§ 27-35-1.5. Subsidiaries of insurer.
(a) Authorization. A domestic insurer, either by itself or in cooperation with one or more persons, may
organize or acquire one or more subsidiaries. The subsidiaries may conduct any kind
of business or businesses and their authority to do so shall not be limited by reason
of the fact they are subsidiaries of a domestic insurer.
(b) Additional investment authority. In addition to investments in common stock, preferred stock, debt obligations, and
other securities permitted under all other sections of this chapter, a domestic insurer
may also:
(1) Invest, in common stock, preferred stock, debt obligations, and other securities of
one or more subsidiaries, amounts which do not exceed the lesser of ten percent (10%)
of the insurer's assets or fifty percent (50%) of the insurer's surplus as regards
policyholders, provided that after such investments, the insurer's surplus as regards
policyholders will be reasonable in relation to the insurer's outstanding liabilities
and adequate to meet its financial needs. In calculating the amount of such investments,
investments in domestic or foreign insurance subsidiaries and health maintenance organizations
shall be excluded, and there shall be included:
(i) Total net monies or other consideration expended and obligations assumed in the acquisition
or formation of a subsidiary, including all organizational expenses and contributions
to capital and surplus of the subsidiary whether or not represented by the purchase
of capital stock or issuance of other securities; and
(ii) All amounts expended in acquiring additional common stock, preferred stock, debt obligations,
and other securities; and all contributions to the capital or surplus of a subsidiary
subsequent to its acquisition or formation;
(2) Invest any amount in common stock, preferred stock, debt obligations, and other securities
of one or more subsidiaries engaged or organized to engage exclusively in the ownership
and management of assets authorized as investments for the insurer provided that each
subsidiary agrees to limit its investments in any asset so that such investments will
not cause the amount of the total investment of the insurer to exceed any of the investment
limitations specified in subsection (b)(1) of this section or in chapter 11.1 of this
title applicable to the insurer. For the purpose of this subsection (b)(2), "the total
investment of the insurer� shall include:
(i) Any direct investment by the insurer in an asset; and
(ii) The insurer's proportionate share of any investment in an asset by any subsidiary
of the insurer, which shall be calculated by multiplying the amount of the subsidiary's
investment by the percentage of the ownership of the subsidiary;
(3) With the approval of the commissioner, invest any greater amount in common stock,
preferred stock, debt obligations, or other securities of one or more subsidiaries;
provided that after the investment the insurer's surplus as regards policyholders
will be reasonable in relation to the insurer's outstanding liabilities and adequate
to its financial needs.
(c) Exemption from investment restrictions. Investments in common stock, preferred stock, debt obligations or other securities
of subsidiaries made pursuant to subsection (b) of this section shall not be subject
to any of the otherwise applicable restrictions or prohibitions contained in this
chapter applicable to such investments of insurers.
(d) Qualification of investment; When determined. Whether any investment made pursuant to subsection (b) of this section meets the applicable
requirements of that subsection is to be determined before the investment is made,
by calculating the applicable investment limitations as though the investment had
already been made, taking into account the then outstanding principal balance on all
previous investments in debt obligations, and the value of all previous investments
in equity securities as of the day they were made, net of any return of capital invested,
not including dividends.
(e) Cessation of control. If an insurer ceases to control a subsidiary, it shall dispose of any investment therein
made pursuant to this section within three (3) years from the time of the cessation
of control or within such further time as the commissioner may prescribe, unless at
any time after the investment shall have been made, the investment shall have met
the requirements for investment under any other section of this chapter, and the insurer
has so notified the commissioner.