HRS §431:4F-108
When the insurance commissioner can act on a branch's finances
If a U.S. branch of a foreign insurer reports that its extra funds fall below the required minimum, the insurance commissioner can treat it like a risky domestic insurer and take action under the state's insurance laws. This section only gives the commissioner that authority.
The statute, as written — Authority of commissioner
Whenever it appears to the commissioner from any annual statement, quarterly statement, trusteed surplus statement, or any other report that a United States branch's trusteed surplus is reduced below minimum capital and surplus or the authorized control level risk-based capital, whichever is greater, required to be maintained by a domestic insurer licensed to transact the same kinds of insurance, the commissioner may proceed against the insurer pursuant to articles 5 and 15 as an insurer whose condition is such that its further transaction of business in the United States will be hazardous to its policyholders, its creditors, or the public in the United States.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.