(a) An insurer may acquire investments or engage in investment practices with entities or institutions of or in foreign jurisdictions of substantially the same type that an insurer may acquire under this subchapter for investments in the United States if, as a result of and after giving effect to the investment:
(1) The aggregate amount of foreign domiciled investments held by the insurer under this subsection does not exceed twenty percent (20%) of the insurer's admitted assets;
(2) The aggregate amount of foreign investments held by the insurer under this subsection, domiciled in a single foreign jurisdiction, does not exceed:
(A) Ten percent (10%) of its admitted assets to a foreign jurisdiction that has a sovereign debt rating of "1" by the Securities Valuation Office of the National Association of Insurance Commissioners; or
(B) Three percent (3%) of its admitted assets to any other foreign jurisdiction; and
(3) The insurer does not hold more than three percent (3%) of its admitted assets in investments of any kind issued, assumed, accepted, insured, or guaranteed by a single foreign entity or institution.
(b) Except as provided in § 23-63-805, an insurer may acquire investments or engage in investment practices denominated in foreign currencies when the investments are foreign investments under subsection (a) of this section or the investments are limited to foreign currency exposure as a result of the termination or expiration of a hedging transaction concerning investments denominated in a foreign currency if, as a result of and after giving effect to the investment:
(1) The aggregate amount of investments held by the insurer under this subsection denominated in foreign currencies does not exceed ten percent (10%) of its admitted assets;
(2) The aggregate amount of investments held by the insurer under this subsection denominated in the foreign currency of a single foreign jurisdiction does not exceed three percent (3%) of its admitted assets as to a foreign jurisdiction that does not have a sovereign debt rating of "1" by the Securities Valuation Office of the National Association of Insurance Commissioners; and
(3) An investment shall not be considered denominated in a foreign currency if the acquiring insurer:
(A) Enters into at least one (1) transaction under § 23-63-841; and
(B) The business entity counterparty agrees or contracts to exchange all payments made on the foreign currency denominated investment for United States currency at a rate that effectively insulates the investment cash flows against future fluctuations in currency exchange rates during the time a contract is in effect.
(c) Canadian securities that are eligible for investment under other provisions of this subchapter are not subject to this section.
Section: Previous 23-63-817 23-63-818 23-63-819 23-63-820 23-63-821 23-63-822 23-63-823 23-63-824 23-63-825 23-63-826 23-63-827 23-63-828 23-63-829 23-63-830 23-63-831 NextLast modified: November 15, 2016