Exemption for financially related transactions or reviews
Arkansas Code § 23-61-108; Arkansas Code § 25-15-203
(a)
- (1) Financially related reviews by the State Insurance Department or administrative actions undertaken by the department pertaining to the financial solvency, ownership, condition, or affairs of an insurer or business organization licensee that may ultimately result in an administrative order shall be exempt from the provisions of this part.
- (2) Instead, the specific, pertinent provisions of the Arkansas Insurance Code or the department’s administrative rules pertaining to the activity under review shall apply to provide the procedures, forms, or practices related to the financial activities.
(3) This exemption applies, by example and without limitation, to:
- (A) Mergers and acquisitions;
- (B) Holding company transactions;
- (C) Financial examinations and adoption orders of such reports;
- (D) Risk-based capital requirements;
- (E) Changes of ownership;
- (F) Hazardous condition situations;
- (G) Rehabilitations;
- (H) Receiverships;
- (I) Liquidations;
- (J) Material business modifications; and
- (K) Any other matter pertaining to the financial affairs of an insurer or licensed business organization.
- (b) The department maintains that there already exist adequate and unique statutory or rule-based requirements supplying the department practices or procedures required for such activities in Chapters 62, 63, and 69 of the Arkansas Insurance Code.