§ 31A-18-108 — Prohibited investments.

(1) As used in this section, "government insurer" means a governmental entity that is authorized by statute or rule to provide an arrangement, contract, or plan:
(1)(a) for the transfer of a risk or risks from one or more persons to one or more other persons; or
(1)(b) for the distribution of a risk or risks among a group of persons that includes the person seeking to distribute that person's risk.
(2) An insurer may not:
(2)(a) invest in:
(2)(a)(i) an investment prohibited by a department rule or statute of this state;
(2)(a)(ii) securities issued by a corporation if one or more of the insurer's officers or directors owns, directly or indirectly, a majority of the corporation's stock with voting power;
(2)(a)(iii) securities issued by an insolvent corporation; or
(2)(a)(iv) any instrument or security that the commissioner finds is designed to evade a limitation or prohibition in this chapter; or
(2)(b) use a derivative instrument for:
(2)(b)(i) replication; or
(2)(b)(ii) any purpose other than hedging or income generation.
(3) A government insurer may not invest public funds in an investment where the sole purpose of the investment is a purpose other than maximizing the risk-adjusted return on the investment.
(4) The commissioner shall allow an insurer a reasonable time, not to exceed five years, to divest of prohibited investments if:
(4)(a) the insurer demonstrates the investment was not prohibited at the time the insurer made the investment;
(4)(b) the insurer made a good faith mistake in making the investment; or
(4)(c) the commissioner determines that the sale of the investment is contrary to the interests of insureds, creditors, or the general public.

Legislative History

Repealed and Re-enacted by Chapter 368, 2025 General Session