Title 58 — INSURANCE
79 chapters · 3,532 sections in this title.
SDCL § 58-39-1 Incorporators, number required--Purpose of incorporation
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Five or more natural persons of full age and of either sex, all of whom are residents of this state and citizens of the United States, may form, under the provisions of the law of this state relating to benevolent corporations, so far as those provisions are applicable and are no…
SDCL § 58-39-10 Practice of dentistry not authorized by chapter
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Nothing in this chapter shall authorize any person, association, or corporation to engage, in any manner, in the practice of dentistry. Source: SL 1966, ch 111 , ch 30, § 5.
SDCL § 58-39-11 Expenses of acquisition and administration--Control by director
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All acquisition and administrative expenses in connection with such dental service corporation shall at all times be subject to control by the director. Source: SL 1966, ch 111 , ch 30, § 9.
SDCL § 58-39-12 Permitted investments
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The funds of any corporation subject to the provisions of this chapter shall be invested only in securities permitted by the laws of this state for the investment of assets of life insurance companies. Source: SL 1966, ch 111 , ch 30, § 10.
SDCL § 58-39-13 Foreign corporation--Transaction of business in state
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A nonprofit dental service corporation organized under the laws of another state or any territory may, with the approval of the director, and under the rules as may be promulgated, consistent with the provisions of this chapter, transact and carry on its business in this state, p…
SDCL § 58-39-14 Annual statement of financial condition--Filing--Verification--Form and contents
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Every dental service corporation shall regularly on or before the first day of March file in the office of the director a statement verified by at least two of the principal officers of said corporation showing its condition on the preceding thirty - first day of December, which …
SDCL § 58-39-15 Investigation and examination by director--Cost borne by corporation
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The director may investigate and examine the books and records of any dental service corporation, and may summon and examine under oath its officers, representatives, insurance producers, employees, or other persons in relation to the affairs, transactions, and conditions of the …
SDCL § 58-39-16 Exemption from other insurance laws, exceptions--Fees and taxation as insurers
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Any dental service corporation is exempt from all provisions of the insurance laws of this state other than this chapter. However, the corporation is subject to the provisions of this title on matters of hearings, appeals, mergers, dissolutions, licensure of insurance producers, …
SDCL § 58-39-16.1 Assignment of benefits provisions applicable
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Notwithstanding the provisions of § 58-39-16 , the provisions of §§ 58-17-163 to 58-17-166 , inclusive, apply to any dental service corporation organized under this chapter. Source: SL 2017, ch 213 , § 5.
SDCL § 58-39-17 Citation of chapter
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This chapter may be cited as the Dental Service Corporation Law. Source: SL 1966, ch 111 , ch 30, § 1.
SDCL § 58-39-2 Articles of incorporation and amendments--Approval by director--Filing with secretary of state
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The articles of incorporation of every dental service corporation, and amendments thereto, shall be submitted to the director, whose approval thereof shall be endorsed thereon before the same are filed with the secretary of state. Source: SL 1966, ch 111 , ch 30, § 3.
SDCL § 58-39-3 Members and directors
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A dental service corporation shall consist of a board of directors and of such members, grouped in such classes, as the bylaws of the corporation shall provide. Source: SL 1966, ch 111 , ch 30, § 4.
SDCL § 58-39-4 Board of directors--Minimum number--Qualifications--Selection--Term of office
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The business of a dental service corporation shall be managed by a board of directors of at least five persons possessing the same general qualifications as the incorporators and selected, and the number fixed, in the manner set out by the bylaws for three - year terms. At least …
SDCL § 58-39-5 License to issue contracts required--Violation as misdemeanor
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A corporation subject to the provisions of this chapter may issue contracts only when the director has by formal license authorized it to do so. Violation of this section is a Class 2 misdemeanor. Source: SL 1966, ch 111 , ch 30, § 6; SL 1978, ch 359 , § 2.
SDCL § 58-39-6 Application for license--Form and contents--Documents accompanying
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Application for the license required by § 58-39-5 shall be made on forms to be approved by the director, containing such information as he shall deem necessary. Each application for such license shall be accompanied by copies of the following documents: (1) Certified copy of its …
SDCL § 58-39-7 Issuance of license--Matters considered by director
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The director shall issue license upon being satisfied on the following points: (1) That the applicant is established as a bona fide nonprofit dental service corporation; (2) That the contracts between the applicant and the participating dentists obligate each dentist to render se…
SDCL § 58-39-8 Contracts with subscribers--Rates charged for services--Approval by director
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Any dental service corporation organized under the provisions of this chapter may enter into contracts with subscribers to furnish dental service through dentists. The rates charged by any such corporation to the subscriber for dental service and the contracts by said corporation…
SDCL § 58-39-9 Care provided by noncontracting dentist--Contracting dentist unavailable
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If at any time that the subscriber or certificate holder is entitled to dental service no dentist is available or in case of emergency or expediency, the dental service corporation shall provide such care by dentists who have not contracted with such corporation to such extent as…