41-731. PROHIBITED INVESTMENTS AND INVESTMENT UNDERWRITING. (1) In addition to investments excluded under other provisions of this code, an insurer shall not directly or indirectly invest in or loan its funds upon the security of:
(a) Issued shares of its own capital stock, except for the purpose of mutualization under section 41-2854, Idaho Code, or in connection with a plan approved by the director for purchase of such shares by the insurer’s officers, employees, or agents, or for other reasonable purposes under a plan filed with and approved by the director. No such stock shall, however, constitute an asset of the insurer in any determination of its financial condition.
(b) Except with the director’s consent, any security issued by any corporation or enterprise the controlling interest of which is, or will after such acquisition by the insurer be, held directly or indirectly by the insurer or any combination of the insurer and the insurer’s directors, officers, parent corporation, subsidiaries, controlling stockholders, and the spouses and children of any of the foregoing individuals. Investments in subsidiaries under sections 41-706(2), 41-715 and 41-3803, Idaho Code, shall not be subject to this provision.
(c) Any note or other evidence of indebtedness of any director, officer, or controlling stockholder of the insurer, or the spouse or child of any of the foregoing individuals, except as to policy loans authorized under section 41-718, Idaho Code.
(d) Any investment or security which is found by the director to be designed to evade any prohibition of this chapter.
(2) No insurer shall underwrite or participate in the underwriting of an offering of securities or property by any other person.
History:
[41-731, added 1961, ch. 330, sec. 168, p. 645; am. 1969, ch. 214, sec. 25, p. 625; am. 1971, ch. 122, sec. 7, p. 408; am. 1993, ch. 194, sec. 10, p. 501; am. 2013, ch. 266, sec. 6, p. 680.]
Structure Idaho Code
Section 41-702 - ELIGIBLE INVESTMENTS.
Section 41-703 - GENERAL QUALIFICATIONS.
Section 41-704 - AUTHORIZATION OF INVESTMENTS.
Section 41-705 - RECORD OF INVESTMENTS.
Section 41-706 - DIVERSIFICATION OF INVESTMENTS.
Section 41-707 - PUBLIC OBLIGATIONS.
Section 41-708 - OBLIGATIONS AND STOCK OF CERTAIN FEDERAL AGENCIES.
Section 41-709 - IRRIGATION DISTRICT BONDS.
Section 41-710 - INTERNATIONAL BANK.
Section 41-711 - CORPORATE OBLIGATIONS.
Section 41-712 - CERTAIN TERMS DEFINED.
Section 41-713 - PREFERRED STOCKS — DIVERSIFICATION.
Section 41-714 - COMMON STOCKS.
Section 41-715 - INSURANCE STOCKS.
Section 41-716 - INVESTMENT TRUST SECURITIES.
Section 41-717 - EQUIPMENT TRUST OBLIGATIONS.
Section 41-718 - POLICY LOANS.
Section 41-719 - COLLATERAL LOANS.
Section 41-720 - SAVINGS AND SHARE ACCOUNTS.
Section 41-721 - MORTGAGE LOANS AND CONTRACTS.
Section 41-722 - MORTGAGE LOAN LIMITED BY PROPERTY VALUE.
Section 41-723 - APPRAISAL — LIMIT OF AMOUNT LOANED.
Section 41-724 - “IMPROVED REAL PROPERTY” DEFINED.
Section 41-725 - “ENCUMBRANCE” DEFINED.
Section 41-726 - SPECIAL INVESTMENTS BY TITLE INSURER.
Section 41-727 - FOREIGN SECURITIES.
Section 41-729 - TIME LIMIT FOR DISPOSAL OF REAL ESTATE.
Section 41-730 - DISPOSAL OF INELIGIBLE PROPERTY AND SECURITIES.
Section 41-731 - PROHIBITED INVESTMENTS AND INVESTMENT UNDERWRITING.
Section 41-732 - DOMESTIC RECIPROCAL INSURER.
Section 41-733 - SUBSIDIARY INVESTMENTS.
Section 41-734 - SEPARATE ACCOUNT FUNDS.