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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsDecember 2017


Regulatory Flexibility Act Form

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18 DE Admin. Code 1801
The Department of Insurance gave notice in the Delaware Register of Regulations at 21 DE Reg. 271 (10/01/2017) of its proposal to amend Department of Insurance Regulation 1801 relating to reporting forms and instructions for Insurance Holding Company System Regulation. The Department’s internal docket number for this regulatory project is 3607-2017.
The purpose of the proposed amendment was to add new subsection 4.5. This new subsection put filers of reporting forms on notice that any statement submitted to the Department pursuant to the National Association of Insurance Commissioners (NAIC) Insurance Holding Company System Regulatory Act, 18 Del.C. Ch. 50, should not be considered “filed” until the Commissioner of the Department of Insurance determines that the statement is complete. The Department is also making edits to Section 8.0, Definitions, to comport that section with the Delaware Administrative Code Drafting and Style Manual.
The Department is re-proposing proposed new subsection 4.5, but revised to put filers on notice that any Form A statement submitted to the Department pursuant to the National Association of Insurance Commissioners (NAIC) Insurance Holding Company System Regulatory Act, 18 Del.C. Ch. 50, should not be considered “filed” until the Commissioner of the Department of Insurance determines that the statement is complete. The Department is also proposing to make the same edits to Section 8.0, Definitions, as were proposed in its October 1 proposal, for the same reason. The Department is also revising Section 23.0 of the regulation to update the effective dates of the existing regulation and of proposed new subsection 4.5.
These regulations are promulgated pursuant to the authority granted by 18 Del.C. §311 and Ch. 50; and 29 Del.C. Ch. 101.
The purpose of these regulations is to set forth rules and procedural requirements which the Commissioner deems necessary to carry out the provisions of the NAIC Insurance Holding Company System Regulatory Act, 18 Del.C. Ch. 50 of the Insurance Code hereinafter referred to as "the Act." The information called for by these regulations is hereby declared to be necessary and appropriate in the public interest and for the protection of the policyholders in this State.
8.3 Unless the context otherwise requires, other with the exception of the terms listed below, terms found in these regulations and in Section 5003 of the Act are used as defined in the Act. Other nomenclature or terminology is according to the Insurance Code, or industry usage if not defined by the Code.
8.1 "Executive officer" means chief executive officer, chief operating officer, chief financial officer, treasurer, secretary, controller, and any other individual performing functions corresponding to those performed by the foregoing officers under whatever title.
8.2 "Ultimate controlling person" means that person which who is not controlled by any other person.
19.2.13 Specify that the affiliate will continue to maintain any systems, programs, or other infrastructure notwithstanding a seizure by the Commissioner under 18 Del.C. Ch. 59, and will make them available to the receiver, for so long as the affiliate continues to receive timely payment for services rendered.
This Regulation became effective on January 11, 2016. New subsection 4.5 shall become effective 10 days after being published as a final regulation {insert date that is 10 days after being published as a final regulation}.
Last Updated: December 31 1969 19:00:00.
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