South Carolina Code of Laws
Chapter 12 - South Carolina Investments Laws
Section 38-12-60. Prohibited actions of insurer.

(A) An insurer, directly or indirectly, may not:
(1) invest in an obligation or security or make a guarantee for the benefit of or in favor of an officer or director of the insurer, except as provided in Section 38-12-70;
(2) invest in an obligation or security, make a guarantee for the benefit of or in favor of, or make other investments in a business entity of which ten percent or more of the voting securities or equity interests are owned directly or indirectly by or for the benefit of one or more officers or directors of the insurer, except as authorized in Chapter 21 of this title or as provided in Section 38-12-70;
(3) engage on its own behalf or through one or more affiliates in a transaction or series of transactions designed to evade the prohibitions of this chapter;
(4) invest in a partnership as a general partner, except that an insurer may make an investment as a general partner:
(a) if all other partners in the partnership are subsidiaries or other insurance company affiliates of the insurer;
(b) for the purpose of:
(i) meeting cash calls committed to before the effective date of this chapter;
(ii) completing those specific projects or activities of the partnership in which the insurer was a general partner as of the effective date of this chapter that had been undertaken as of that date; or
(iii) making capital improvements to property owned by the partnership on the effective date of this chapter if the insurer was a general partner as of that date; or
(c) in accordance with Section 38-12-40(C); or
(5) invest in or lend its funds upon the security of shares of its own stock, except as authorized by other provisions of this title, except that those shares must not be admitted assets of the insurer.
(B) This section does not prohibit a subsidiary or other affiliate of the insurer from becoming a general partner.
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.