40-2a18. Real estate investment trusts. Any insurance company other than life heretofore or hereafter organized under any law of this state may invest with the direction or approval of a majority of its board of directors or authorized committee thereof, any of its funds, or any part thereof in shares of beneficial interest in or obligations issued by a real estate investment trust qualified under sections 856 through 858 of the federal internal revenue code which meet the following qualifications:
(a) The obligations shown on the last published annual statement of such trust must meet the qualifications specified for corporate obligations in subsections (a) through (d) of K.S.A. 40-2a05.
(b) Cash dividends have been paid during each of the last three (3) years preceding the date of acquisition.
(c) The shares are registered on a national securities exchange regulated under the securities exchange act of 1934, as amended, or regularly traded on a national or regional basis.
(d) The trust shall have earnings in three (3) of the last five (5) years preceding date of acquisition.
(e) No insurance company shall own more than five percent (5%) of the total number of shares of any one such trust, nor invest more than two percent (2%) of its admitted assets in shares of any one such trust.
Shares in each such trust which has over one-half (1/2) of its assets invested in ownership of real estate or which has such ownership as its stated investment objective shall be considered a real estate investment for purposes of conforming with the limitation on real estate ownership imposed in K.S.A. 40-2a13.
History: L. 1972, ch. 173, ยง 18; July 1.
Structure Kansas Statutes
Article 2a - Investments By Other Than Life Insurance Companies
40-2a01 United States government obligations; call options.
40-2a02 State, District of Columbia, territorial and municipal obligations.
40-2a03 Canadian government, provincial and municipal obligations.
40-2a04 Foreign government obligations.
40-2a05 Business entity obligations; definitions.
40-2a06 Equipment trust obligations or conditional sales contract.
40-2a07 Preferred and guaranteed stocks; definitions.
40-2a08 Equity interests; call options.
40-2a10 Bank certificates of deposit.
40-2a11 Savings and loan shares or deposits.
40-2a12 Real estate bonds and mortgages.
40-2a18 Real estate investment trusts.
40-2a19 Prior lawful investments.
40-2a20 Adoption of nominee name; designation of bank as trustee.
40-2a22 Investment companies; money market mutual funds.
40-2a24 Financial futures contracts; definitions; use for hedging purposes; definitions.
40-2a25 Mortgage related securities.
40-2a26 Medium and lower grade obligations; definitions.
40-2a27 Same; limitations; exceptions; insurance company required to adopt written investment plan.
40-2a28 Investment in asset-backed securities; conditions; definitions.