Texas Insurance Code 425.206 – Authorized Investments for All Funds: Corporate Bonds, Notes, and Debentures
(a) Subject to Subsection (e), an insurer may invest any of the insurer’s funds and accumulations in a first mortgage bond or first lien note on real or personal property of:
(1) a solvent corporation that has not defaulted in the payment of any debt during the five years preceding the investment;
(2) a solvent corporation that has not been in existence for five consecutive years but whose first mortgage bonds or first lien notes on real or personal property are fully guaranteed by a solvent corporation that has not defaulted in the payment of any debt during the five years preceding the investment;
(3) a solvent corporation that has not been in existence for five consecutive years but whose first mortgage bonds or first lien notes on real or personal property are secured by leases or other contracts executed by a solvent corporation that has not defaulted in the payment of any debt during the five years preceding the investment, if the required rentals or other required payments under the leases or other contracts are sufficient in all circumstances to pay interest and principal when due on the bonds or notes; or
(4) a solvent corporation that has not been in existence for five consecutive years preceding the investment, if:
(A) the corporation has succeeded to the business and assets and has assumed the liabilities of another corporation; and
(B) neither the successor corporation or the corporation succeeded has defaulted in the payment of any debt during the five years preceding the investment.
(b) Subject to Subsection (e), an insurer may invest any of the insurer’s funds and accumulations in a note or debenture of a corporation with a net worth of at least $5 million if:
(1) a prior lien in excess of 10 percent of the net worth of the corporation does not exist against the real or personal property of the corporation at the time the note or debenture is issued; and
(2) under the provisions of the indenture providing for the issuance of the note or debenture, a prior lien that exceeds 10 percent of the net worth of the corporation cannot be created against the real or personal property of the corporation at the time the note or debenture is issued.
Terms Used In Texas Insurance Code 425.206
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Personal property: All property that is not real property.
- Property: means real and personal property. See Texas Government Code 311.005
(c) Subject to Subsection (e), an insurer may invest any of the insurer’s funds and accumulations in a note or debenture of a solvent corporation that has not been in existence for five consecutive years if:
(1) a prior lien does not exist against the real or personal property of the corporation at the time the note or debenture is issued;
(2) under the provisions of the indenture providing for the issuance of the note or debenture, a prior lien cannot be created against the real or personal property of the corporation at the time the note or debenture is issued; and
(3) the note or debenture is:
(A) secured by a lease or other contract executed by a solvent corporation that has a net worth of at least $5 million and has not defaulted in the payment of any debt during the five years preceding the investment, if the required rentals or other required payments under the lease or other contract are sufficient in all circumstances to pay interest and principal when due on the bond or note; or
(B) fully guaranteed by a corporation described by Paragraph (A).
(d) Subject to Subsection (e), an insurer may invest any of the insurer’s funds and accumulations in a bond, bill of exchange, or other commercial note or bill of:
(1) a solvent corporation that has not defaulted in the payment of any debt during the five years preceding the investment; or
(2) a solvent corporation that has not been in existence for the five years preceding the investment, if:
(A) the corporation has succeeded to the business and assets and has assumed the liabilities of another corporation;
(B) neither the successor corporation or the corporation succeeded has defaulted in the payment of any debt during the five years preceding the investment;
(C) the corporation has a net worth of at least $50 million; and
(D) the corporation does not have long-term indebtedness that exceeds the corporation’s net worth, as evidenced by the corporation’s latest published financial statements or other financial data available to the public.
(e) The amount of an insurer’s investments in the bonds, notes, debentures, or other obligations of any one corporation may not exceed five percent of the insurer’s admitted assets.