Okla. Stat. tit. 36, § 36-1631

This is the official text of Okla. Stat. tit. 36, § 36-1631, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.

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Definitions

Official statutory text

As used in this act, the following terms shall have these

meanings unless the context shall otherwise require:

1. "Affiliate of" or person "affiliated with" a specific person

means a person that directly, or indirectly through one or more

intermediaries, controls, or is controlled by, or is under common

control with, the person specified;

2. "Commissioner" means the Insurance Commissioner of the State

of Oklahoma, the Commissioner's deputies, or the Insurance

Department, as appropriate;

3. "Control" includes the terms "controlling", "controlled by"

and "under common control with" and means the possession, direct or

indirect, of the power to direct or cause the direction of the

management and policies of a person, whether through the ownership

of voting securities, by contract other than a commercial contract

for goods or nonmanagement services, or otherwise, unless the power

is the result of an official position or corporate office held by

the person. Control shall be presumed to exist if any person,

directly or indirectly, owns, controls, holds with the power to

vote, or holds proxies representing, ten percent (10%) or more of

the voting securities of any other person. This presumption may be

rebutted by a showing made in the manner provided by subsection K of

Section 1635 of this title that control does not exist in fact. The

Commissioner may determine, after furnishing all persons in interest

notice and opportunity to be heard and making specific findings of

fact to support the determination that control exists in fact,

notwithstanding the absence of a presumption to that effect;

4. "Group-wide supervisor" means the regulatory official

authorized to engage in conducting and coordinating group-wide

supervision activities who is determined or acknowledged by the

Commissioner under Section 1639 of this title to have sufficient

significant contacts with the internationally active insurance

group;

Oklahoma Statutes - Title 36. Insurance Page 450

5. "Group Capital Calculation Instructions" means the group

capital calculation instructions as adopted by the NAIC and as

amended by the NAIC from time to time in accordance with the

procedures adopted by the NAIC;

6. "Insurance holding company system" means an insurance

holding company system consisting of two or more affiliated persons,

one or more of which is an insurer;

7. "Insurer" has the same meaning as set forth in Section 103

of Title 36 of the Oklahoma Statutes, except that it shall not

include agencies, authorities or instrumentalities of the United

States, its possessions and territories, the Commonwealth of Puerto

Rico, the District of Columbia, or a state or political subdivision

of a state;

8. "Internationally active insurance group" means an insurance

holding company system that:

a. includes an insurer registered under Section 1635 of

this title, and

b. meets the following criteria:

(1) premiums written in at least three countries,

(2) the percentage of gross premiums written outside

the United States is at least ten percent (10%)

of the insurance holding company system's total

gross written premiums, and
ance group" means an insurance

holding company system that:

a. includes an insurer registered under Section 1635 of

this title, and

b. meets the following criteria:

(1) premiums written in at least three countries,

(2) the percentage of gross premiums written outside

the United States is at least ten percent (10%)

of the insurance holding company system's total

gross written premiums, and

(3) based on a three-year rolling average, the total

assets of the insurance holding company system

are at least Fifty Billion Dollars

($50,000,000,000.00) or the total gross written

premiums of the insurance holding company system

are at least Ten Billion Dollars

($10,000,000,000.00);

9. "Enterprise risk" means any activity, circumstance, event or

series of events involving one or more affiliates of an insurer

that, if not remedied promptly, is likely to have a material adverse

effect upon the financial condition or liquidity of the insurer or

its insurance holding company system as a whole, including, but not

limited to, anything that would cause the insurer's risk-based

capital to fall into company action level as set forth in the Risk-

based Capital for Insurers Act provided in Sections 1521 through

1533 of Title 36 of the Oklahoma Statutes, or would cause the

insurer to be in hazardous financial condition pursuant to rules

promulgated by the Insurance Department;

10. "NAIC" means the National Association of Insurance

Commissioners;

11. "NAIC Liquidity Stress Test Framework" means a separate

NAIC publication which includes a history of the NAIC's development

of regulatory Liquidity Stress Testing, the Scope Criteria

applicable for a specific data year, and the Liquidity Stress Test

Oklahoma Statutes - Title 36. Insurance Page 451

instructions and reporting templates for a specific data year, such

Scope Criteria, instructions and reporting template being as adopted

by the NAIC and as amended by the NAIC from time to time in

accordance with the procedures adopted by the NAIC;

12. "Person" means an individual, a corporation, a limited

liability company, a partnership, an association, a joint stock

company, a trust, an unincorporated organization, any similar entity

or any combination of the foregoing acting in concert, but shall not

include any joint venture partnership exclusively engaged in owning,

managing, leasing or developing real or tangible personal property;

13. "Scope Criteria" means, as detailed in the NAIC Liquidity

Stress Framework, the designated exposure bases along with minimum

magnitudes thereof for the specified data year, used to establish a

preliminary list of insurers considered scoped into the NAIC

Liquidity Stress Test Framework for that data year;

14. "Securityholder" of a specified person means one who owns

any security of such person, including common stock, preferred

stock, debt obligations and any other security convertible into or

evidencing the right to acquire any of the foregoing;

15. "Subsidiary" of a specified person means an affiliate

controlled by such person directly or indirectly through one or more

intermediaries; and

16. "Voting security" means any security convertible into or

evidencing a right to acquire a voting security.

Status: in_force · Read it on the official government site

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