§ 26.1-05-19.1 — Call options - Financial futures contracts

North Dakota § 26.1-05-19.1

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-05: Organization and Operation of Domestic Companies

Text

The purchase and sale of put options or call options or financial futures contracts are
subject to this section.
1. As used in this section:
a. "Call option" means an exchange-traded option contract under which the holder
has the right to buy, or to make a cash settlement in lieu of buying, a fixed
number of shares of stock, a fixed amount of an underlying security, or an index
of underlying securities at a stated price on or before a fixed expiration date.
b. "Commodity futures trading commission" means the trading regulatory agency
charged and empowered under the Commodity Futures Trading Commission Act
of 1974, as amended, with the regulation of futures trading in commodities.
c. "Financial futures contract" means an exchange-traded agreement to make or
take delivery of, or to make cash settlement in lieu of delivery of, a fixed amount
of an underlying security, or an index of underlying securities, on a specified date
or during a specified period of time, or a call or put option on such an agreement,
made through a registered futures commission merchant on a board of trade that
has been designated by the commodity futures trading commission as a contract
market. "Financial futures contract" includes a contract involving United States
treasury bills, bonds, or notes; securities or pools of securities issued by the
government national mortgage association; bank certificates of deposit; Standard
and Poor's 500 stock price index; New York stock exchange composite index; or
any other agreement that has been approved by and which is governed by the
rules and regulations of the commodity futures trading commission and the
respective contract markets on which such financial futures contracts are traded.
d. "Margin" means any type of deposit or settlement made or required to be made
with a futures commission merchant, clearinghouse, or safekeeping agent to
ensure performance of the terms of the financial futures contract. For the
purposes of this section, "margin" includes initial, maintenance, and variation
margins as those terms are commonly and customarily employed in the futures
industry.
e. "Put option" means an exchange-traded option contract under which the holder
has the right to sell, or to make a cash settlement in lieu of sale of, a fixed
number of shares of stock, fixed amount of an underlying security, or an index of
underlying securities at a stated price on or before a fixed expiration date.
f. "Securities and exchange commission" means the federal regulatory agency
charged and empowered under the Securities Exchange Act of 1934, as
amended, with the regulation of trading in securities.
g. "Underlying security" means the security subject to being purchased or sold upon
exercise of a call option or put option, or the security subject to delivery under a
financial futures contract.
2. The purchase and sale of put options or call options may take place under the
following conditions:
a. An insurance company may purchase put options or sell call options with regard
to underlying securities owned by the insurance company, underlying securities
that the insurance company may reasonably expect to obtain through exercise of
warrants or conversion rights owned by the insurance company at the time the
put option is purchased or the call option is sold, or to reduce the economic risk
associated with an insurance company asset or liability, group of such assets or
liabilities, or assets, liabilities or groups of assets or liabilities reasonably
expected to be acquired or incurred by the insurance company in the normal
course of business. Such assets or liabilities must be subject to an economic risk,
such as changing interest rates or prices.

b. An insurance company may sell put options or purchase call options to reduce
the economic risk associated with an insurance company asset or liability group
of such assets or liabilities, or assets, liabilities or groups of assets or liabilities
reasonably expected to be acquired or incurred by the insurance company in the
normal course of business, or to offset obligations and rights of the insurance
company under other options held by the insurance company pertaining to the
same underlying securities or index of underlying securities.
c. An insurance company may purchase or sell put options or call options only on
underlying securities, or an index of underlying securities, which are eligible for
investment by a life insurance company under the laws of this state.
d. An insurance company may purchase or sell put or call options only through an
exchange that is registered with the securities and exchange commission as a
national securities exchange pursuant to the provisions of the Securities
Exchange Act of 1934, as amended.
e. An insurance company may not purchase call options or sell put options, if the
purchase or sale could result in the acquisition of an amount of underlying
securities which, when aggregated with current holdings, exceeds applicable
limitations imposed under the laws of this state for investment in those particular
underlying securities.
f. The net amount of premiums paid for all option contracts purchased minus the
premiums received for all option contracts sold, plus the net amount of financial
futures contracts purchased minus financial futures contracts sold, may not at any
time exceed in the aggregate five percent of the insurance company's admitted
assets.
3. The purchase and sale of financial futures contracts may take place under the
following conditions:
a. An insurance company may purchase or sell financial futures contracts for the
purpose of hedging against the economic risk associated with an insurance
company asset or liability, group of such assets or liabilities, or assets, liabilities
or groups of assets or liabilities reasonably expected to be acquired or incurred
by the insurance company in its normal course of business. Such assets or
liabilities must be subject to an economic risk, such as changing interest rates or
prices.
b. An insurance company may not purchase or sell financial futures contracts or
options on such contracts, if the purchase or sale could result in the acquisition of
an amount of underlying securities which, when aggregated with current holdings,
exceeds applicable limitations imposed under laws of this state for investment in
those particular underlying securities.
c. The net amount of financial futures contracts purchased minus financial futures
contracts sold, plus the net amount of premiums paid for all option contracts
purchased minus the premiums received for all option contracts sold, may not at
any time exceed in the aggregate five percent of the insurance company's
admitted assets. For the purposes of transactions in financial futures contracts,
the admitted assets limitation is calculated by taking the net asset value of the
property used to margin the financial futures contract positions, plus option
premiums paid on financial futures contracts, less option premiums received on
financial futures contracts.
4. This section may not be utilized by a domestic insurance company without the prior
approval of the commissioner.