Power to hold property in other than own name.

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  • (1) An insurer shall hold all investments and deposits of its funds in its own name except:
    • (a) securities:
      • (i) kept under a custodial agreement or trust arrangement with one of the following approved by the commissioner:
        • (A) a bank;
        • (B) a securities firm's trust company;
        • (C) a trust company; or
        • (D) a brokerage firm; and
      • (ii) that may be issued in the name of a nominee of the:
        • (A) bank;
        • (B) securities firm's trust company;
        • (C) trust company; or
        • (D) brokerage firm; and
    • (b) securities that may be acquired and held in bearer form.
  • (2) An insurer shall take steps which the commissioner reasonably prescribes by rule or order to:
    • (a) safeguard the securities described in Subsection (1); and
    • (b) ensure that the securities are not loaned to other insurers, affiliated or not, to mislead the commissioner about the true financial condition of either the lending or the borrowing insurer.
  • (3)
    • (a) If the department finds that an insurer is in violation of this section, the insurer is subject to:
      • (i) a fine;
      • (ii) suspension of a license;
      • (iii) revocation of a license;
      • (iv) another penalty permitted by Section 31A-2-308; or
      • (v) any combination of Subsections (3)(a)(i) through (iv).
    • (b) An insurer may not provide for the custody of the insurer's securities except as granted by this section.
    • (c) Securities of an insurer kept under a custodial agreement or trust arrangement in violation of this section shall be disregarded in:
      • (i) determining the financial condition of the insurer; or
      • (ii) reporting the financial condition of the insurer.




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