South Dakota Codified Laws
Chapter 35 - Farm Mutual Insurers
Section 58-35-47 - Investment of funds authorized.

58-35-47. Investment of funds authorized.
The directors of a farm mutual insurer may invest the insurer's funds or any part of the insurer's funds in any of the following:
(1)Bonds or other securities issued by the United States government or by any agency or instrumentality of the United States government, or by any United States government-sponsored enterprise;
(2)Bonds or other obligations the payment of the interest and principal of which is assumed or guaranteed by the United States government or any agency or instrumentality of the United States government, or by any United States government-sponsored enterprise;
(3)General obligation bonds or warrants of this state or of any other state of the United States, or of any of the political subdivisions or other taxing districts of this state or any other state;
(4)Certificates of deposit in any bank wherein the deposits are insured by the federal deposit insurance corporation up to the amount to which such insurance protection applies;
(5)Shares or savings accounts of savings and loan and building and loan associations to the extent that such an account is insured by the federal savings and loan insurance corporation;
(6)When authorized by a majority vote of its members present at a duly called and held meeting of members, and with the consent of the director, in a home office building and the land on which such building is situated;
(7)With the approval of the director of the Division of Insurance, in the preferred stock of any solvent corporation existing under the laws of the United States of America, or any state of the United States and in the common stock of any other solvent insurer;
(8)Bonds, notes, or other obligations issued by any federal land bank, federal intermediate credit bank, bank for cooperatives, or any or all of the federal farm credit banks;
(9)With the approval of the director of the Division of Insurance, in common stocks, mutual funds and exchange traded funds consisting of common stocks, not to exceed twenty percent of the company's admitted assets. No individual common stock may exceed five percent of the company's admitted assets;
(10)Money market funds which would qualify as an investment pursuant to §58-27-101;
(11)With the approval of the director of the Division of Insurance, in an insurance agency;
(12)Investments set forth in §58-27-103 if the aggregate value of the investments pursuant to that section do not exceed ten percent of the farm mutual's total admitted assets and do not exceed the limitation set forth in §58-27-53;
(13)With the approval of the director of the Division of Insurance, in corporate bonds, convertible bonds, preferred stocks, or other fixed income mutual funds, or exchange traded funds consisting of income securities issued by corporations. No issuer may exceed five percent of admitted assets and no one mutual fund or exchange traded fund may exceed twenty percent of admitted assets. All individual holdings must be rated A3 or better by Moody's Investor Service or rated A- or better by Standard & Poor's Corporation. All mutual funds or exchange traded funds must have an average credit quality of A3 or better as rated by Moody's Investor Service or A- or better as rated by Standard & Poor's Corporation.
If a farm mutual insurer has invested its funds or any part of its funds pursuant to subdivisions 58-35-47(9) or (13) and the farm mutual insurer is determined to be in a financially hazardous condition, the director may order the farm mutual insurer to reinvest those funds pursuant to chapters 58-4 or 58-29B.

Source: SL 1966, ch 111, ch 17, §23; SL 1967, ch 135, §§1, 2; SL 1974, ch 320; SL 1979, ch 37, §8; SL 1986, ch 423; SL 1987, ch 383; SL 1990, ch 409; SL 1993, ch 372; SL 1994, ch 388; SL 2004, ch 297, §4; SL 2014, ch 243, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 58 - Insurance

Chapter 35 - Farm Mutual Insurers

Section 58-35-1 - Application of chapter.

Section 58-35-2 - Farm mutual insurers subject to chapter.

Section 58-35-3 - "State mutual insurer" defined.

Section 58-35-4 - "County mutual insurer" defined--Continuation of prior business in noncontiguous counties.

Section 58-35-5 - Incorporators--Number and property ownership required for state mutual insurer.

Section 58-35-6 - Incorporators--Number and property ownership required for county mutual insurer.

Section 58-35-7 - Declaration of intent to incorporate, filing--Proposed articles of incorporation, execution.

Section 58-35-8 - Articles of incorporation--Contents.

Section 58-35-9 - Fee for filing articles of incorporation.

Section 58-35-10 - Articles of incorporation--Approval and endorsement by attorney general.

Section 58-35-11 - Misleading name of proposed corporation--Rejection by director.

Section 58-35-13 - Transaction of business without certificate of authority as misdemeanor.

Section 58-35-14 - Amendment of articles of incorporation.

Section 58-35-15 - Qualifications of state mutual insurer for certificate of authority.

Section 58-35-16 - Qualifications of county mutual insurer for certificate of authority.

Section 58-35-17 - Certificate of authority to insure against hail--Required qualifications to obtain.

Section 58-35-18 - Issuance of certificate of authority--Continuation--Termination.

Section 58-35-19 - Fees for certificate of authority.

Section 58-35-20 - Suspension or revocation of certificate of authority--Grounds.

Section 58-35-21 - Bylaws--Making and approval--Modification.

Section 58-35-22 - Contents of bylaws.

Section 58-35-23 - Filing of bylaws--Disapproval by director.

Section 58-35-24 - Minimum number of members.

Section 58-35-25 - Directors--Election--Term of office.

Section 58-35-26 - Qualification of directors.

Section 58-35-27 - Officers--Election--Term of office.

Section 58-35-28 - Bonds of treasurer and secretary.

Section 58-35-29 - Property insurable by farm mutual.

Section 58-35-29.1 - Living expenses and fire department service charges incidental to casualty insurance.

Section 58-35-30 - Insurance of property not owned by member or spouse prohibited--Exceptions.

Section 58-35-32 - Insurance on churches, schools, and community buildings.

Section 58-35-32.1 - Liability insurance issued by state insurers--Medical and disability benefits--Snowmobiles.

Section 58-35-33 - Withdrawal from membership--Surrender of policy for cancellation--Payment of obligations.

Section 58-35-35 - Maximum amount of insurance on single risk.

Section 58-35-36 - "Single risk" defined.

Section 58-35-37 - Cash premium or assessment plan for transacting business.

Section 58-35-38 - Cash premium plan--Collection of premiums.

Section 58-35-39 - Cash premium plan--Special assessment in case of inadequacy.

Section 58-35-40 - Assessment plan insurance--Levy of assessments before or after liability incurred--Collection of initial amount before effective date of insurance.

Section 58-35-41 - Application for insurance to be in writing--Advance cash payments.

Section 58-35-42 - Application and policy forms filed with director--Disapproval.

Section 58-35-43 - Rates--Filing with director not required--Discrimination prohibited.

Section 58-35-44 - Reinsurance.

Section 58-35-45 - Reinsurance corporation formed by insurers--Procedure.

Section 58-35-46 - Risk limitation inapplicable to organization of county mutual insurers for reinsurance purposes.

Section 58-35-47 - Investment of funds authorized.

Section 58-35-48 - Funds expended for educational purposes--Maximum amount--Statement in annual report.

Section 58-35-49 - Claim for loss--Notice in writing--Arbitration.

Section 58-35-50 - Directors' and officers' liability for failure to pay claims.

Section 58-35-54 - Annual statement of affairs--Contents and filing.

Section 58-35-55 - Failure to file annual statement--Suspension or revocation of certificate of authority.

Section 58-35-56 - Annual statement--Presentation at meeting of members.

Section 58-35-57 - Application of other provisions.

Section 58-35-58 - Provisions exclusive.

Section 58-35-59 - Financial reporting standards.

Section 58-35-60 - Merger of farm mutual insurers--Plan of merger.

Section 58-35-61 - Policyholders to vote on merger plan--Notice of vote.

Section 58-35-62 - Approval of plan of merger by majority of voters.

Section 58-35-63 - Execution and acknowledgment of articles of merger--Contents of articles.

Section 58-35-64 - Filing plan of merger and articles of merger--Approval by director--Reasons for denying hearing.

Section 58-35-65 - Notification of disapproval of plan.

Section 58-35-66 - Examination of articles of merger by attorney general--Submission to secretary of state.

Section 58-35-67 - Approval of articles of merger by secretary of state--Endorsement--Filing--Certificate of merger.

Section 58-35-68 - Merger effective upon issuance of certificate.

Section 58-35-69 - Surviving corporation exists separate from parties to merger.

Section 58-35-70 - Rights, privileges, immunities, and franchises of surviving or new corporation.

Section 58-35-71 - Liabilities and obligations of surviving or new corporation.

Section 58-35-72 - Articles of incorporation of surviving corporation amended by plan of merger.

Section 58-35-73 - Dissolution of farm mutual insurer.

Section 58-35-74 - Rights of dissenting members and proxy voters not applicable to mergers.

Section 58-35-75 - Division of farm mutual insurers--Plan.

Section 58-35-76 - Members to vote on plan of division.

Section 58-35-77 - Articles of division of farm mutual--Articles of incorporation--Filing--Application of chapter provisions.

Section 58-35-78 - Annual audit--Independent audit--Report--Extension.