40-2b18. Real estate investment trusts. Any life insurance company heretofore or hereafter 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 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. 40-2b05;
(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;
(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 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. 40-2b10.
History: L. 1972, ch. 179, ยง 18; July 1.
Structure Kansas Statutes
Article 2b - Investments By Life Insurance Companies
40-2b01 United States government obligations; call options.
40-2b02 State, District of Columbia, territorial and municipal obligations.
40-2b03 Canadian government, provincial and municipal obligations.
40-2b04 Investments in foreign jurisdictions and currencies; definitions.
40-2b05 Business entity obligations; definitions.
40-2b06 Preferred and guaranteed stocks; definitions.
40-2b07 Equity interests; call options.
40-2b08 Equipment trust obligations or conditional sales contracts.
40-2b09 Real estate bonds, mortgages, tax lien certificates.
40-2b15 Savings and loan shares or deposits.
40-2b16 Bank certificates of deposit.
40-2b18 Real estate investment trusts.
40-2b19 Prior lawful investments.
40-2b24 Investment companies; money market mutual funds.
40-2b26 Mortgage related securities.
40-2b27 Medium and lower grade obligations; definitions.
40-2b28 Same; limitations; exceptions; insurance company required to adopt written investment plan.
40-2b29 Investment in asset-backed securities; conditions; definitions.