58-10-615. Disposition of assets; investment limitations.
(a) The assets of an SPFC shall be preserved and administered by or on behalf of the SPFC to satisfy the liabilities and obligations of the SPFC incident to the reinsurance contract, the insurance securitization, and other related agreements.
(b) In the insurance securitization, the security offering memorandum or other document issued to prospective investors regarding the offer and sale of a surplus note or other security shall include a disclosure that all or part of the proceeds of such insurance securitization will be used to fund the SPFC's obligations to the ceding insurer.
(c) No SPFC shall be subject to any restriction on investments other than the following:
(1) The Commissioner may limit investments by an SPFC to those categories and amounts of authorized investments delineated in G.S. 58-7-167, 58-7-170, 58-7-172, 58-7-173, 58-7-178, 58-7-179, 58-7-180, 58-7-183, 58-7-185, 58-7-187, 58-7-188, 58-7-192, 58-7-193, 58-7-197, 58-7-200, and 58-7-205, as applicable and as amended from time to time.
(2) No SPFC shall make a loan to any person other than as permitted under its plan of operation or as otherwise approved in advance by the Commissioner.
(3) The Commissioner may prohibit or limit any investment that threatens the solvency or liquidity of the SPFC unless the investment is otherwise approved by the Commissioner in writing. (2013-116, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 10 - Miscellaneous Insurer Financial Provisions.
§ 58-10-1 - Stock to mutual insurer conversion.
§ 58-10-10 - Mutual to stock insurer conversion.
§ 58-10-12 - Conversion plan requirements.
§ 58-10-30 - Notice requirements.
§ 58-10-35 - Policyholder rights.
§ 58-10-40 - Effect of consent.
§ 58-10-45 - Commissioner's discretion.
§ 58-10-60 - Acquisitions and dispositions of assets.
§ 58-10-65 - Nonrenewals, cancellations, or revisions of ceded reinsurance agreements.
§ 58-10-75 - Purpose and legislative intent.
§ 58-10-85 - Establishment of protected cells.
§ 58-10-90 - Use and operation of protected cells.
§ 58-10-95 - Reach of creditors and other claimants.
§ 58-10-100 - Conservation, rehabilitation, or liquidation of protected cell companies.
§ 58-10-105 - No transaction of an insurance business.
§ 58-10-110 - Authority to adopt rules.
§ 58-10-125 - Policyholders position and capital and surplus requirements.
§ 58-10-130 - Unearned premium reserve.
§ 58-10-135 - Contingency reserve for mortgage guaranty insurers.
§ 58-10-140 - Report of policyholder's position.
§ 58-10-145 - Monoline requirement for mortgage guaranty insurers.
§ 58-10-150 - Statement of actuarial opinion.
§ 58-10-155 - Actuarial opinion summary.
§ 58-10-160 - Actuarial report and work papers.
§ 58-10-165 - Monetary penalties for failure to provide documents.
§ 58-10-170 - Qualified immunity of appointed actuary.
§ 58-10-175 - Confidentiality.
§ 58-10-185 - Purpose and scope.
§ 58-10-200 - Contents of annual audited financial report.
§ 58-10-205 - Designation of independent certified public accountant.
§ 58-10-210 - Qualifications of independent certified public accountant.
§ 58-10-215 - Consolidated or combined audits.
§ 58-10-220 - Scope of audit and report of independent certified public accountant.
§ 58-10-225 - Notification of adverse financial condition.
§ 58-10-230 - Communication of internal control related matters noted in an audit.
§ 58-10-235 - Accountant's letter of qualifications.
§ 58-10-245 - Requirements for audit committees.
§ 58-10-246 - Internal audit function requirements.
§ 58-10-255 - Management's report of internal control over financial reporting.
§ 58-10-260 - Exemptions and effective dates.
§ 58-10-265 - Canadian and British companies.
§ 58-10-280 - General provisions.
§ 58-10-285 - Application; contents; process.
§ 58-10-290 - Plan of reorganization.
§ 58-10-295 - Powers of the Commissioner.
§ 58-10-300 - Special financial requirements.
§ 58-10-305 - Reorganization of domestic mutual insurer with mutual insurance holding company.
§ 58-10-310 - Mergers of mutual insurance holding companies.
§ 58-10-315 - Stock offerings.
§ 58-10-320 - Regulation of holding company system.
§ 58-10-325 - Reporting of stock ownership and transactions.
§ 58-10-345 - Licensing; authority; confidentiality.
§ 58-10-347 - Provisional approval for a license.
§ 58-10-350 - Commissioner use of consultants and other professionals.
§ 58-10-355 - Organizational audit.
§ 58-10-360 - Designation of captive manager.
§ 58-10-365 - Names of companies.
§ 58-10-370 - Capital and surplus requirements.
§ 58-10-375 - Dividends and distributions.
§ 58-10-380 - Formation of captive insurance companies.
§ 58-10-385 - Governing board members, officers, and employees.
§ 58-10-390 - Conflict of interest.
§ 58-10-395 - Plan of operation change.
§ 58-10-400 - Insurance manager and intermediaries.
§ 58-10-415 - Annual audit and statement of actuarial opinion.
§ 58-10-420 - Independent certified public accountants.
§ 58-10-425 - Deposit requirement.
§ 58-10-430 - Audits and Financial Analysis.
§ 58-10-435 - License suspension or revocation.
§ 58-10-440 - Investment requirements.
§ 58-10-450 - Membership in rating organizations; exemption from compulsory associations.
§ 58-10-460 - Adoption and amendment of rules by Commissioner.
§ 58-10-465 - Applicable provisions.
§ 58-10-475 - Supervision; rehabilitation; liquidation.
§ 58-10-480 - Authority for expenditure of public funds.
§ 58-10-485 - Violations and penalties.
§ 58-10-490 - Inactive captive insurance companies.
§ 58-10-495 - Captive insurance companies reinsuring life insurance policies.
§ 58-10-496 - Waiver or modification.
§ 58-10-500 - Forming a protected cell captive insurance company.
§ 58-10-510 - Establishment of protected cells.
§ 58-10-512 - Incorporated protected cells.
§ 58-10-513 - Cell shares and cell dividends.
§ 58-10-515 - Participants in a protected cell captive insurance company.
§ 58-10-520 - Combining assets of protected cells.
§ 58-10-530 - Establishment of branch captive insurance companies.
§ 58-10-535 - Security for payment of branch captive insurance company liabilities.
§ 58-10-545 - Filing of reports and statements.
§ 58-10-550 - Audit of a branch captive insurance company.
§ 58-10-555 - Creation of special purpose financial captives.
§ 58-10-560 - Controlling provisions when conflict exists; exemptions.
§ 58-10-565 - Application requirements.
§ 58-10-570 - Organization of an SPFC.
§ 58-10-575 - Minimum capital.
§ 58-10-580 - Authorized activities.
§ 58-10-585 - Establishment of protected cell accounts.
§ 58-10-590 - Protected cell accounts.
§ 58-10-595 - Issuing securities.
§ 58-10-600 - Asset management agreements.
§ 58-10-610 - No securities considered to be insurance or reinsurance contracts.
§ 58-10-615 - Disposition of assets; investment limitations.
§ 58-10-625 - Changes in plan of operation; filing of audit and statement of operation; audits.
§ 58-10-630 - Cessation of business.
§ 58-10-635 - Supervision, rehabilitation, or liquidation of SPFC.
§ 58-10-650 - Other laws applicable to captive insurance companies.
§ 58-10-655 - Commissioner to share information with Department of Revenue.
§ 58-10-700 - Purpose and scope.
§ 58-10-710 - Risk management framework.
§ 58-10-715 - ORSA requirement.
§ 58-10-720 - ORSA Summary Report.
§ 58-10-730 - Contents of ORSA Summary Report.
§ 58-10-735 - Confidentiality.
§ 58-10-745 - Severability clause.
§ 58-10-755 - Purpose and scope.
§ 58-10-765 - Disclosure requirement and filing procedures.
§ 58-10-770 - Rules and regulations.
§ 58-10-775 - Contents of corporate governance annual disclosure.
§ 58-10-780 - Confidentiality.