Company: North Carolina General Assembly

§ 58‑10‑440.  Investment requirements.
(a)	Except as may be otherwise authorized by the Commissioner, association captive insurance companies and risk retention groups shall comply with the investment requirements contained in G.S. 58‑7‑167, 58‑7‑170, 58‑7‑172, 58‑7‑173, 58‑7‑178, 58‑7‑179, 58‑7‑180, 58‑7‑183, 58‑7‑185, 58‑7‑187, 58‑7‑188, 58‑7‑192, 58‑7‑193, 58‑7‑197, 58‑7‑200, and 58‑7‑205, as applicable. Notwithstanding any other provision of this Chapter, the Commissioner may approve the use of alternative reliable methods of valuation and rating.
(b)	No pure captive insurance company, industrial insured captive insurance company, protected cell captive insurance company, special purpose captive insurance company, or special purpose financial captive insurance company shall be subject to any restrictions on allowable investments, provided that the Commissioner may prohibit or limit any investment that threatens the solvency or liquidity of any such company.
(c)	No captive insurance company or protected cell shall make a loan to or an investment in an affiliate or a participant without prior written approval of the Commissioner, and any such loan or investment shall be evidenced by documentation approved by the Commissioner. Loans of minimum capital and surplus funds required by G.S. 58‑10‑370 are prohibited. G.S. 58‑10‑345(f) shall apply to all information filed pursuant to this section.
(d)	Notwithstanding this section or G.S. 58‑7‑167, 58‑7‑170, 58‑7‑172, 58‑7‑173, 58‑7‑178, 58‑7‑179, 58‑7‑180, 58‑7‑183, 58‑7‑185, 58‑7‑187, 58‑7‑188, 58‑7‑192, 58‑7‑193, 58‑7‑197, 58‑7‑200, and 58‑7‑205, an association captive insurance company of an association described in G.S. 58‑10‑340(4)(b) [G.S. 58‑10‑340(4)b.] may hold any interest in qualified headquarters property, and the qualified headquarters property shall be admitted assets and authorized investments of the association captive insurance company. The net book value of the qualified headquarters property deemed admitted and authorized under this subsection may not exceed two million five hundred thousand dollars ($2,500,000), and an association captive insurance company holding qualified headquarters property pursuant to this subsection shall at all times maintain total surplus, without regard to the qualified headquarters property, of at least the sum of (i) fifty percent (50%) of the net book value of the qualified headquarters property and (ii) the minimum capital and surplus requirements. For purposes of this subsection, "qualified headquarters property" includes the real property and the building in which the principal office of the association captive insurance company is located and also includes any improved and unimproved real property of the association captive insurance company that is located within 1,500 feet of the company's principal office.  (2013‑116, s. 1; 2014‑65, s. 13; 2015‑99, s. 1; 2016‑78, s. 4.1(p); 2022‑7, s. 1(c).)

G.S. 58-10-440	Page