41-731 — PROHIBITED INVESTMENTS AND INVESTMENT UNDERWRITING
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TITLE 41
INSURANCE
CHAPTER 7
INVESTMENTS
41-731. PROHIBITED INVESTMENTS AND INVESTMENT UNDERWRITING. (1) In
addition to investments excluded under other provisions of this code, an
insurer shall not directly or indirectly invest in or loan its funds upon the
security of:
(a) Issued shares of its own capital stock, except for the purpose of
mutualization under section 41-2854, Idaho Code, or in connection with a
plan approved by the director for purchase of such shares by the insurer's
officers, employees, or agents, or for other reasonable purposes under a
plan filed with and approved by the director. No such stock shall,
however, constitute an asset of the insurer in any determination of its
financial condition.
(b) Except with the director's consent, any security issued by any
corporation or enterprise the controlling interest of which is, or will
after such acquisition by the insurer be, held directly or indirectly by
the insurer or any combination of the insurer and the insurer's directors,
officers, parent corporation, subsidiaries, controlling stockholders, and
the spouses and children of any of the foregoing individuals. Investments
in subsidiaries under sections 41-706(2), 41-715 and 41-3801B, Idaho Code,
shall not be subject to this provision.
(c) Any note or other evidence of indebtedness of any director, officer,
or controlling stockholder of the insurer, or the spouse or child of any
of the foregoing individuals, except as to policy loans authorized under
section 41-718, Idaho Code.
(d) Any investment or security which is found by the director to be
designed to evade any prohibition of this chapter.
(2) No insurer shall underwrite or participate in the underwriting of an
offering of securities or property by any other person.