58-7-163. Assets not allowed.
In addition to assets impliedly excluded by the provisions of G.S. 58-7-162, the following expressly shall not be allowed as assets in any determination of the financial condition of an insurer:
(1) Repealed by Session Laws 2003-212, s. 7, effective October 1, 2003.
(2) Advances (other than policy loans) to officers, directors, and controlling stockholders, whether secured or not, and advances to employees, agents, and other persons on personal security only.
(3) Stock of the insurer or any material equity therein or loans secured thereby, or any material proportionate interest in the stock acquired or held through the ownership by the insurer of an interest in another firm, corporation, or business unit.
(4) Repealed by Session Laws 2003-212, s. 7, effective October 1, 2003.
(5) The amount, if any, by which the aggregate book value of investments as carried in the ledger assets of the insurer exceeds the aggregate value of the investments as determined under this Chapter.
(6) Bonds, notes, or other evidences of indebtedness that are secured by mortgages or deeds of trust that are in default, to the extent of the cost or carrying value that is in excess of the value as determined pursuant to other provisions of this Chapter.
(7) Repealed by Session Laws 2003-212, s. 7, effective October 1, 2003.
(8) Certificates of contribution, surplus notes, or other similar evidences of indebtedness, to the extent that admission of these investments results in the double counting of these investments in the reporting entity's balance sheet.
(9) Any asset that is encumbered in any manner unless the asset is authorized under G.S. 58-7-187 or G.S. 58-7-162(13); provided that an asset that is used as collateral to secure access to advances from a federal home loan bank, as defined by G.S. 58-30-10(9a), shall not be disallowed under the provisions of this section. (1991, c. 681, s. 29; 1993, c. 452, s. 9; 1993 (Reg. Sess., 1994), c. 678, s. 11; 2003-212, s. 7; 2017-164, s. 2; 2018-120, s. 4.1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 7 - General Domestic Companies.
§ 58-7-1 - Application of this Chapter and general laws.
§ 58-7-5 - Extension of existing charters.
§ 58-7-10 - Certificate required before issuing policies.
§ 58-7-15 - Kinds of insurance authorized.
§ 58-7-16 - Funding agreements authorized.
§ 58-7-21 - Credit allowed a domestic ceding insurer.
§ 58-7-22 - Term and universal life insurance reserve financing.
§ 58-7-30 - Insolvent ceding insurer.
§ 58-7-31 - Life and health reinsurance agreements.
§ 58-7-33 - Minimum policyholders' surplus to assume property or casualty reinsurance.
§ 58-7-35 - Manner of creating such corporations.
§ 58-7-37 - Background of incorporators and proposed management personnel.
§ 58-7-40 - First meeting; organization; license.
§ 58-7-45 - Bylaws; classification and election of directors; amendments.
§ 58-7-46 - Notification to Commissioner for president or chief executive officer changes.
§ 58-7-50 - Maintenance and removal of records and assets.
§ 58-7-55 - Exceptions to requirements of G.S58-7-50.
§ 58-7-60 - Approval as a domestic insurer.
§ 58-7-65 - Conversion to foreign insurer.
§ 58-7-70 - Effects of redomestication.
§ 58-7-73 - Dissolutions of insurers.
§ 58-7-75 - Amount of capital and/or surplus required; impairment of capital or surplus.
§ 58-7-80 - Capital stock fully paid in cash.
§ 58-7-95 - Establishment of separate accounts by life insurance companies.
§ 58-7-105 - Authority to increase or reduce capital stock.
§ 58-7-110 - Assessment of shares; revocation of license.
§ 58-7-115 - Increase of capital stock.
§ 58-7-120 - Reduction of capital stock.
§ 58-7-130 - Dividends and distributions to stockholders.
§ 58-7-140 - Certain officers debarred from commissions.
§ 58-7-145 - Restrictions on purchase and sale of equity securities of domestic companies.
§ 58-7-160 - Investments unlawfully acquired.
§ 58-7-162 - Allowable or admitted assets.
§ 58-7-163 - Assets not allowed.
§ 58-7-165 - Eligible investments.
§ 58-7-167 - General qualifications.
§ 58-7-168 - Authorization of investment.
§ 58-7-172 - Cash and deposits.
§ 58-7-173 - Permitted insurer investments.
§ 58-7-178 - Foreign or territorial investments.
§ 58-7-180 - Chattel mortgages.
§ 58-7-182 - Special investments by title insurers.
§ 58-7-183 - Special consent investments.
§ 58-7-185 - Prohibited investments and investment underwriting.
§ 58-7-187 - Real estate, in general.
§ 58-7-192 - Valuation of securities and investments.
§ 58-7-193 - Valuation of property.
§ 58-7-197 - Replacing certain assets; reporting certain liabilities.
§ 58-7-198 - Assets of foreign or alien insurers.