Title 33, Chapter 11, Section 58
( 33-11-58)
(a)(1) For purposes of determining compliance with Code Section 33-11-61, securities of a single issuer and its affiliates, other than: (A) The government of the United States; or (B) Government sponsored enterprises, shall not exceed 10 percent of admitted assets. (2) This limitation shall not apply to the aggregate amounts
insured by a single financial guaranty insurer with the highest
generic rating issued by a nationally recognized statistical
rating organization. (b) For the purpose of determining compliance with the limitations of this Code section, the admitted portion of assets of subsidiaries authorized under Code Section 33-13-2 shall be deemed to be owned directly by the insurer and any other investors in proportion to the market value or, if there is no market, the reasonable value of their interest in the subsidiaries. (c) To the extent that investments exceed the limitations specified in subsections (a) and (b) of this Code section, the excess may be assigned to the investment class authorized in paragraph (15) of Code Section 33-11-55, until that limit is exhausted. (d) Unless otherwise specified, an investment limitation computed on
the basis of an insurer's admitted assets or capital and surplus
shall relate to the amount required to be shown on the statutory
balance sheet of the insurer most recently required to be filed with
the Commissioner. (e) Notwithstanding any provision of the federal Secondary Mortgage
Enhancement Act, 15 U.S.C. Section 77r-1, to the contrary, any
insurer subject to the provisions of this article shall comply with
all restrictions and limitations concerning investments provided in
this article. (f) Notwithstanding any other provision of this article, an insurer
authorized to transact insurance in a foreign country may make
investments, in a manner consistent with the laws of such country,
in securities or other investments which are similar in
characteristics and quality to like investments required pursuant to
this chapter for investments in the United States of America. The
aggregate amount of the investments must not exceed the amount which
is customary and necessary for the servicing of the insurance which
the insurer has in force in the foreign country. (g) Subject to the restrictions and limitations provided in this
article, an insurer may invest in bonds, notes, warrants, and other
securities not in default which are the direct obligations of the
government of any foreign country for which the full faith and
credit of such government has been pledged for the payment of
principal and interest, provided such securities are listed as high
by a securities rating organization accepted by the National
Association of Insurance Commissioners in accordance with valuation
standards adopted by the National Association of Insurance
Commissioners and adopted by regulation promulgated by the
Commissioner or as otherwise prescribed by regulation promulgated by
the Commissioner. |