South Carolina Code of Laws
Chapter 12 - South Carolina Investments Laws
Section 38-12-250. Equity interests in domestic business entities; percentage of assets limitation; short sales.

(A) Subject to the limitations of Section 38-12-220, an insurer may acquire directly, or through an investment affiliate, equity interests in business entities organized pursuant to the laws of any domestic jurisdiction.
(B) An insurer may not acquire directly, or through an investment affiliate, an investment pursuant to this section if as a result of and after giving effect to the investment the aggregate amount of investments then held by the insurer pursuant to this section exceeds twenty percent of its admitted assets, or, except for mutual funds, the amount of equity interests then held by the insurer that are not listed on a qualified exchange exceeds five percent of its admitted assets. An accident and health insurer is not subject to this section but is subject to the same aggregate limitation on equity interests as a property and casualty insurer pursuant to Section 38-12-460 and also to the provisions of Section 38-12-420.
(C) An insurer may not acquire pursuant to this section investments that the insurer may acquire pursuant to Section 38-12-270 or pursuant to Chapter 21 of this title.
(D) An insurer may not short sell an equity interest unless the insurer covers the short sale by owning the equity interest or an unrestricted right to the equity interest exercisable within six months of the short sale.
HISTORY: 2002 Act No. 319, Section 2, eff June 3, 2002.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 38 - Insurance

Chapter 12 - South Carolina Investments Laws

Section 38-12-10. Short title.

Section 38-12-20. Scope of chapter.

Section 38-12-30. Definitions.

Section 38-12-40. Insurer acquisitions, holdings or investments.

Section 38-12-50. Board of director responsibilities; adoption of written investment plan; review of portfolio; records of authorizations.

Section 38-12-60. Prohibited actions of insurer.

Section 38-12-70. Direct or indirect financial interest prohibited; loans to officers or directors.

Section 38-12-80. Asset valuation.

Section 38-12-90. Regulations.

Section 38-12-210. Scope of article.

Section 38-12-220. Restrictions on investments.

Section 38-12-230. Rated credit instruments; federally backed mortgages.

Section 38-12-240. Investment pools; qualification requirements; pooling agreements.

Section 38-12-250. Equity interests in domestic business entities; percentage of assets limitation; short sales.

Section 38-12-260. Tangible personal property; valuation; limitations.

Section 38-12-270. Mortgage loans; real estate.

Section 38-12-280. Securities lending, repurchase, reverse repurchase, and dollar roll transactions.

Section 38-12-290. Foreign investments.

Section 38-12-300. Derivative transactions.

Section 38-12-310. Life insurer loan to policyholder.

Section 38-12-320. Exceptions to investment restrictions; assets from dividends and distributions; mergers and consolidations; protection of previous investments; time for determining qualification.

Section 38-12-410. Scope of article.

Section 38-12-420. Asset and reserve requirements; notice of deficiency; notice to eliminate noncompliance.

Section 38-12-430. Asset limitations for insurer holdings; Canadian investments.

Section 38-12-440. Insurer acquisition of rated credit instruments; limitations.

Section 38-12-450. Insurer acquisition of investments in investment pools; limitations.

Section 38-12-460. Equity interests in domestic business entities; limitations.

Section 38-12-470. Tangible personal property; valuation; limitations.

Section 38-12-480. Mortgage loans; real estate.

Section 38-12-490. Securities lending, repurchase, reverse repurchase, and dollar roll transactions.

Section 38-12-500. Foreign investments.

Section 38-12-510. Derivative transactions.

Section 38-12-520. Exceptions to investment restrictions; assets from dividends and distributions; mergers and consolidations; protection of previous investments; time for determining qualification.