ARK LEG Insurance Holiday Company Act

Published on: Mar 17, 2025

On Mar. 12, ARK LEG enacted bill to amend financial criteria, mergers.

  • ARK LEG issued SB 236 to revise criteria for mergers and acquisitions, stocks, liquidity.
  • Amended Ins holding act ARK INS 23-63; repeal ARK INS 23-63-514(k) (registration).
  • Insurance Holding Company
  • Included definitions re group capital calculations, liquidity stress tests, and exposures.
  • Added criteria by which a domestic insurer by itself or in cooperation with one or more persons, may organize or acquire subsidiaries who may conduct business in the State.
  • May also invest in certain stocks, as long as subsidiaries follow investment limitations.
  • With the approval of Insurance Commissioner, may invest any greater amount in common stock, preferred stock, debt obligations, securities if reasonable or adequate.
  • Accepted certain conditions if they apply in respect to merger that limits competition.
  • A hearing may also be held for a proposed acquisition of control if approval of more than one INS Commissioner is needed, and statement of filing must be filed with NAIC.
  • The State insurance commissioners will hear testimony, examine witnesses, receive evidence and may attend the consolidated hearing in person or by telecommunication.
  • Added the criteria to calculate group capital calculations as well as filing exemptions.
  • Ultimate controlling person subject to registration and in scope re NAIC liquidity stress test framework will file results for specific year, which scope will be reviewed annually.
  • Reported on insurer record retention policies and the segregation of certain records.
  • Legislative History
  • On Feb. 17, 2025, bill introduced in Senate; on Feb. 24, 2025, bill passed in Senate.
  • On Feb. 24, 2025, bill delivered to House; on Mar. 10, 2025, bill was passed in House.
  • On Mar. 12, 2025, bill was approved by the governor and Bill SB 236 became Act 261.
  • Effectiveness
  • Act effective 91 days after legislature adjourned sine die (May 5), so Aug. 4, 2025.
Regulators
ARK LEG
Entity Types
IHC; Ins
Reference
Act 261, PR, Bill SB236, 3/12/2025; Citation: *ARK INS* 23-63, 23-63-514;
Functions
Compliance; Financial; Legal; Record Retention; Registration/Licensing; Reporting
Countries
United States of America
Category
State
N/A
Products
Insurance; Insurance-Casualty; Insurance-Health; Insurance-Life; Insurance-Property
Rule Type
Final
Regions
Am
Rule Date
Mar 12, 2025
Effective Date
Aug 4, 2025
Rule ID
246812
Linked to
N/A
Reg. Last Update
Mar 12, 2025
Report Section
US Insurance