31A-18-110. Authorized classes of investments.
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/ut/title-31a/chapter-18/31a-18-110A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
31A-18-110. Authorized classes of investments.
An insurer may count the following classes of investments for the purposes stated in Section 31A-18-109 , whether the insurer makes these investments directly or as a participant in a partnership, joint venture, or limited liability company:
(1)cash in the direct possession of the insurer or on deposit with a financial institution regulated by a federal or state agency;
(2)a bond, debt-like preferred stock, and other evidence of indebtedness to:
(a)a government unit in the United States or Canada;
(b)an instrumentality of a government unit in the United States or Canada; or
(c)a private business entity domiciled in the United States or Canada, including asset-backed securities and mutual funds listed by the Securities Valuation Office of the NAIC;
(3)a loan secured by:
(a)a mortgage, trust deed, or other security interest in real property located in the United States or Canada; or
(b)insurance against default issued by:
(i)a government insurance corporation of the United States or Canada; or
(ii)an insurer authorized to do business in this state;
(a)common stock, equity-like preferred stock, or equity interests in any United States or Canadian business entity; or
(b)a share of mutual funds registered with the Securities and Exchange Commission of the United States under the Investment Company Act of 1940, 15 U.S.C. Sec. 80a-1 et seq., other than any mutual fund listed by the Securities Valuation Office of the NAIC;
(5)real property necessary for the convenient transaction of the insurer's business;
(6)real property, including the fixtures, furniture, furnishings, and equipment pertaining to the real property that:
(a)is located in the United States or Canada; and
(b)produces, or after suitable improvement can reasonably be expected to produce substantial income;
(7)a loan, security, or other investment described in Subsections
(1)through
(6)in a country other than the United States or Canada;
(8)a bond or other evidence of indebtedness to an international development organization of which the United States is a member;
(9)a loan upon the security of the insurer's own policies:
(a)in an amount that is adequately secured by the policies; and
(b)that does not exceed the surrender values of the policies;
(10)tangible personal property under contract of sale or lease with a contractual payment that may be reasonably expected to return the principal of, and provide earnings on, the investments within the tangible personal property's anticipated useful life;
(11)a loan secured by a pledged security or evidence of debt eligible for investment under this section;
(12)other investments the commissioner authorizes by rule; and
(13)for an investment not otherwise permitted by this section, and not specifically prohibited by statute, the lesser of:
(a)excess surplus as that term is defined in Section 31A-1-301 ; or
(b)5% of the first $500,000,000 of the insurer's admitted assets plus 10% of the insurer's admitted assets exceeding $500,000,000.
Repealed and Re-enacted by Chapter 368 , 2025 General Session