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Home » US Law » 2022 North Carolina General Statutes » Chapter 58 - Insurance » Article 5 - Deposits and Bonds by Insurance Companies.

§ 58-5-1 – Deposits; use of master trust.

58-5-1. Deposits; use of master trust. Notwithstanding any other provision of law, the Commissioner is authorized to select a bank or trust company as master trustee to hold cash or securities to be pledged to the State when deposited with him pursuant to statute. Securities may be held by the master trustee in any form […]

§ 58-5-10 – Amount of deposits required of foreign or alien fidelity, surety and casualty insurance companies.

58-5-10. Amount of deposits required of foreign or alien fidelity, surety and casualty insurance companies. Unless otherwise provided in this Article, every fidelity, surety or casualty insurance company chartered by any other state or foreign government shall make and maintain deposits of securities with the Commissioner in the amount of two hundred thousand dollars ($200,000) […]

§ 58-5-100 – Deposits by alien companies required and regulated.

58-5-100. Deposits by alien companies required and regulated. An alien company, other than life, shall not be admitted to do business in this State until, in addition to complying with the conditions by law prescribed for the licensing and admission of such companies to do business in this State, it has made a deposit with […]

§ 58-5-105 – Deposits by life companies not chartered in United States.

58-5-105. Deposits by life companies not chartered in United States. Every alien life insurance company organized under the laws of any other country than the United States must have and keep on deposit with some state insurance department or in the hands of trustees, in exclusive trust for the security of its contracts with policyholders […]

§ 58-5-110 – Registration of bonds deposited in name of Treasurer or Commissioner.

58-5-110. Registration of bonds deposited in name of Treasurer or Commissioner. The Commissioner is hereby empowered, upon the written consent of any insurance company depositing with the Commissioner or the State Treasurer under any law of this State, any state, county, city, or town bonds or notes which are payable to bearer, to cause such […]

§ 58-5-115 – Notation of registration; release.

58-5-115. Notation of registration; release. Bonds or notes so registered shall bear notation of such registration on the reverse thereof, signed by the registering officer or agent, and may be released from such registration and may be transferred on such books of registry by the signature of the State Treasurer or Commissioner. (1925, c. 145, […]

§ 58-5-120 – Expenses of registration.

58-5-120. Expenses of registration. The necessary expenses of procuring such registration and any transfer thereof shall be paid by the company making the deposits. (1925, c. 145, s. 4; 1945, c. 384.)

§ 58-5-15 – Minimum deposit required upon admission.

58-5-15. Minimum deposit required upon admission. Upon admission to do business in the State of North Carolina every foreign or alien fire, marine, or fire and marine, fidelity, surety or casualty company shall deposit with the Commissioner securities in the amounts required under G.S. 58-5-5 and G.S. 58-5-10. (1945, c. 384; 1991, c. 681, s. […]

§ 58-5-20 – Type of deposits.

58-5-20. Type of deposits. The deposits required to be made under G.S. 58-5-5, 58-5-10, and 58-5-50 shall be composed of: (a) Interest-bearing bonds of the United States of America; (b) Interest-bearing bonds of the State of North Carolina, or of its cities or counties; or (c) Certificates of deposit issued by any solvent bank domesticated […]

§ 58-5-25 – Replacements upon depreciation of securities.

58-5-25. Replacements upon depreciation of securities. Whenever any of the securities deposited by companies under the provisions of G.S. 58-5-5, 58-5-10, and 58-5-50 shall be depreciated or reduced in value, such company shall forthwith increase the deposit in order to maintain the required deposit in accordance with the amounts required by the said sections. (1945, […]

§ 58-5-30 – Power of attorney.

58-5-30. Power of attorney. With the securities deposited in accordance with G.S. 58-5-5, 58-5-10, and 58-5-50 the company shall at the same time deliver to the Commissioner a power of attorney executed by its president and secretary or other proper officers authorizing the sale or transfer of said securities or any part thereof for the […]

§ 58-5-35 – Securities held by Treasurer; faith of State pledged therefor; nontaxable.

58-5-35. Securities held by Treasurer; faith of State pledged therefor; nontaxable. Unless a master trustee is selected by the Commissioner pursuant to G.S. 58-5-1, the securities required to be deposited by each insurance company in this Article shall be delivered for safekeeping by the Commissioner to the Treasurer of the State who shall receipt him […]

§ 58-5-40 – Authority to increase deposit.

58-5-40. Authority to increase deposit. When, in the Commissioner’s opinion, it is necessary for the protection of the public interest to increase the amount of deposits specified in G.S. 58-5-5, 58-5-10, 58-5-50, and 58-5-55, the companies described in those sections shall, upon demand, make additional deposits in such sums as the Commissioner may require, and […]

§ 58-5-50 – Deposits of foreign life insurance companies.

58-5-50. Deposits of foreign life insurance companies. In addition to other requirements of this Chapter, all foreign life insurance companies shall deposit securities, as specified in G.S. 58-5-20, that have a market value of four hundred thousand dollars ($400,000) as a prerequisite of doing business in this State. All foreign life insurance companies shall deposit […]

§ 58-5-55 – Deposits of capital and surplus by domestic insurance companies.

58-5-55. Deposits of capital and surplus by domestic insurance companies. (a) In addition to other requirements of Articles 1 through 64 of this Chapter, all domestic stock insurance companies shall deposit their required statutory capital with the Commissioner, and all domestic nonstock insurance companies shall deposit their required statutory surplus with the Commissioner. Such deposits […]

§ 58-5-63 – Interest; liquidation of deposits for liabilities.

58-5-63. Interest; liquidation of deposits for liabilities. (a) All insurance companies making deposits under this Article are entitled to interest on those deposits. The right to interest is subject to a company paying its insurance policy liabilities. If any company fails to pay those liabilities, interest accruing after the failure is payable to the Commissioner […]

§ 58-5-70 – Lien of policyholders; action to enforce.

58-5-70. Lien of policyholders; action to enforce. Upon the securities deposited with the Commissioner by any foreign or alien insurance company, the holders of all contracts of the company who are citizens or residents of this State at the time, or who hold policies issued upon property in the State, shall have a lien for […]

§ 58-5-71 – Liens of policyholders; subordination.

58-5-71. Liens of policyholders; subordination. Liens against the deposit of a foreign insurer under G.S. 58-5-70 shall be subordinated to the reasonable and necessary expenses of the Commissioner in liquidating the deposit and paying the special deposit claims. "Special deposit claims" has the same meaning set forth in G.S. 58-30-10(19). (1993 (Reg. Sess., 1994), c. […]

§ 58-5-75 – Substitution for securities paid.

58-5-75. Substitution for securities paid. Where the principal of any of the securities so deposited is paid to the Commissioner, he shall notify the company or its agent in this State, and pay the money so received to the company upon receiving other securities of the character named in this Article to an equal amount, […]