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Current as of January 01, 2023 | Updated by FindLaw Staff
(a) Any life insurance company organized under any law of this state may invest, by loans or otherwise, with the direction or approval of a majority of its board of directors or authorized committee thereof, any of its funds, or any part thereof, in asset-backed securities, subject to the following:
(1) To be an admitted asset under this section, an asset-backed security must, at the time of acquisition, be designated “1” or “2” by the SVO or its equivalent rating by a nationally recognized statistical rating organization recognized by the SVO; and
(2) the investment in any one issue of asset-backed securities shall not exceed 2% of the admitted assets of the life insurance company as shown by its last annual report or a more recent quarterly financial statement filed with the commissioner. Each issue designated as provided in paragraph (1) shall constitute a single issue regardless of any other obligations or securities issued by the same or any affiliated issuer.
(b) As used in this section:
(1) “Asset-backed security” means any security or other instrument representing or evidencing an interest in, a loan to, a participation in a loan to, or any other right to receive payments from a business entity of any type or form, which has as its primary business activity the acquisition and holding of financial assets, directly or through a trustee, for the benefit of such business entity's debt or equity holders;
(2) “financial asset” means a single asset or a pool of assets consisting of interest-bearing obligations or other contractual obligations representing or constituting the right to receive payment from the asset or pool of assets;
(3) “NAIC” means the national association of insurance commissioners; and
(4) “SVO” means the securities valuation office of the NAIC or any successor office established by the NAIC.
Cite this article: FindLaw.com - Kansas Statutes Chapter 40. Insurance § 40-2b29. Investment in asset-backed securities; conditions; definitions - last updated January 01, 2023 | https://codes.findlaw.com/ks/chapter-40-insurance/ks-st-sect-40-2b29/
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