West Virginia Code § 33-13A-3

Qualification of companies, subsidiaries and affiliates
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No 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 the
commissioner is satisfied 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 shall consideer among other
things:
(a) The history and financial condition of the company;
(b) The character, responsibility and 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 acompany 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 to have met the provisions oif this section if either it or the parent or the
affiliated company meets the requirements hereof.

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