A. No domestic insurer shall invest in or loan funds secured by:
1. Issued shares of its own capital stock without the Commission's approval. This approval shall be based on an evaluation that indicates the investment does not adversely affect the insurer or its policyholders. The insurer shall not invest in or own more than 20 percent of its outstanding issued stock, except for the purpose of mutualization;
2. Securities of an insolvent entity;
3. Securities that, by their terms, will subject the insurer to any assessment other than for taxes or for wages; however, the term "assessment" shall not include ordinary contractual payments or the transfer of collateral or margin made under derivative instruments invested in or owned under § 38.2-1428;
4. Investments that, as determined by the Commission, are designed to evade any prohibition of this title; or
5. Any obligation or investment prohibited by § 38.2-1411.2.
B. Notwithstanding the provisions of this chapter, the Commission may order a domestic insurer to limit or withdraw from certain investments, or discontinue certain investment practices, to the extent the Commission finds that such investment or investment practice endangers the solvency of the insurer or is otherwise hazardous to policyholders, creditors or the public in this Commonwealth.
1983, c. 457, § 38.1-217.8; 1986, c. 562; 1992, c. 588; 2011, c. 198.
Structure Code of Virginia
§ 38.2-1400. Scope and purpose of chapter
§ 38.2-1402. Authority to invest; classification of investments by category
§ 38.2-1403. Category 2 investments limits
§ 38.2-1404. Classification of existing investments
§ 38.2-1405. Dates of determination
§ 38.2-1406. Investment conversions
§ 38.2-1407. Prohibited investments
§ 38.2-1408. Authorization of investments
§ 38.2-1409. Powers with respect to property
§ 38.2-1410. Items not deemed to be prior liens or encumbrances
§ 38.2-1411.1. Investment limits generally
§ 38.2-1411.2. Investment limits in medium grade and lower grade obligations
§ 38.2-1413. Investment limits for one obligor, one issue or one loan
§ 38.2-1414. Limits by type of investment
§ 38.2-1415. Obligations of domestic governmental entities
§ 38.2-1416. Canadian governmental obligations
§ 38.2-1417. Canadian corporate obligations
§ 38.2-1418. Obligations of certain international agencies
§ 38.2-1419. Railroad terminal and other securities
§ 38.2-1420. Transportation equipment trust certificates
§ 38.2-1421. Business entity obligations
§ 38.2-1422. Obligations secured by certain leases
§ 38.2-1424. Guaranteed stocks
§ 38.2-1425. Common stock of banks or trust companies
§ 38.2-1426. Application of earnings tests
§ 38.2-1427. Common stock; covered call options
§ 38.2-1427.1. Limited partnerships
§ 38.2-1427.2. Investment company shares and units of beneficial interest
§ 38.2-1427.3. Investment authority; subsidiary corporations
§ 38.2-1428. Derivative instruments
§ 38.2-1429. Lending of securities
§ 38.2-1432. Savings, certificates, etc.
§ 38.2-1433. Foreign securities
§ 38.2-1435. Second mortgages; wrap-around mortgages
§ 38.2-1436. Mortgage participations
§ 38.2-1437. Limitations on mortgages
§ 38.2-1437.1. Mortgage pass-through securities
§ 38.2-1438. Renewals and extensions when value of property decreases
§ 38.2-1439. Chattel mortgages
§ 38.2-1440. Investment in personal property
§ 38.2-1442. Guaranty association obligations
§ 38.2-1445. Separate accounts deemed Category 1 investments