transactions between insurers and noninsurers​
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.​
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​
374-11​Sec. 15.​
375-REVISOR RSI H2601-1​HF2601 FIRST ENGROSSMENT​ 12.1 (3) an insurer within the insurance holding company system otherwise exhibits qualities​
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,​
409-12​Sec. 15.​
410-REVISOR RSI H2601-1​HF2601 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;​
442-13​Sec. 16.​
443-REVISOR RSI H2601-1​HF2601 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​
478-14​Sec. 16.​
479-REVISOR RSI H2601-1​HF2601 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​
513-15​Sec. 16.​
514-REVISOR RSI H2601-1​HF2601 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.​
547-16​Sec. 16.​
548-REVISOR RSI H2601-1​HF2601 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​
581-17​Sec. 17.​
582-REVISOR RSI H2601-1​HF2601 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​
615-18​Sec. 17.​
616-REVISOR RSI H2601-1​HF2601 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;​
649-19​Sec. 17.​
650-REVISOR RSI H2601-1​HF2601 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​
684-20​Sec. 17.​
685-REVISOR RSI H2601-1​HF2601 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.​
718-21​Sec. 18.​
719-REVISOR RSI H2601-1​HF2601 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;​
752-22​Sec. 19.​
753-REVISOR RSI H2601-1​HF2601 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.​
782-23​Sec. 20.​
783-REVISOR RSI H2601-1​HF2601 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​
817-24​Sec. 22.​
818-REVISOR RSI H2601-1​HF2601 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.​
848-25​Sec. 24.​
849-REVISOR RSI H2601-1​HF2601 FIRST ENGROSSMENT​
68+REVISOR EB/DG 25-00484​11/27/24 ​ 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+3​Sec. 2.​
86+REVISOR EB/DG 25-00484​11/27/24 ​