eLaws of Florida

  SECTION 625.325. Investments in subsidiaries and related corporations.  


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  • 1(1) 2AUTHORIZATION.3-4Any insurer, either by itself or in cooperation with one or more persons, may organize or acquire one or more subsidiaries, subject to the limitation of subsection (2). Such subsidiaries may conduct any kind of business, and their authority to do so shall not be limited by reason of the fact that they are subsidiaries of an insurer.
    62(2) 63ADDITIONAL INVESTMENT AUTHORITY.66-67In addition to investments in common stock, preferred stock, debt obligations, and other securities permitted under all other sections of this chapter, an insurer may also invest and maintain investments in common stock, preferred stock, debt obligations, and other securities of one or more subsidiaries or related corporations. At the time any such new or additional investment is made, the sum of the insurer’s cost of such investment and the aggregate values as permitted by s. 143625.151(3) 144of all existing investments in such corporations shall not exceed the lesser of:
    157(a) 158Ten percent of the insurer’s admitted assets; or
    166(b) 167Fifty percent of the insurer’s surplus as to policyholders in excess of the minimum surplus as to policyholders required to be maintained by the insurer under this code.
    195(3) 196DEFINITIONS.197-198For purposes of this section:
    203(a) 204“Subsidiary” means a corporation in which the insurer holds, directly or indirectly through an intermediary, sufficient stock to give the insurer a controlling interest.
    228(b)1. 229“Related corporation” means a corporation in which the insurer’s parent corporation holds, directly or indirectly through an intermediary, sufficient stock to give the insurer’s parent corporation a controlling interest.
    2582. 259As to a limited reciprocal, “related corporation” means any corporation that is a member of the limited reciprocal.
    277(4) 278DEBT OBLIGATIONS.280-281Debt obligations, other than mortgage loans, made under the authority of this section must meet amortization requirements in accordance with the latest edition of the publication “Valuation of Securities” by the National Association of Insurance Commissioners or its successor organization; provided that such amortization methodology is substantially similar to the methodology used by the National Association of Insurance Commissioners in its July 1, 2002, edition of such publication.
    349(5) 350INVESTMENT INCLUDES LOANS.353-354For purposes of this section, an insurer’s investment in a subsidiary or related corporation shall be deemed to include all sums loaned to such subsidiary or related corporation.
    382(6) 383CONSTRUCTION.384-385Nothing in this section shall be construed to expand, extend, or otherwise enlarge the provisions of chapter 687.
    403(7) 404APPLICABILITY.405-406This section does not apply to a foreign insurer’s investments in its subsidiaries or related corporations if:
    423(a) 424The foreign insurer is domiciled in a state that is a member of the National Association of Insurance Commissioners.
    443(b) 444Such investments in the foreign insurer’s subsidiaries or related corporations are:
    4551. 456Permitted under the laws of the foreign insurer’s state of domicile.
    4672.a. 468Assigned a rating of 1, 2, or 3 by the Securities Valuation Office of the National Association of Insurance Commissioners; or
    489b. 490Qualify for the National Association of Insurance Commissioners’ filing exemption rule and assigned a rating by a nationally recognized statistical rating organization that would be equivalent to a rating of 1, 2, or 3 by the Securities Valuation Office.
History.-s. 150, ch. 59-205; s. 1, ch. 65-17; ss. 13, 35, ch. 69-106; s. 5, ch. 70-188; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 110, 122, 809(1st), ch. 82-243; s. 46, ch. 89-360; s. 8, ch. 90-119; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 885, ch. 2003-261; s. 2, ch. 2018-131.