40-2a28. Investment in asset-backed securities; conditions; definitions. (a) Any insurance company other than life organized under any law of this state may invest, by loans or otherwise, 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 asset-backed securities, subject to the following:
(1) To be an admitted asset under this section, an asset-backed security must, at the time of acquisition, be designated "1" or "2" by the SVO or its equivalent rating by a nationally recognized statistical rating organization recognized by the SVO;
(2) the investment in any one issue of asset-backed securities shall not exceed 2% of the admitted assets of the investing insurance company as shown by its last annual report or a more recent quarterly financial statement filed with the commissioner. Each issue designated as provided in paragraph (1) shall constitute a single issue regardless of any other obligations or securities issued by the same or any affiliated issuer.
(b) As used in this section:
(1) "Asset-backed security" means any security or other instrument representing or evidencing an interest in, a loan to, a participation in a loan to, or any other right to receive payments from a business entity of any type or form, which has as its primary business activity the acquisition and holding of financial assets, directly or through a trustee, for the benefit of such business entity's debt or equity holders;
(2) "financial asset" means a single asset or a pool of assets consisting of interest-bearing obligations or other contractual obligations representing or constituting the right to receive payment from the asset or pool of assets;
(3) "NAIC" means the national association of insurance commissioners; and
(4) "SVO" means the securities valuation office of the NAIC or any successor office established by the NAIC.
History: L. 1995, ch. 23, § 2; L. 2014, ch. 43, § 4; L. 2015, ch. 7, § 7; 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.