Sec. 823.253. GENERAL STANDARD FOR INVESTMENT IN AFFILIATE. (a) A domestic insurer may invest in the securities of one or more of the insurer's affiliates organized for any lawful purpose if:
(1) the amounts invested under this subsection in the aggregate do not exceed the lesser of:
(A) 10 percent of the insurer's assets; or
(B) 50 percent of the insurer's policyholders' surplus; and
(2) after investment under this subsection, the insurer's policyholders' surplus is reasonable in relation to the insurer's outstanding liabilities and adequate to the insurer's financial needs.
(b) For purposes of computing the amount of the investments under this section:
(1) investments in domestic or foreign insurance subsidiaries are excluded; and
(2) the following amounts are included:
(A) the total net amount spent and the amount of obligations assumed to acquire or form a subsidiary, including all organizational expenses and contributions to capital and surplus of the subsidiary regardless of whether represented by the purchase of capital stock or issuance of other securities; and
(B) all amounts spent to acquire additional securities and all contributions to the capital or surplus of a subsidiary made after the acquisition or formation of the subsidiary.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
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