If the transaction involves a loan or extension of credit to any person who is not an affiliate, the person making the Form D filing must furnish a brief description of the agreement or understanding whereby the proceeds of the proposed transaction, in whole or in substantial part, are to be used to make loans or extensions of credit to, to purchase the assets of, or to make investments in any affiliate of the insurer making the loans or extensions of credit and specify in what manner the proceeds are to be used to loan to, extend credit to, purchase assets of, or make investments in any affiliate. The person must also describe the amount and source of duns, securities, property, or other consideration for the loan or extension of credit and, if the transaction is one involving consideration other than cash, a description of its cost and its fair market value, together with an explanation of the basis for evaluation. The person must furnish a brief statement of the effect of the transaction on the insurer's surplus.
S.D. Admin. R. 20:06:09:39
General Authority: SDCL 58-5A-70.
Law Implemented: SDCL 58-5A-56, 58-5A-70.