SEC. 83-7-43. Authority to deliver or issue for delivery within state contracts providing for benefits in variable amounts.
No domestic life insurance company and no other life insurance company shall deliver or issue for delivery within this state, variable contracts unless it is licensed or organized to do a life insurance or annuity business in this state, and has satisfied the commissioner of insurance that its condition or method of operation in connection with the issuance of such contracts will not render its operation hazardous to the public or its policyholders in this state. In this connection, the commissioner of insurance shall consider among other things:
(a) the history and financial condition of the company;
(b) the character, responsibility and general fitness of the officers and directors of the company; and
(c) the law and regulation under which the company is authorized in the state of domicile to issue variable contracts. The state of entry of an alien company shall be deemed its place of domicile for this purpose.
If the company is a subsidiary of an admitted life insurance company, or affiliated with such company through common management or ownership, it may be deemed by the commissioner of insurance to have met the provisions of this section if either it or the parent or the affiliated company meets the requirements hereof.
SOURCES: Codes, 1942, Sec. 5649-39; Laws, 1968, ch. 475, Sec. 9; 1978, ch. 457, Sec. 9, eff from and after July 1, 1978.