Washington Code 48.13.061 – Classes of investments — Description — Rules
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The following classes of investments may be counted for the purposes specified in RCW 48.13.101, whether they are made directly or as a participant in a partnership, joint venture, or limited liability company. Investments in partnerships, joint ventures, and limited liability companies are authorized investments only pursuant to subsection (12) of this section:
Terms Used In Washington Code 48.13.061
- Appraisal: A determination of property value.
- 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
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Statute: A law passed by a legislature.
(1) Cash in the direct possession of the insurer or on deposit with a financial institution regulated by any federal or state agency of the United States;
(2) Bonds, debt-like preferred stock, and other evidences of indebtedness of governmental units in the United States or Canada, or the instrumentalities of the governmental units, or private business entities domiciled in the United States or Canada, including asset-backed securities and securities valuation office listed mutual funds;
(3) Loans secured by first mortgages, first trust deeds, or other first security interests in real property located in the United States or Canada or secured by insurance against default issued by a government insurance corporation of the United States or Canada or by an insurer authorized to do business in this state;
(4) Common stock or equity-like preferred stock or equity interests in any United States or Canadian business entity, or shares of mutual funds registered with the securities and exchange commission of the United States under the investment company act of 1940, other than securities valuation office listed mutual funds, and, subsidiaries, as defined in RCW 48.31B.005, engaged exclusively in the following businesses:
(a) Acting as an insurance producer, surplus line broker, or title insurance agent for its parent or for any of its parent’s insurer subsidiaries or affiliates;
(b) Investing, reinvesting, or trading in securities or acting as a securities broker or dealer for its own account, that of its parent, any subsidiary of its parent, or any affiliate or subsidiary;
(c) Rendering management, sales, or other related services to any investment company subject to the federal investment company act of 1940, as amended;
(d) Rendering investment advice;
(e) Rendering services related to the functions involved in the operation of an insurance business including, but not limited to, actuarial, loss prevention, safety engineering, data processing, accounting, claims appraisal, and collection services;
(f) Acting as administrator of employee welfare benefit and pension plans for governments, government agencies, corporations, or other organizations or groups;
(g) Ownership and management of assets which the parent could itself own and manage: PROVIDED, that the aggregate investment by the insurer and its subsidiaries acquired pursuant to this subsection (4)(g) shall not exceed the limitations otherwise applicable to such investments by the parent;
(h) Acting as administrative agent for a government instrumentality which is performing an insurance function or is responsible for a health or welfare program;
(i) Financing of insurance premiums;
(j) Any other business activity reasonably ancillary to an insurance business;
(k) Owning one or more subsidiary;
(i) Insurers, health care service contractors, or health maintenance organizations to the extent permitted by this chapter;
(ii) Businesses specified in (a) through (k) of this subsection inclusive; or
(iii) Any combination of such insurers and businesses;
(5) Real property necessary for the convenient transaction of the insurer’s business;
(6) Real property, together with the fixtures, furniture, furnishings, and equipment pertaining thereto in the United States or Canada, which produces or after suitable improvement can reasonably be expected to produce income;
(7) Loans, securities, or other investments of the types described in subsections (1) through (6) of this section in national association of insurance commissioners securities valuation office 1 debt rated countries other than the United States and Canada;
(8) Bonds or other evidences of indebtedness of international development organizations of which the United States is a member;
(9) Loans upon the security of the insurer’s own policies in amounts that are adequately secured by the policies and that in no case exceed the surrender values of the policies;
(10) Tangible personal property under contract of sale or lease under which contractual payments may reasonably be expected to return the principal of and provide earnings on the investment within its anticipated useful life;
(11) Other investments the commissioner authorizes by rule; and
(12) Investments not otherwise permitted by this section, and not specifically prohibited by statute, to the extent of not more than five percent of the first five hundred million dollars of the insurer’s admitted assets plus ten percent of the insurer’s admitted assets exceeding five hundred million dollars.
NOTES:
Effective dates—2015 c 122: See note following RCW 48.31B.005.