TITLE 33. INSURANCE AND INSURANCE COMPANIES

CHAPTER 12. INSURER INVESTMENTS

Part 3. Property and Casualty, Financial Guaranty, Mortgage Guaranty, Surety, Marine, and Title Insurers

Equity Interests

33-12-305. Equity interests. (1) Subject to the limitations of 33-12-302, an insurer may acquire equity interests in business entities organized under the laws of any domestic jurisdiction.

(2) An insurer may not acquire an investment under this section if, as a result of and after giving effect to the investment, the aggregate amount of investments then held by the insurer under this section would exceed the greater of 25% of its admitted assets or 100% of its surplus as regards policyholders.

(3) An insurer may not acquire under this section any investments that the insurer may acquire under 33-12-307.

(4) An insurer may not short sell equity investments unless the insurer covers the short sale by owning the equity investment or an unrestricted right to the equity instrument exercisable within 6 months of the short sale.

History: En. Sec. 29, Ch. 304, L. 1999.